ATTIVIO, INC.

TERMS OF USE

 

AGREEMENT BETWEEN USER AND ATTIVIO

The Attivio, Inc. (Attivio) Website is composed of various web pages operated by Attivio. “Attivio Website” shall be defined herein to include attivio.com and all other web pages operated or hosted exclusively by Attivio (“Services”).

The Attivio Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Attivio Website constitutes your agreement to all such terms, conditions and notices.

MODIFICATION OF THESE TERMS OF USE

Attivio reserves the right to change the terms, conditions, and notices under which the Attivio Website is offered in our sole discretion, including but not limited to the changes associated with the use of the Attivio Website. Your continued use of the Attivio Website following the posting of revised Terms of Use means that you accept and agree to the changes.

You may not use the Attivio Website and may not accept the Terms of Use (“Terms”) if you are a person barred from using services that Attivio provides under the laws of any country in which you are resident or from which you use the Services.

Attivio reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user's confidentiality.

LINKS TO THIRD PARTY SITES

The Attivio Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Attivio, and Attivio is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Attivio is not responsible for webcasting or any other form of transmission received from any Linked Site. Attivio is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Attivio of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Attivio Website, you warrant to Attivio that you will not use the Attivio Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Attivio Website in any manner, which could damage, disable, overburden, or impair the Attivio Website or interfere with any other party's use and enjoyment of the Attivio Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Attivio Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.

PASSWORDS AND ACCOUNT SECURITY

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Attivio for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Attivio immediately support@attivio.com. You agree to not share access to the Attivio Website.

USE OF COMMUNICATION SERVICES

The Attivio Website may contain bulletin board services, chat areas, news groups, forums, commentary services, communities, personal web pages, calendars, membership directory, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with an individual, the public at large or with a group. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. To use the Communication Services you represent and warrant that you are at least of 18 years of age.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Advertise or offer to sell or buy any goods or services for any business purpose;
  • Solicit for any open jobs or positions, either temporary or permanent, or make any other type of solicitation Attivio deems to be inappropriate;
  • Use Communication Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Harvest or otherwise collect information about others, including email addresses, without their consent;
  • Interfere with or disrupt the integrity or performance of the Communication Services, any portion or contents thereof, or related systems or networks;
  • Use the Communication Services in any way which degrades their reliability, speed or operation, or their underlying hardware or software;
  • Restrict or inhibit any other user from using and enjoying the Communication Services;
  • Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service;
  • Violate any applicable laws or regulations.

Attivio has no obligation to monitor the Communication Services. Attivio cannot verify the accuracy of statements that users make or place on or through the Communication Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms.

All comments, concerns and notices of violations of these Terms of Use can be made to legal@attivio.com. If you have a concern about copyright ownership to any information posted on Attivio’s website, please refer to the DMCA provisions below.

However, Attivio reserves the right to:

  • Review materials posted to a Communication Service and to remove or edit any materials in its sole discretion, including those in violation of these Terms.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Attivio Website.
  • Change, terminate or suspend the Communication Services, any features of the Communication Services, and any content or materials contained in the Communication Services, in any way, at any time and for any reason or no reason. Attivio also has the right to require you to cease accessing any features, content or materials of the Communication Services.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Attivio does not control or endorse the content, messages or information found in any Communication Service and, therefore, Attivio specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Attivio Members are not authorized Attivio spokespersons, and their views do not necessarily reflect those of Attivio.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

TERMINATION/ACCESS RESTRICTION

Attivio reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the Attivio Website and the related services or any portion thereof at any time, without notice.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ATTIVIO WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ATTIVIO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE ATTIVIO WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE ATTIVIO WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ATTIVIO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ATTIVIO WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ATTIVIO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATTIVIO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ATTIVIO WEBSITE, WITH THE DELAY OR INABILITY TO USE THE ATTIVIO WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ATTIVIO WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ATTIVIO WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ATTIVIO (OR ANY OF ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ATTIVIO WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ATTIVIO WEBSITE.

INDEMNIFICATION

Except as prohibited by law, you will hold Attivio and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICES

You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Attivio may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.

Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:

 

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest

A description of the copyrighted work or other work that you claim has been infringed

A description of where the material that you claim is infringing is located on our sites, networks or other repositories

Your address, telephone number, and email address

A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Our Designated Agent for notice of claims of copyright infringement can be reached as follows:

 

Legal Department

Attivio, Inc.

275 Grove Street, Newton, MA 02466

Attn: General Counsel

If the disputed materials were posted by a third party identifiable through reasonable efforts, Attivio will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, Attivio will provide you with a copy so that you may take any other steps you may consider appropriate.

INTERNATIONAL USERS

Attivio makes no claims regarding access or use of the Website or Attivio content outside of the United States. If you use or access the Website or Attivio content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

PRIVACY AND PERSONAL INFORMATION

For information about Attivio data protection practices, please read Attivio’s Privacy Policy. This policy explains how Attivio treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Attivio’s Privacy Policy. If you become aware of any unauthorized use of your password or of your account, you agree to notify Attivio immediately at support@attivio.com.

PERPETUITY RIGHTS

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Attivio have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.

ADVERTISEMENT

Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Attivio on the Services are subject to change without specific notice to you.

COPYRIGHT

All contents of the Attivio Website are: Copyright 2016 by Attivio and/or its suppliers. All rights reserved.

TRADEMARKS

All Attivio trademarks are strictly owned by Attivio, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any Attivio trademark without written authorization from Attivio.

The names of actual companies and products mentioned within the Attivio Website may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

SOFTWARE LICENSE AGREEMENT

The use of any software downloaded or accessed via the Attivio Website shall be governed by the terms of Attivio’s Software License Agreement.

GENERAL LEGAL TERMS

The Terms constitute the whole legal agreement between you and Attivio and govern your use of the Services (but excluding any services which Attivio may provide to you under a separate written agreement), and completely replace any prior agreements between you and Attivio in relation to the Services.

You acknowledge and agree that the form and nature of the Services, which Attivio provides, may change from time to time with or without prior notice to you.

As part of Attivio’s continuing innovation, you acknowledge and agree that Attivio may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Attivio’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Attivio when you stop using the Services.

You acknowledge and agree that if Attivio disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

Unless you have been specifically permitted to do so in a separate agreement with Attivio, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Attivio has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Attivio may suffer) of any such breach.

You acknowledge and agree that while Attivio may not currently have set a fixed limit on the number of transmissions you may send, receive or store/manage through the Services, such fixed limits may be set by Attivio at any time, at Attivio’s discretion.

You agree that if Attivio does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Attivio has the benefit of under any applicable law), this will not be taken to be a formal waiver of Attivio’s rights and that those rights or remedies will still be available to Attivio.

Unless Attivio has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Software. This means also that you shall not share your password or member access with non-members or ineligible members.

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Attivio have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.

If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or Attivio (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the Boston, Massachusetts and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the Commonwealth of Massachusetts. The arbitration requirement does not apply to requests for injunctive relief.

Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both Parties each waive any right to a jury trial. Parties both agree that either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

The Terms, and your relationship with Attivio under the Terms, shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of laws provisions. You and Attivio agree to submit to the exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Attivio shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.

These Terms are effective as of 22 February 2016.