All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on this Site is owned and controlled by Mako Networks and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Mako Networks products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Mako Networks for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link” , “page-scrape”, “robot”, “spider” or other automatic device, programme, algorithm or methodology, or any similar equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Mako Networks reserves the right to bar any such activity.
You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Mako Networks server, or to any of the services offered on or through the Site, by hacking, password “mining” or by any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Mako Networks, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, included but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Mako Networks’ systems or networks, or any systems or networks connected to the Site or Mako Networks.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Mako Networks on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Mako Networks is a registered trademark in New Zealand, Australia, USA, European Union and the United Kingdom.
The trademarks, service marks and logos (“the Marks”) displayed on the Site are the property of Mako Networks or other third parties. You are not permitted to display or use the Marks in any manner whatsoever without the prior written consent of Mako Networks or such other third party which may have other rights to the Marks. Proper usage guidelines for the Marks may be linked to from time to time on the Mako Networks home page. If usage guidelines are available, you must strictly adhere to them.
Member account, Password, and Security
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Mako Networks immediately of any unauthorised use of your account or any other breach of security. Mako Networks will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Mako Networks or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Links to Third Party Sites
Some links will let you leave the Site. The linked sites are not under the control of Mako Networks and Mako Networks is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Mako Networks is not responsible for webcasting or any other form of transmission received from any linked site. Mako Networks is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mako Networks of the site. You will need to make your own independent judgment regarding your interaction with these linked sites.
MAKO NETWORKS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MAKO NETWORKS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MAKO NETWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAKO NETWORKS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MAKO NETWORKS SERVICES. YOU ASSUME TOTAL RESPONSIBILTY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MAKO NETWORKS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay, in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use whether for breach of contract, tort, negligence or any other cause of action.
Mako Networks reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of liability
Except where prohibited by law, in no event will Mako Networks be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Mako Networks has been advised of the possibility of such damages.
You agree to indemnify and hold Mako Networks, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including lawyers’ fees), made against Mako Networks by any third party due to or arising out of or in connection with your use of the Site.
Mako Networks may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Mako Networks rights or property, or the rights or property of visitors to or users of the Site, including Mako Networks’ customers. Mako Networks reserves the right at all times to disclose any information that Mako Networks deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Mako Networks also may disclose your information when Mako Networks determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud prevention purposes.
You agree that Mako Networks may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
You agree that all matters relating to access to or use of the Site, including all disputes will be governed by the laws of New Zealand and you submit to the jurisdiction of the New Zealand courts.