FOEX Support Portal Terms of Use

In the event that you are accessing this Support Portal during your paid support period, your access will continue to be governed by the agreement between you and FOEX GmbH until your paid support period has lapsed. Once your paid support period expires, these Terms of Use will apply.

1. Introduction

By using this FOEX GmbH (“FOEX”) support web-based technical support service (“Support Portal”), you agree to the following terms and conditions (“Support Portal Terms of Use”). These terms supplement the terms of any agreement that you may have with FOEX, but solely with respect to the Materials provided through any FOEX Support Portal. In the event of a direct conflict between these terms and any other agreement you may have with FOEX, the terms below will control your use of and access to the Support Portal, except with respect to software or other materials that are licensed to you under separate open source or third party terms (“Separately Licensed Technology”). Nothing in these Support Portal Terms of Use is intended to limit or otherwise control your use of any such Separately Licensed Technology.

Through the Support Portal, you may have access to various programs, software, web-based tools, and other materials made available by FOEX now and in the future, including but not limited to: bulletins, white papers, and other technical publications; information on product certification, product availability, and product desupport; any bug database; service requests that you have submitted; software patches; bulletin board and forum messages; and hyperlinks to web sites not controlled by FOEX (the “Materials”).

You agree that access to the Support Portal, including access to the service request function, will be granted only to your designated support contacts and that, except for any Separately Licensed Technology, the Materials you obtain through the Support Portal may be used only in support of your authorized use of the FOEX products and/or cloud services. Except as specifically provided in your agreement with FOEX or in a license for any Separately Licensed Technology (i) the Materials may not be used to provide services for or to third parties, and (ii) the Materials may not be shared with or accessed by third parties, except for your agents or contractors acting on your behalf. You shall be responsible for your agents and/or contractors’ use of the Support Portal and for their compliance with these Support Portal Terms of Use. You agree that you will not download Materials from the Support Portal unless you reasonably believe that the Materials will be used within 90 days for support of your authorized use of the FOEX products and/or cloud services. For example, you agree that you will not download Materials from the Support Portal in languages and for operating systems you do not use and do not reasonably believe you will use within 90 days. You further agree that you will not download from the Support Portal more than 500 files per day. You agree that you will not access or use the Support Portal in any manner that could damage, disable, overburden, impair, or otherwise result in unauthorized access to or interference with, the proper functioning of any FOEX accounts, systems, or networks. For example, you may not use any software routines commonly known as robots, spiders, scrapers, or any other automated means to access the Support Portal or any other FOEX accounts, systems, or networks.

2. Warranties and Disclaimers

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED IN THE SUPPORT PORTAL, INCLUDING THE MATERIALS, MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED IN THE SUPPORT PORTAL, INCLUDING THE MATERIALS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. FOEX DOES NOT WARRANT THAT THE INFORMATION IN THE MATERIALS IS UP TO DATE OR ERROR-FREE, NOR DOES IT PROVIDE ANY OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED IN LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE MATERIALS ARE NOT A PROGRAM OR DOCUMENTATION UNDER THE TERMS OF YOUR AGREEMENT(S) WITH FOEX.

IN NO EVENT SHALL FOEX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SUPPORT PORTAL OR ANY OTHER HYPERLINKED WEB SITE.

FOEX RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SUPPORT PORTAL, THE MATERIALS, AND/OR THE PRODUCTS OR PROGRAMS DESCRIBED IN THE SUPPORT PORTAL AT ANY TIME WITHOUT NOTICE.

3. Confidentiality

Except for information in web sites controlled by third parties that are accessible via hyperlinks from the Support Portal, the information contained in the Materials is the confidential proprietary information of FOEX. You may not use, disclose, reproduce, transmit, or otherwise copy in any form or by any means the information contained in the Materials for any purpose, other than to support your authorized use of the FOEX product and/or cloud services, without the prior written permission of FOEX. FOEX will take reasonable measures to keep third parties from obtaining unauthorized access to service requests that you submit using the Support Portal; however, FOEX does not guarantee that third parties will not have access to any information, comments, feedback, or materials that you submit to FOEX through or in association with the Support Portal.

4. Forums and Hyperlinks

The Support Portal may contain newsgroups, forums, bulletin boards, or other public forums (“Forums”). FOEX does not endorse (and has not necessarily reviewed) any communication made by any person (including FOEX employees) in any Forum. The Support Portal may contain hyperlinks to web sites controlled by parties other than FOEX. FOEX is not responsible for and does not endorse the contents or use of these web sites.

5. Export Compliance

Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Materials. You agree that such export laws govern your use of the Materials, and you agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that none of the Materials obtained through your use of the Support Portal (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

6. Materials and Support Portal Terms of Use Subject To Change Without Notice

The contents of the Materials are subject to frequent change without notice. As well, the Support Portal Terms of Use may change without notice, and you agree to abide by the Support Portal Terms of Use in effect each time that you access the Support Portal.

7. Right to Revoke and Monitor Access

FOEX retains the right to revoke access to the Materials at any time for any reason. Access to the Support Portal may be monitored by FOEX.

8. Reservation of Rights

The Support Portal and content provided on or through the Support Portal are the intellectual property and copyrighted works of FOEX or a third party provider. All rights, title and interest not expressly granted with respect to the Support Portal and content provided on or through the Support Portal are reserved.

9. Indemnity

You agree to indemnify and hold harmless FOEX, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content (Materials and other information, content and services are collectively referred to as "Content”) that you upload, share, post, publish, transmit, or otherwise make available, your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Support Portal or Content provided on or through the Support Portal, or your violation or infringement of any third party rights, including intellectual property rights.

10. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 2 AND 10, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

11. Applicable Laws

All matters relating to your access to, and use of, the Support Portal and Content provided on or through or uploaded to the Support Portal shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Support Portal or Content shall be instituted in a state or federal court in San Francisco or Santa Clara County, California. You and FOEX agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

12. Bridging Language

You acknowledge that Oracle Corporation (“Oracle”) has, directly or indirectly, acquired FOEX and as part of the integration process Oracle is consolidating and reorganizing the FOEX subsidiary. You acknowledge that, once such legal combinations are completed, in all cases where there is a reference to FOEX in this Agreement, an Oracle affiliate will fulfill these obligations and possess these rights as successor in interest to FOEX.