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”).
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED IN THE SUPPORT PORTAL, INCLUDING THE MATERIALS, MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS.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.
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.
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.
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.
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.
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.
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.
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.
Last updated 19 August 2022.