General

Please read these terms of use (the “Terms”) carefully before using the websites of Synacor, Inc. and its subsidiaries (collectively “Zimbra”). By accessing, browsing or using these websites, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics, or photographs) that Zimbra may make available through the websites (collectively, “Materials”) and any services that Zimbra may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “Zimbra Websites.”

Zimbra reserves the right to modify these Terms, or change or remove features of Zimbra Websites. We will notify you of any material change to these Terms by sending you an email or by posting a notice of the modification on Zimbra Websites. If we make a material change, you may terminate this agreement within 30 days of us sending you the email or posting the notification. Your continued use of Zimbra Websites after the date of the modification shall be deemed acceptance of the modified Terms or agreement, as applicable. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Zimbra Websites. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please see the applicable agreement or notice.

These Terms include the Community Participation Terms of Use, and the terms and conditions set forth in the Community Participation Terms of Use are incorporated herein by reference. These Terms, together with any additional terms to which you agree when using particular elements of the Zimbra Websites, constitute the entire and exclusive and final statement of the agreement between you and Zimbra with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Zimbra with respect to such subject matter. These Terms and the relationship between you and Zimbra shall be governed by the laws of the State of Delaware as applied to agreements made, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Zimbra Websites shall be brought in the Federal or State courts located in Dallas, Texas, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Zimbra to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Zimbra and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Zimbra Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Zimbra. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zimbra without restriction.

Use of Software

To the extent that Zimbra provides for the download of proprietary Zimbra software or open source software from Zimbra’s Websites (“Software”), such Software is protected by the applicable copyright, patent, or other intellectual property rights of either Zimbra or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.

All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.

Trademarks

Zimbra reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Zimbra will be collectively referred to as “Zimbra Marks.”

No employee or other representative of Zimbra is authorized to grant permission to use Zimbra Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to Zimbra Marks by a Zimbra employee in the absence of a formal written agreement cannot be relied upon.

The Zimbra Marks are highly valued intellectual property, and therefore Zimbra will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Zimbra Marks or which are likely to cause confusion with Zimbra Marks.

If a formal written agreement licenses one or more of the Zimbra Marks, unless the agreement provides other authorization, the use will be in accordance with the guidelines posted on Zimbra’s Partner Portal.

Zimbra does not object to the use of the Zimbra Marks (other than logos) to refer specifically to the products of Zimbra. However, a purely referential use or nominative fair use of the Zimbra Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.

In the United States, registered Zimbra Marks should be designated by the symbol “®”, while unregistered Zimbra Marks should be identified by a “™” designation. The Zimbra Marks must be used as adjectives, rather than as nouns or verbs.

Linking To Zimbra Websites

Linking to the Zimbra Websites (including an internal or subsidiary page of any website comprising a part of the Zimbra Websites) must be approved in writing by Zimbra, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

• does not utilize content of a Zimbra Website;
• does not utilize a Zimbra logo;
• does not use framing of a Zimbra Website;
• does not misrepresent an affiliation or other relationship with Zimbra;
• does not misrepresent any possible endorsement by Zimbra;
• does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
• is promptly modified to delete the hyperlink upon request by Zimbra.

Copyright

Except where otherwise specified, the contents of the Zimbra Websites are copyright (c) 2017 Synacor, Inc., 40 La Riviere Drive, Suite 300, Buffalo, NY 14202, USA. All rights reserved.

The contents of the Zimbra Websites are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the Zimbra Websites, except as necessary to view the Zimbra Websites.
Please direct any questions or comments to Zimbra at info@zimbra.com