Overview
Welcome to Quantum Iryx Systems. The terms “we,” “us,” and “our” refer to Quantum Iryx Systems. Quantum Iryx Systems operates the quantumiryx.com website and provides related information, content, features, tools, and services in order to inform and serve our customers, partners, and the general public (the “Services”).
The below terms and conditions, together with any policies referenced herein (these “Terms of Use” or “Terms”), describe your rights and responsibilities when you use the Services. Please read these Terms of Use carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you should not use or access the Services. Separate or supplemental terms may apply to specific offerings, including Azure Marketplace Terms for Cassian offers acquired through Microsoft Azure Marketplace.
Section 1 — Access and Account
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence and that you have the authority to enter into these Terms on behalf of yourself or the organization you represent.
To use certain Services, including submitting a briefing request, opening a support case, or accessing gated resources, you may be asked to provide certain information, such as your name, work email, organization, role, and phone number. You represent and warrant that all the information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of any account credentials issued to you and for all activity conducted under those credentials. You may not transfer, sell, assign, or license your account or credentials to any other person.
Section 2 — Our Products and Services
We have made every effort to provide accurate representations of our products and services on our websites and in our documentation. However, product appearance, specifications, or behavior may differ from how they may appear on your screen due to the type of device you use, your device configuration, or product configuration in your environment.
We do not warrant that the appearance, capabilities, or quality of any product will meet your expectations or be identical to descriptions or renderings on the Services.
All descriptions of products, features, and specifications are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the availability of any product or offering to any person, geographic region, or jurisdiction on a case-by-case basis.
Section 3 — Orders, Entitlements, and Marketplace Transactions
Cassian offers may be acquired through Microsoft Azure Marketplace or through other channels made available by Quantum Iryx Systems. When you place an order, you are making an offer to acquire the applicable entitlement. Quantum Iryx Systems reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Quantum Iryx Systems (or the applicable marketplace on our behalf) confirms acceptance.
Marketplace transactions are subject to the applicable marketplace’s policies and to the Quantum Iryx Systems Azure Marketplace Terms, as applicable. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the contact information provided at the time the order was made.
You represent and warrant that your acquisitions are for lawful use by you or the organization you represent and are not for unauthorized commercial resale or export.
Section 4 — Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions. You agree to promptly update your account and other information so that we can complete transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method for the transaction; (iii) charges incurred by you will be honored; and (iv) you will pay charges incurred by you at the posted prices, including any applicable taxes.
Section 5 — Delivery and Availability
For software offers, delivery occurs when the applicable entitlement is provisioned or made available for download or deployment. All availability estimates are estimates only and are not guaranteed. We are not responsible for delays caused by third-party cloud providers, marketplaces, network conditions, customs processing, or events outside our reasonable control.
Section 6 — Intellectual Property
The Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product descriptions, documentation, video, and audio, and the design, selection, and arrangement thereof, are owned by Quantum Iryx Systems, its affiliates, or its licensors, and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for your internal business evaluation and use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent, except as permitted by the fair-use provisions of applicable copyright law. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Quantum Iryx Systems or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Quantum Iryx Systems.
Quantum Iryx Systems, Cassian, Isidore Quantum, and the Quantum Iryx Systems logo, product and service names, designs, and slogans are trademarks of Quantum Iryx Systems or its affiliates or licensors. You must not use such trademarks without the prior written permission of Quantum Iryx Systems. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Section 7 — Optional Tools
You may be provided with access to tools offered by third parties as part of, or in connection with, the Services, which we neither monitor nor have any control nor input over. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
Section 8 — Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to any third-party websites or your acquisition or use of any products, services, resources, or content on any third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
Section 9 — Marketplace Platforms
Where a Cassian offer is acquired through Microsoft Azure Marketplace or another marketplace platform, that platform enables the transaction and provides certain billing, entitlement, and administrative functionality. Any acquisitions and transactions you make are made with Quantum Iryx Systems for the Cassian offer, as further described in the applicable Azure Marketplace Terms. By using the Services and completing a marketplace transaction, you acknowledge and agree that the marketplace is not responsible for the performance of the Cassian software itself.
Section 10 — Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to the privacy policies of marketplace platforms and payment processors that participate in your transaction. By using the Services, you acknowledge that you have read these privacy policies.
Section 11 — Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.
Section 12 — Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, features, pricing, promotions, offers, availability, or documentation. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Section 13 — Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, provincial, or local regulations, rules, laws, or ordinances, including export control and sanctions laws; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Quantum Iryx Systems or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website. We reserve the right to suspend, disable, or terminate your account or access at any time, without notice, if we determine that you have violated any part of these Terms.
Section 14 — Termination
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 15 — Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY QUANTUM IRYX SYSTEMS IN A SIGNED WRITTEN AGREEMENT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH OR REFERENCED ON THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Section 16 — Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL QUANTUM IRYX SYSTEMS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS REFERENCED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
Section 17 — Indemnification
You agree to indemnify, defend, and hold harmless Quantum Iryx Systems and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Use or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
Section 18 — Severability
In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 19 — Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 20 — Assignment
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 21 — Governing Law
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state laws in the jurisdiction where Quantum Iryx Systems is headquartered, without regard to conflict-of-laws principles. You and Quantum Iryx Systems consent to venue and personal jurisdiction in such courts.
Section 22 — Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 23 — Changes to Terms of Use
You can review the most current version of these Terms of Use at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Section 24 — Contact Information
Questions about these Terms of Use should be sent to us at legal@quantumiryx.com. For privacy questions, contact privacy@quantumiryx.com. For Cassian product support, contact cassian-support@quantumiryx.com or visit Cassian Support.