VASCO Terms Of Use For The Partner Portal

Download VASCO's Terms and Conditions here

PLEASE CAREFULLY READ THE TERMS OF USE OF THIS AGREEMENT (THE “AGREEMENT”) USING THE VASCO PARTNER PORTAL.
IF YOU ARE A CONSUMER, YOU MAY HAVE CERTAIN STATUTORY RIGHTS THAT CANNOT BE MODIFIED BY CONTRACT. NO PROVISION IN THIS AGREEMENT SHALL HAVE THE EFFECT OF MODIFYING THOSE STATUTORY RIGHTS TO THE EXTENT SUCH MODIFICATIONS ARE EXPRESSLY PROHIBITED BY APPLICABLE LAW.

REDISTRIBUTION NOT PERMITTED.

‘Confidential Information’ means any information which has been either marked as confidential or by its nature has to be understood as confidential.
‘VASCO” means VASCO Data Security, Inc., 1901 South Meyers Road, Suite 210, Oakbrook Terrace, Illinois 60181, USA (if You are located in North, South, Central America or the Caribbean) and/or VASCO Data Security International GmbH, World-Wide Business Center, Balz-Zimmermannstrasse 7, CH-8152 Glattbrugg, Switzerland (if You are located in any other region than North, South, Central America or the Caribbean).
’VASCO Authorized Reseller’ means any Reseller of a VASCO Distributor that accepted the VASCO Reseller Terms and is therefore allowed to resell the VASCO Products.
‘VASCO”, “aXsGUARD”, “DIGIPASS”, “IDENTIKEY”, “‘VACMAN” and other trademarks and service marks are owned by VASCO or its licensors, as defined in Section C of this Agreement, and are used to identify the VASCO Products and/or VASCO Services made available pursuant to the Agreement.

’VASCO Distributor’ means any distributor who has a valid distribution agreement in place with VASCO and is therefore allowed to purchase from VASCO and resell VASCO Products.

‘VASCO Hardware’ means the authentication devices and appliances that VASCO makes generally available pursuant to the Agreement, such as the DIGIPASS tokens, but excluding any computer programs embedded therein.
‘VASCO Products’ means the VASCO Hardware and VASCO Software (as defined below) made available pursuant to this Agreement.
‘VASCO Service’ means the maintenance, support and/or other services made available to you pursuant to a separate agreement with VASCO, excluding any warranty services provided under this Agreement.
‘VASCO Software’ means the machine readable object code version of all computer programs, activation codes and related documentation that VASCO makes generally available pursuant to this Agreement, including all programs embedded in the VASCO Hardware and any patch, fix, update or upgrade provided as part of the VASCO Services or otherwise.

AGREEMENT

THIS AGREEMENT IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN VASCO AND YOU. BY REGISTERING FOR THE PARTNER PORTAL (“PARTNER PORTAL”) AND CLICKING ON THE “I AGREE” BUTTON, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO ITS TERMS. BY ACCESSING OR USING THE PARTNER PORTAL, YOU SIGNIFY YOUR AND YOUR COMPANYS AGREEMENT TO THIS AGREEMENT AND ITS TERMS
IF YOU DO NOT AGREE TO THESE TERMS OF USE, CLICK ON THE “CANCEL” BUTTON AND/OR DO NOT ACCESS OR USE THE PARTNER PORTAL.

ATTENTION: THIS AGREEMENT INCLUDES AND IS LIMITED TO THE RIGHT TO ACCESS AND USE THE PARTNER PORTAL TO THE EXTENT PERMITTET HEREIN. IT DOES NOT PROVIDE FOR A SALE OF ANY VASCO PRODUCTS OR INTELLECTUAL PROPERTY RIGHTS AND IS NOT INTENDED TO TRANSFER ANY INTELLECTUAL PROPERTY RIGHTS TO YOU. THE ACCESS AND USE OF THE PARTNER PORTAL IS UNDER THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF USE”):

  1. Terms of Use
    This website (the “Site”) is owned and operated by VASCO, and is subject to the following Terms of Use. Access to and use of the Site and the information, materials, products and services available through the Site are subject to all applicable laws and to these Terms of Use. By accessing or using the Site, you signify in addition your agreement to the Privacy Statement.

    You acknowledge and agree that it is your responsibility to ensure that the company on whose behalf you are acting is aware and compliant with these Terms of Use.
  2. Accessing rights of the Partner Portal
    After your acceptance of these Terms of Use, your request for access to the Partner Portal will be sent to VASCO. If your request has been approved by VASCO, you will receive a DIGIPASS token to access the Partner Portal.
    You herewith acknowledge and agree that it is in VASCO’s discretion to determine whether or not you will receive access to the Partner Portal.
    You as the recipient of such VASCO DIGIPASS token are fully responsible for the use of your DIGIPASS token and the access and use of the Partner Portal with your DIGIPASS token.
    You are responsible for maintaining the confidentiality and security of any usernames and the DIGIPASS token associated with any account you use to access the Site, for monitoring all activity under the account, and you agree to assume full responsibility for all activities that occur under your account (unless such activities result from a security breach for which VASCO is responsible). You may not disclose or share your username and DIGIPASS token with any third parties or use them for any unauthorized purpose. If you become aware of any unauthorized use of your DIGIPASS token or your account, you agree to notify VASCO immediately at the email address or phone number provided for notice in the Privacy Statement.

  3. Ownership, Copyright, and Trademark Notices
    All information, content, text, graphics, design, compilation, selection and arrangement of elements, organization, software, and other content that make up the Site (“Materials”) are the property of VASCO or its licensors. You acknowledge that certain Materials available on the Site are protected by copyright, trademark, patent, or other intellectual property rights of VASCO and its licensors. Except as expressly provided, nothing within the Site or Materials shall be construed as conferring any license under any of VASCO’s or its licensors' intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You do not acquire any ownership rights to any Materials on the Site.
    VASCO grants you a limited, personal, nontransferable, nonsublicensable, revocable license to access and use the Site and Materials only in the manner presented by VASCO and as expressly permitted by VASCO. Except as expressly provided herein or as otherwise permitted by mandatory provisions of applicable law, you agree that you will not copy, reproduce, alter, reverse engineer, modify, create derivative works, broadcast or publicly display any Materials from the Site without the prior express written permission of VASCO. Notwithstanding the foregoing sentence, you may download and use any Material expressly designated by VASCO as downloadable for your commercial or non-commercial use only, provided you keep intact all copyright and other proprietary notices and subject to additional applicable terms, if any. Any material expressly marked as “for your internal use only” shall be treated as Confidential Information and can not be share with any one else except the employees of your company who have a need to know. You are responsible to ensure that anyone receiving such Confidential Information is aware of the confidentiality and is compliant. Any other use of the Materials for any other purpose is a violation of these Terms of Use and VASCO's or its licensors' copyright and other intellectual property rights. Use of any such Material on any other web site or networked computer environment is strictly prohibited.

  4. Trademarks, Service Marks, and Trade Names
    All trademarks, service marks, and trade names appearing in the Site are the property of VASCO or the respective owners of such marks or names, and are protected by U.S. and international copyright and trademark laws. You agree not to defame or disparage VASCO and its trademarks, service marks, and trade names, or any other aspect of the Site or the Materials. Any use of any of the trademarks, service marks, or trade names appearing throughout the Site without the express written consent of VASCO or the owner of the mark or name, as applicable, is strictly prohibited. Any rights not expressly granted in these Terms of Use are reserved.

  5. Spidering, Monitoring, and Interference
    You agree you will: (1) not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Site or the Materials contained herein without the prior express written permission of VASCO; (2) not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; and (3) not take any action that imposes an unreasonable or disproportionately large load on VASCO’s infrastructure.

  6. Use of your Name and Logo
    You herewith grant VASCO the limited right to list your and / or your company as a VASCO authorized reseller and to use your and/ or your company’s name and logo for this list on this Partner Portal only.
    If you disagree with the mentioning of your and/ or your company’s name and logo, please send an email to extranet@vasco.com.

  7. User Communications
    Any material, information or other communication You transmit or post to the Site will be considered non-confidential and non-proprietary ("Communications"). VASCO will have no obligations with respect to the Communications. VASCO and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the Site any Communications that violate any intellectual property right of a third party, or that is unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any state, federal, or international law.

    VASCO may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. VASCO, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any Communications posted to the Site that in the sole opinion of VASCO violates community standards, may be removed and the account of the poster may, at VASO’s discretion, be revoked or suspended.

  8. Product Downloads
    All products sold as a result of accessing the Site and all products accessed or downloaded will be subject to any accompanying terms unless otherwise agreed by VASCO. You agree that the prices, configurations and availability of the VASCO products may be subject to change by VASCO at any time.

  9. Links to other Internet Sites
    The Site may contain links to other Internet websites and services that are operated and maintained by third parties. You acknowledge, understand and agree that VASCO, to the extent permitted by law, will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other websites.

  10. Links to the Site or Materials
    Any link to this Site without VASCO’s written permission is prohibited. Linking to any page of the Site other than to through a plain text link is strictly prohibited at all in the absence of a separate linking agreement with VASCO. Authorization by VASCO to link to the Site is given without assumption of liability by VASCO relating to such links, and VASCO hereby disclaims any such liability. We reserve the right to withdraw any authorization to link to the Site at any time and for any reason. Any web site or other device that links to or any page available therein is prohibited from (a) replicating Materials, (b) using a browser or border environment around the Materials, (c) implying in any fashion that VASCO or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with VASCO or any of its affiliates, (e) presenting false information about VASCO products or services, and (f) using any logo or mark of VASCO or any of its affiliates without express written permission from VASCO. Anyone providing access to, or information relating to this Site, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in any liability on the part of VASCO.

  11. Changes
    VASCO reserves the right to modify, suspend, or discontinue any portion of the Site and Materials, or otherwise disable your access to all or a portion of the Site, at any time, with or without notice. You agree that VASCO shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site. VASCO reserves the right to modify any part of these Terms of Use at any time. Any modifications shall be effective upon posting to the Site. You agree to review these Terms of Use periodically so that you are aware of any such modifications. Your continued use of the Site after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use. If, at any time, the Terms of Use are not acceptable to you, you should immediately cease use of the Site. You agree that the above-stated standard for notice of modifications is reasonable.
  12. WARRANTY DISCLAIMER
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE MATERIALS IT CONTAINS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VASCO DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY VASCO, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. VASCO DOES NOT WARRANT THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT VASCO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
    VASCO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE SITE AND THE MATERIALS; (2) YOUR USE OF THE SITE OR MATERIALS; OR (3) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEB SITE YOU MAY ACCESS THROUGH THE SITE. THE MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS OR UNDERTAKINGS, SO THE ABOVE EXCLUSIONS ARE PROVIDED TO THE EXTENT PERMITTED BY LAW AND SOME MAY NOT APPLY TO YOU.

  13. LIMITATION OF LIABILITY
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VASCO, ITS SUPPLIERS, OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, INTEREST OR BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY'S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE SITE, THE MATERIALS IT PROVIDES, OR ANY OTHER HYPERLINKED WEB SITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF VASCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH VASCO, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED US $100. THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSION AND LIMITATION IN THE PRIOR PARAGRAPH.
  14. Indemnity
    You agree to indemnify and hold harmless VASCO, its suppliers and licensors, their respective officers, directors, employees, agents, and affiliates, and each of them from any third-party claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorneys' fees) arising out of or related to your use of the Site or any Materials it contains; your failure to comply with these Terms of Use; your infringement, violation, or misappropriation of any third party rights or any applicable law or regulation.
  15. General
    VASCO's performance of these Terms of Use is subject to existing applicable laws and legal process, and nothing contained in these Terms of Use shall derogate VASCO's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by VASCO with respect to such use. We may provide notices to you via postings on the Site, via email or via any other means of communication for which you have provided contact information. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by VASCO shall be deemed a further or continuing waiver of such provision or any other provision, and VASCO’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, and replace all prior or contemporaneous communications, oral or written.

Effective Date: January 2010