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Please read the following carefully
Please read the following carefully
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 and/or licensed by Attivio, Inc. and 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, "mirrored" on any other server 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. 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. To the extent applicable, you acknowledge that it is your sole responsibility for obtaining any such licenses. See the "Contacting Us" section below if you have any questions about obtaining such licenses.
Use of Software
Ownership of the software that is made available to download from this website ("Software") and all related copyright, patent, trade secret and other proprietary rights are and will remain the exclusive property of Attivio and/or its licensors. Use of the Software is governed by the terms of either the (i) Attivio Evaluation License (the "Evaluation License"), which is available on this website or (ii) if you are an existing customer of Attivio, the Attivio Master Software License and Services Agreement (the "MSA"), which you have previously signed. You will be unable to install any Software unless you agree to the terms of the Evaluation License or have signed an MSA.
Disclaimer of Warranties
THE WEBSITE IS AVAILABLE TO YOU "AS IS" AND ATTIVIO MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE CONTENTS OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ANY INFORMATION, SOFTWARE OR PRODUCTS (INCLUDING THIRD PARTY SOFTWARE AND PRODUCTS), AND SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USEAGE.
Limitation on Liabilities
IN NO EVENT WILL ATTIVIO OR ITS OFFICERS, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS, WHETHER IN AN ACTION UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING USE OF THIS WEBSITE OR THESE USAGE TERMS, INCLUDING WITHOUT LIMITATION: (A) YOUR USE OR INABILITY TO USE THE WEBSITE; (B) YOUR RELIANCE ON ANY CONTENT ON THE SITE; OR (C) ANY CONTENT POSTED BY ANY USER ON THIS SITE; EVEN IF ATTIVIO OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ATTIVIO'S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $50. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Submitting Information to Attivio
Attivio welcomes your suggestions, feedback, ideas, materials, concepts, know-how, techniques 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. You agree that Attivio will not pay you or provide other consideration for your content and Attivio may remove your content at any time. For each item of content posted, you represent that you have all rights necessary for you to make the grants in this section. You agree that your posted content is not confidential, and Attivio may disclose your content as it chooses.
No Unlawful or Prohibited Use
As a condition of your use of this website, you will not use the website for any purpose that is unlawful or prohibited by these Usage Terms. You may not use the website 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. You may not post messages or use the website in a manner that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts or uses vulgar language. You may not post messages that infringes on any patent, trademark, copyright, right of publicity, or other proprietary right, or discloses trade secrets or other confidential information. You may not attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any Attivio server 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 website.
Website as a Venue
This website serves as a venue through which users can discuss, ask questions, share, and learn from each other. Because we are a venue, in the event that you have a dispute with one or more users, you release Attivio (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes. Information, opinions and other content posted on this site are solely those of the member posting such content and are in no way validated, nor endorsed by Attivio. Attivio is under no obligation to pre-screen, monitor, or edit the content posted by users of this site, and assumes no responsibility or liability arising from content provided by any user. Notwithstanding the foregoing, Attivio and its agents have the right at their sole discretion to remove any content that, in Attivio's sole discretion, does not comply with the Usage Terms or is otherwise harmful, objectionable, or inaccurate. Any user who feels that posted content is objectionable is encouraged to contact a moderator via Private Message. Attivio is not responsible for any failure or delay in removing such content.
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 reasonable legal fees, related to your violation of these Usage Terms or your improper 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.
In addition to Attivio’s rights of modification and discontinuance of the website, you agree that Attivio may, under certain circumstances and without prior notice, immediately terminate your access to this website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Usage Terms, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to this site (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in Attivio's sole discretion and that Attivio shall not be liable to you or any third-party for any termination of your access to this site.
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. 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 a breach of this agreement occurred or originated.
If you have any questions regarding these terms or any other matter, you may contact us in writing at Attivio, Inc., 275 Grove Street, Newton, MA 02466 or e-mailing us at firstname.lastname@example.org.