PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS (THE “USAGE TERMS”). IF YOU DO NOT ACCEPT THESE USAGE TERMS, THEN DO NOT USE THIS WEBSITE. THIS WEBSITE AND THESE USAGE TERMS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
Use of Website
The materials contained on this website (including, but not limited to, the design, artwork and other elements of the website and any text, audio, video, logo, information, data, software, documentation, services or any other materials contained on the website) are owned or licensed by Attivio, Inc. or its third party providers and are protected by copyright and trademark law, international treaties, and other intellectual property rights. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Attivio. Also, you may not “mirror” any materials contained on this website on any other server without Attivio’s prior express written permission.
Except where expressly provided otherwise by Attivio, nothing on this website shall be construed to confer any license, offer for license or sale, or right to use under any of Attivio’s or any third party provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Contacting Us” section below if you have any questions about obtaining such licenses. Materials provided by third party providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Attivio and as such, Attivio makes no warranty with respect to its contents.
You may view, download, print, and copy materials on this website for your own personal, informational, non-commercial use, provided that (i) you do not modify the materials, (ii) any copies that you may make must be marked "Copyright © Attivio, Inc. All rights reserved.", (iii) you retain all copyright and proprietary notices originally contained in the materials on any copies, and (iv) the use of such materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain. You may not use, reproduce, display, transmit, or distribute any materials contained on this website for any commercial purpose. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed materials.
Use of Software
Any software that is made available to download from this website ("Software") is the copyrighted work of Attivio and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the "EULA"). An end user will be unable to install any Software that is accompanied by or includes a EULA, unless he or she first agrees to the EULA terms. The Software is made available for download solely for use by end users according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE EULA. EXCEPT AS MAY BE WARRANTED IN THE EULA, INTERVALZERO HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Any Software which is downloaded from this website for or on behalf of the United States of America, its agencies and/or instrumentalities (”U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs ©(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable.
You may have access to Confidential Information of Attivio through this website. You agrees not to disclose any Confidential Information to a third party without Attivio’s prior written consent. “Confidential Information” includes without limitation: (a) all intellectual property, including, without limitation, all software, technology, programming, technical specifications, materials, guidelines and documentation; (b) any financial information (including pricing), business information, including, without limitation, operations, planning, marketing interests, products and any other reporting information; and (c) any other information designated as “Confidential” or an equivalent designation or that would otherwise be reasonably considered confidential or proprietary given its nature. Confidential Information does not include information that has become publicly known through no breach by you of these confidentiality obligations or information that has been rightfully received from a third party without a breach of confidentiality by such third party; or required to be disclosed by law or by a governmental authority.
Submitting Information to Attivio
Attivio welcomes your suggestions, feedback, ideas, materials, concepts, know-how, tecniques and comments (“Ideas”). Please note that any Ideas sent to Attivio will be deemed not to be confidential. By sending Attivio Ideas, you grant Attivio a worldwide, non-exclusive, transferable, sublicensable, royalty-free, fully paid up and perpetual right and license under all of your rights to make, have made, use, sell, offer for sale, import, export, copy, reproduce, communicate, transmit, distribute, produce, create derivative works of, adapt, display (publicly or otherwise), perform and otherwise exploit and commercialize without any limitation or restriction any such Ideas.
Member Account, Password, and Security
If any of the services available on this website (the “Services”) requires you to open an account, you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. 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 Attivio immediately of any unauthorized use of your account or any other breach of security. Attivio 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 Attivio 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.
No Unlawful Or Prohibited Use
As a condition of your use of this website and of the Services, you will not use the website and/or any Services for any purpose that is unlawful or prohibited by these Usage Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair any Attivio server, or the network(s) connected to any Attivio server, or interfere with any other party's use and enjoyment of this website and/or any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Attivio server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Exclusion of Warranties
Attivio makes no warranties as to the accuracy or currency of the information, software or products contained on this website. THIS WEBSITE IS AVAILABLE TO ALL USERS "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Attivio makes no representations, warranties or undertakings that this website will be free from defects, including, but not limited to viruses or other harmful elements. This website may contain inaccuracies or typographical errors.
Limitation of Liability
IN NO EVENT WILL ATTIVIO BE LIABLE TO ANY PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF INTERVALZERO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity and Release
You agree to indemnify, release and hold Attivio, including its officers, directors, agents, representatives and employees, harmless from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Usage Terms or your access or use of this website or any of the information, materials, products or services available through this website.
Modification and Discontinuation
Attivio reserves the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this website (or any portion thereof) and/or the information, materials, products and/or services available through this website (or any part thereof) with or without notice. You agree that Attivio shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this website.
These Usage Terms contain the entire understanding between you and Attivio with respect to this website and no representation, statement, inducement oral or written, not contained herein shall bind any party to these Usage Terms. Should any part of these Usage Terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these Usage Terms had been eliminated. Attivio’s failure to enforce any provision of these Usage Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Law & Jurisdiction
These Usage Terms are made under U.S. law and this website is operated from Newton, Massachusetts. Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website. Attivio makes no representation that the information contained herein is appropriate or available for use in any location. You agree that the courts of Boston, Massachusetts shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this website and these Usage Terms, and that the laws of the Commonwealth of Massachusetts shall govern such dispute or claim. However, Attivio retains the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Attivio respects the privacy of its users. We sometimes collect information during your visits to understand what differentiates you from each of our millions of other users.
What Information is Collected
Attivio collects certain information from and about its users in two ways-directly from the user and from our web server logs. User-supplied information: When you submit a form we may ask you for your name, email address and some other personal information. The more accurate information you volunteer, the better we are able to customize your Attivio experience.
When you visit an internet website, you disclose certain information about yourself, such as your internet [Protocol] (IP) address, the time of your visit and the referring location (e.g., the site or page that offered a link to a JumpFly page). Attivio, like many other sites, records this basic information about visits to its site. You should remember that whenever you voluntarily disclose personal information online, your information can be collected and used by others. Although Attivio tries to protect your personal information, Attivio cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. You are also solely responsible for maintaining the secrecy of any passwords you set up and/or any account information.
How and When Information is Used
We use information in different ways, depending on the type of information. User-supplied information: This information is used for purposes such as personalization and verification. Web server logs: This information helps us identify which areas of our site are of interest to our visitors. Attivio also collects the internet [Protocol] (IP) addresses of its visitors for the purposes of system administration.
Third Party Vendors and Cookies
How We Protect Your Information
The privacy and protection of your personal information is vitally important to us. Attivio does not make personal information available to any third parties without your permission. Any user statistics that we may provide to prospective partners regarding your Attivio usage are provided in the aggregate only and do not include any personally identifiable information about any individual user.
Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. Accordingly, despite our efforts to protect your personal information, Attivio cannot ensure or warrant the security of any information you transmit to us, or to or from our online products or services. You transmit all such information at your own risk. However, once we receive your transmission, we make our best effort to ensure its security on our systems.
Who Has Access to the Information
Except as described, Attivio will not willfully disclose any individually identifiable information about its users to any third party without first receiving that user's permission. Attivio may disclose personal information when we believe in good faith that the law requires it or to protect the rights or property of Attivio.
Last updated: 5/2011