This page was last updated 6 April 2009.

Terms and Conditions

This page contains our full site User Agreement.

This Agreement sets forth the terms and conditions for your use of ‘The Security Website’ (‘the site’; home page: http://www.thesecuritychallenge.com). Your use of this website constitutes your agreement to these terms and conditions. The Agreement (the ‘Agreement’) is between you and PassMark Software Pty Ltd, Suite 202, Level 2, 35 Buckingham Street, Surry Hills, NSW 2010, AUSTRALIA (ACN 099321392). Website http://www.passmark.com

For the purposed of this Agreement, any mention of PassMark Software should be considered to include the company, its directors, its employees and agents. Likewise any mention of CA Inc. includes the company, its directors, its employees and agents.

Your registration as a User indicates your agreement to the terms and conditions set forth here.

The Security Challenge website is a compilation, comparison and presentation of data provided by PassMark Software and sponsored by CA Inc. (formerly known as Computer Associates). Notwithstanding the fact that the site is sponsored by CA Inc., PassMark Software has made all reasonable and honest efforts, to provide an unbiased comparison of CA Inc.’s products versus CA Inc.’s competitors’ products. Information on the products (CA Inc.’s and its competitors’) has been obtained from the product owner’s website, promotional and advertising material, and/or the testing of the product itself. Any errors, mistakes, incompleteness or omissions in the data are not a deliberate, purposeful or malicious act, but rather may be the result of old or incomplete data, or error when entering the data onto the website. Regardless of the reason for the error, mistake, incompleteness or omission, you agree to hold neither PassMark Software nor CA Inc., liable for any direct or indirect loss or damage (see Disclaimer of Warranties and Limitation of Liability below).

Warranties by You (the user of this site)
You agree and warrant that you will not;

  1. use the site for a purpose that is unlawful or prohibited by these Terms of Conditions;
  2. impersonate any person, entity or corporation, or enter a fictitious name or entity name on any form on the site;
  3. collect or store personal data about other users of the site for any purpose;
  4. submit any content that:
    1. infringes the intellectual property rights of any third party;
    2. is unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity;
    3. contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of e-mail;
    4. contains a survey, contest, or pyramid scheme; or
    5. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of the site or another computer; or
  5. engage in any other conduct that inhibits any other person from using or enjoying the site.

Furthermore you acknowledge that:

  1. information contained in or made accessible by the site:
    1. is general in nature and cannot take into account your particular circumstances;
    2. is NOT made available to you or the public as professionally binding advice of whatever nature and PassMark Software has no intention to create an advisor relationship with you; and
    3. represent the views, statements and opinions of the author of any conference paper, article, research paper or other material contained in or made accessible by the site and does not necessarily represent the views, statements, opinion, knowledge or commitment to a particular course of action of PassMark Software;
  2. links to other websites on the site:
    1. are not under the control of PassMark Software and may contain computer viruses;
    2. are inserted for convenience and do not constitute PassMark Software’s endorsement of material at those sites, or any associated organisation, product or service; and
    3. it is your responsibility to make your own investigations, decisions and inquiries about the information retrieved from other websites;
  3. references to the products or services provided by a person or company on the site do not imply any form of endorsement, non-endorsement, support or commercial gain by PassMark Software of the products or services provided by that person or company;
  4. transmission to or from the site may be intercepted, used and modified by third parties; and
  5. you are solely responsible for any content submitted by you to the site.
  6. any content submitted by you to the Site becomes the property of PassMark Software.
  7. information on the site may contain inaccuracies and factual errors, although a reasonable effort will be made to correct or highlight any such errors or inaccuracies that are brought to PassMark Software’s attention.
  8. information on the site may be old, out of date, incomplete or refer to 3rd party products that no longer exist. Where information or opinion is provided on the site regarding 3rd party products, then the user should contact the 3rd party as required to confirm those details are correct at the time of use.

Intellectual Property
PassMark Software owns the copyright for all material presented on this site. This site is protected by Australian and international copyrights in the graphics, design, layout, typography, and expression of information, whether as a compilation or otherwise. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Commercial use of the site, in whole or in part, is forbidden without prior written permission from PassMark Software. The ‘fair use’ provisions of the Copyright Act 1968 (Commonwealth of Australia) as described in Part III are applicable.

Images of packaging, brand names or other identifiable artwork are the copyright of their respective owners. PassMark Software’s use of them on the site is sanctioned under s.41 (Fair dealing for purpose of criticism or review) of the Copyright Act 1968 (Commonwealth of Australia).

PassMark Software is a registered trademark of PassMark Software Pty Ltd. CA Inc. is a trademark of CA Inc. All other trademarks displayed on the site belong to their respective owners and no claim is made on them by PassMark Software.

The site may contain trademarks, patents, technologies, products, processes or other intellectual property rights belonging to PassMark Software and/or other third parties, or references to such trademarks, patents, technologies, products, processes or other intellectual property rights. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of PassMark Software and/or other third parties is granted to or conferred upon you.

Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY PASSMARK SOFTWARE ON AN "AS IS" AND "AS AVAILABLE" BASIS. PASSMARK SOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. PASSMARK SOFTWARE RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PASSMARK SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PASSMARK SOFTWARE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PASSMARK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PASSMARK SOFTWARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN LEGAL JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Validity/Severability
If any of the terms and conditions set forth on this page is deemed invalid, void or for any reason unenforceable, then that specific condition shall be deemed severable and shall not affect the validity and enforceability of all remaining terms and conditions.

Governing Law
By visiting the site, you agree that the laws of the state of New South Wales and the Commonwealth of Australia, without regard to principles of conflict of laws, will govern any and all disputes that might arise between you and PassMark Software.

Changes to these terms and conditions
Changes may be made to these terms and conditions at any time without notice. Your continued use of the website after such a modification constitutes your acceptance of that modification. For this reason, a link to the terms and conditions is provided at the bottom of each page – please check them each time you visit, because you are bound by them if you use this site.

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