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Borderware Security Network
Terms of Service

By using Borderware Security Network ("BSN") you agree to be bound by the following terms and conditions (the "Terms of Service"):

1.    Use
BSN Alerts are made available for your internal use only. You may not submit bulk requests and you shall not sell, publish or display any information received from Borderware in connection with BSN Alerts for commercial gain.

2.    Personal Data
Information contained within BSN Alerts contains no personal data, and Borderware operates BSN in accordance with applicable EU and Canadian data protection legislation.

3.    Changes In Terms of Service
Borderware may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. Borderware reserves the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

4.    No Warranty
Bordeware disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information contained in BSN Alerts. Borderware further disclaims any responsibility for any harm resulting from accessing, relying or sharing with third parties any information contained in BSN Alerts.

THE BSN ALERT SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. BORDERWARE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BORDERWARE DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE BSN ALERT SERVICE. BORDERWARE DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE BSN ALERT SERVICE.

5.    Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BORDERWARE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE BSN ALERT SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF BORDERWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE BSN ALERT SERVICE, FROM INABILITY TO USE OR ACCESS THE BSN ALERT SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BSN ALERT SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE BSN ALERT SERVICE OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BSN ALERT SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

6.    Force Majeure
Without limiting the foregoing, under no circumstances shall Borderware be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

7.    Governing law
These Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

8.    Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Borderware.

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