[Updated on September 10, 2020]
1. Materials & Ownership
The Site may contain information, software, documentation, data, services, logos, trademarks, trade dress, artwork, text, video, audio, video, pictures, content and other materials (collectively, “Materials”).
You may download Materials that provide information on Cybiant products and services (such as white papers, press releases, datasheets, and product documentation) and that are made available by Cybiant for download from the Site. Cybiant retains all rights and title to such Materials, but grants you the limited right to use such Materials for your personal, non-commercial and informational purposes; provided that you do not (a) distribute any such Materials on any networked computer or broadcast such Materials in any media, (b) remove any proprietary notice language from such Materials, (c) make any modification to such Materials, or (d) make any representation or warranty relating to such Materials. Except as expressly provided above, or as specifically permitted elsewhere on the Site, you may not use, reproduce, republish, post, transmit or distribute any Materials.
Cybiant and/or its licensors or suppliers own the Materials, as well as the design, structure, selection, coordination, expression and arrangement of such Materials on the Site, and all intellectual property rights therein and thereto. The Cybiant logos, trademarks, service marks or other business names are the trademarks or registered trademarks of Cybiant Asia Sdn. Bhd. or its affiliates in Malaysia and other jurisdictions (“Trademarks”). All other company and product names may be trademarks or registered trademarks of their respective companies.
2. Your Use of the Site
With respect to your use of the Site you may not, and agree not to:
- use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor the Site or any Materials;
- reproduce or circumvent the navigational structure or presentation of the Site or any Materials to obtain, or attempt to obtain, any materials, documents or information through any means not purposely made available to you through the Site;
- reverse engineer or decompile any software or code accessed through the Site;
- attempt to gain unauthorised access (by hacking, password “mining” or any other means) to (i) any portion or feature of the Site, (ii) any other system or network connected to the Site, (iii) any Cybiant server, or (iv) any of the services offered on or through the Site;
- probe, scan or test the vulnerability of the Site or any network connected to the Site;
- breach the security or authentication measures on the Site or any network or system connected to the Site;
- exploit the Site, or any service or information made available through the Site, in any way, including for the purpose of discovering any third party’s information;
- reverse look-up or trace any information on any other user of or visitor to the Site or any other customer of Cybiant, or otherwise collect, or seek to collect, any private commercial or personal information;
- use the Site to transmit any unauthorised advertising or similar materials (such as junk mail or spam) or to solicit any users of Cybiant’s products or services for commercial purposes;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, Cybiant’s systems or networks, or any system or network connected to the Site or to Cybiant;
- use any device, software or routine in order to interfere, or attempt to interfere, with (a) the proper working of the Site, (b) any transaction conducted on the Site, or (c) any third party’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cybiant on or through the Site. You may not pretend that you are any other individual or entity, or misrepresent your authority to represent any entity;
- solicit the performance of any illegal activity or other activity which infringes the rights of Cybiant or third parties.
3. Passwords and Security
If you are required to complete a registration process to enter a portion of the Site, you will provide us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password to any account that you create and are responsible for any and all activities that occur under your account. You agree to notify Cybiant immediately of any unauthorized use of your account or any other breach of security. Cybiant will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by Cybiant or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
4. Links to Third Party Websites
Links to third party websites on the Site are provided as a convenience to you. Such third party websites are not owned or operated by Cybiant, and Cybiant does not assume any responsibility or liability for any communications or materials available through such third party websites. Cybiant does not intend links on the Site to be referrals or endorsements of the third party entities or their products.
5. Privacy Statement
Cybiant is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy statement at http://www.cybiant.com/privacy-statement/ (“Privacy Statement”). By using the Site, you agree to our Privacy Statement. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
6. Note about Minors
Minors are not eligible to use the Site. We ask that minors do not submit any personal information to Cybiant. By using the Site, you represent that you are at least 18 years old.
7. Export Restrictions/Legal Compliance; International Use
Materials derived or obtained from the Site may be subject to the Malaysian export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall (a) obtain any export, re-export, or import authorisations required by Malaysia or your local laws, (b) not use Materials from the Site to design, develop or produce missile, chemical/biological, or nuclear weaponry, and (c) not provide services, content, or direct product from the Site to prohibited countries and entities identified in the Malaysian export regulations. By choosing to access the Site from any location other than Malaysia, you accept full responsibility for compliance with all applicable local laws.
8. Contact Information
9. Disclaimer of Warranty
The site, materials, or information derived from the site are provided “as is” and “as available” without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement. Cybiant does not warrant that (a) the Site or Materials will meet your requirements, (b) the Site or any portion thereof will be uninterrupted, timely, secure, or error-free or that Cybiant will fix any errors, or (c) that Materials will be accurate, up-to-date or complete.
Use of the Site or any Materials is at your own discretion and risk, and Cybiant is not responsible for any decisions you make based on such use. Cybiant is not responsible for any damage caused to your computer or data, or from any bugs, viruses, Trojan horses or other destructive or harmful code resulting from use of the Site or Materials. Cybiant may make changes to the Materials or the Site, or to any products, services or prices described therein, at any time, with or without notice to you.
The disclaimers above apply to the fullest extent permitted by applicable law. Some countries do not allow exclusion of implied warranties, so some of the above disclaimers may not apply to you. You may also have other legal rights, which vary from country to country.
10. Limitation of Liability
In no event will Cybiant, its affiliates, suppliers, or licensors be liable for any damages whatsoever including, without limitation direct, indirect, punitive, special or consequential damages, or those damages resulting from lost profits, lost data or business interruption arising out of the use, inability to use, or the results of use of the site or materials, whether based on warranty, contract, tort or any other legal theory, or whether or not Cybiant has been advised of the possibility of such damages. if your use of the materials or the site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof, and Cybiant shall not be responsible for cost of any procurement of substitute goods.
11. DMCA Policy
If you believe something on the Site violates your copyright, please provide notice to our copyright agent (identified below). Your notice must include the following information:
- a physical or electronic signature of the owner, or a person authorised to act on behalf of the owner, of the copyright you allege is being infringed;
- a description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- a description of the allegedly infringing material and information sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an e-mail address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, or its agent, or the law; and
- a statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Designated Agent for Notification of Claimed Copyright Infringement:
Attn: General Counsel
Address: Cybiant Asia Sdn. Bhd.
Suite K03, Level 2A
No 10, Jalan Sultan Ismail
14. Forum Terms; User Materials
In addition, you shall not post any material on or through a Forum, or otherwise engage in any conduct in connection with any Forum, that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or which contains explicit or graphic descriptions or accounts of sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including Cybiant and its employees and agents;
- contains any viruses, Trojan horses or other destructive or harmful code, or that could otherwise damage or harm anyone else or their systems; or
- infringes or violates any intellectual property, privacy or other proprietary rights of any other party.
You agree that Cybiant is not liable for any material that is posted by any User of a Forum, whether you find it harmful, inaccurate, offensive or otherwise. We have no duty to pre-screen content, but we have the right to refuse to display, delete or edit submitted material. We reserve the right to remove any material for any reason, but we are not responsible for any failure or delay in removing such material. We do not promise to store or make available on the Site any materials that you or any other User posts for any length of time. You are solely responsible for keeping back-ups of everything that you post on the Site.
If you provide any feedback, recommendations for improvements or features of the Site or any Cybiant products or services, implementation of that feedback or recommendation is owned by Cybiant and may become part of our Site, products and services without compensation to you.
16. Trademark Statements
ITIL® is a registered trade mark of AXELOS Limited, used under permission of AXELOS Limited. All rights reserved. The Swirl logo™ is a trade mark of AXELOS Limited, used under permission of AXELOS Limited. All rights reserved.
17. General Terms