TIBCO SOFTWARE INC. AND ITS AFFILIATES ("TIBCO", "WE" OR "US") PROVIDE THIS WEBSITE TO YOU, SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN TIBCO AND YOU, AND YOU ACCEPT THEM BY USING OUR WEB SITE LOCATED AT THE URL HTTP://WWW.TIBCO.COM AND/OR ANY OTHER SITE PROVIDED BY US (COLLECTIVELY, THE "SITE"); AND/OR ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
TIBCO Software Inc.: Our Services to You
We are a leading enabler of real-time business and the world's largest independent business integration software company. The Site offers access to products, support, services, downloads, including documentation downloads, a knowledge repository, information about special events, and user forums. The Site is intended for use by customers, partners and guest users.
Modifications to Terms and Additional Terms
Acceptance of the Terms
Your use of the Site is your acceptance of the Terms. If you do not agree to all the Terms, do not use the Site or any services offered on the Site. You may not use the Site or accept the Terms if: (a) you are not of legal age to enter into a binding contract; or (b) you are a person prohibited by the laws of the United States of America or any other country from receiving the services on the Site, including export and import control laws.
Restrictions On Use Of The Site And Its Content
The Site is owned and operated by us. All materials appearing on the Site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of us and our licensors.
You agree to use the content of the Site only for your personal use and for no other purpose.
We authorize you to download and print documents and portions of documents, including but not limited to information published by us on the Site and expressly labeled as "downloadable", solely for internal viewing and browsing purposes. However, any technical information that you download is also governed by the terms and conditions of your written software license agreement or partnership agreement with TIBCO, whichever is applicable.
White papers may be distributed only in connection with the furtherance of TIBCO business in connection with your partnership with TIBCO. Any other copying, modification, reproduction, performance, display, incorporation into any other Web site or other work, mirroring the Site, redistribution, retransmission or publication of any downloaded material is strictly prohibited without our express written consent.
You agree not to change or delete any copyright, trademark or other proprietary notices from any copy of these documents which you download or print.
You must give us prior written notice if you wish to link any other web page, etc. to our Site. Such notice should be sent to firstname.lastname@example.org. We reserve the right to refuse anyone permission to link to our Site, for any or no reason.
Accounts and Registration
You acknowledge and agree that, when you elect to access or use certain services on the Site that require registration, in consideration for your use of such services, you will: (a) provide complete and accurate information about yourself in the required fields in any registration forms and (b) promptly update such information to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that the information not true, accurate, current, or complete, we may suspend or terminate your account and/or refuse any current or future use of the Site, including any services.
As part of the registration process for certain services, you will receive a password and account designation. You agree to keep the password confidential, and acknowledge that you are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements concerning your password and account usage.
You agree that you will not misuse or abuse account access and passwords, including, without limitation, giving access to third parties or allowing third parties to gain access to information from the Site through you. You agree not to use the Site or any content contained in it for any illegal or inappropriate activities.
We may or may not elect to pre-screen, monitor or edit the content posted by users of services, forums, chat rooms, message boards, newsgroups, software libraries or other interactive services that may be available on or through the Site. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content.
You acknowledge and agree that TIBCO may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TIBCO, its customers and the public.
You acknowledge and agree that we reserve the right, in our sole discretion, to terminate accounts that are inactive for an extended period of time, and that such period of time may be determined in our discretion.
Access and Provision of Services
You agree that we may stop providing all or any portion of the Site (including any services and any features within the services) to you or to all users at our sole discretion, without any prior notice to you. You may stop using the Site, including any services, at any time and need not provide any notice to us that you have stopped such use.
You agree that if we disable access to your account, you will be prevented from using certain portions of the Site, including certain services, and you may be denied access to any information, including files, contained in your account.
You agree that we may limit, at our sole discretion, the nature, level, or quantity of your access to the Site, including the number of transmissions you may send or receive, the amount of storage space you may use, and the bandwidth you may use, all without any prior notice to you.
You acknowledge and agree that your access to the Site, including any services, will not necessarily be uninterrupted, timely, secure, or error-free.
You agree not to copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of the Site, including any services included on the Site. You agree not to offer any services on the Site on an application service provider ("ASP") or time-sharing basis.
Rules of User Conduct
By posting information in or otherwise using any communications service, forum, message board, newsgroup, software library or other interactive service that may be available to you on or through the Site, you agree that you will not upload, post or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data or other information – that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy (including stalking), tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates these Terms or Privacy Statement;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
- contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- interferes with or disrupts our services or servers or networks connected to the Site;
- intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- collect or stores personal data about other users; or
- impersonates any person or entity, including any employee or representative of us or otherwise misrepresents your affiliation with a person or entity.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data and software exported from the United States and the export and import laws of the country in which you reside.
You agree to indemnify and hold TIBCO, and its subsidiaries, affiliates, officers, agents, licensors, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another.
No Advice or Recommendations
The Site offers information, tools and resources to provide a better understanding of our products and services to customers, potential customers, partners and other affiliates. We do not provide business advice through the Site or through any services offered on the Site, including but not limited to, any return-on-investment information, white papers, etc.
While we endeavor to provide the most accurate, up-to-date information available, the services, directories and information contained in the Site may, at times, contain technical inaccuracies or typographical errors, and may be changed or updated without notice. We cannot guarantee that the services, content or other information provided through the Site will be accurate or up-to-date. We reserve the right without prior notice to discontinue or change the specifications on products and services offered on the Site without obligations. From time to time, we may make suggestions or recommendations of certain products or services. However, we make no guarantee as to satisfaction for our suggestions or recommendations or that the suggested or recommended products or services will meet your expectations.
THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED BY US ON AN "AS-IS" AND "AS-AVAILBLE" BASIS. TIBCO AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, AVAILABILITY, SECURITY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THE SITE OR ANY WEB SITES LINKED TO THIS WEB SITE. TIBCO AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE, AND THE SERVICES, INFORMATION, CONTENT, MATERIALS OR VEHICLES INCLUDED ON THE SITE. DOWNLOAD OF ANY MATERIAL FROM THE SITE IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT MAY RESULT FROM SUCH DOWNLOAD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
Limitation of Liability
IN NO EVENT SHALL TIBCO OR ITS LICENSORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY THEORY OF LIABILITY (INCLUDING TORT, CONTRACT OR ANY OTHER THEORY), AND INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR PERFORMANCE OF THE SITE, ITS SERVICES, CONTENT, MATERIALS OR LINKS. THIS LIMITATION WILL APPLY EVEN IF TIBCO OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TOTAL LIABILITY OF TIBCO AND ITS LICENSORS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR USING THE SITE. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE.
The Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement of the link/site, nor are we responsible for the content of any linked site. You access linked sites at your own risk.
Third Party Content
Certain content from third party vendors may be made available as part of the Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms or the Privacy Statement, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms or the Privacy Statement could subject you to criminal or civil penalties.
User Responsibilities, Communications, Feedback, and Submissions
We welcome your comments and feedback regarding the Site. However, we do not want and cannot accept any ideas, materials or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to us using the Site or otherwise (collectively, "Submissions") are not confidential and will become and remain our property. We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute these Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions.
Termination of Usage
We may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Site or is in violation of any applicable law or these Terms.
The Site is controlled by us from our offices within the State of California, United States of America. The laws applicable to the interpretation of these Terms shall be the laws of the State of California, USA, without regard to any conflict of law provisions. We make no representation that the content in the Site is appropriate for access outside of the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts of Santa Clara County, California, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms may be brought by either party more than one year after the cause of action has occurred.
The Power of Now, TIBCO and TIBCO Software are the trademarks or registered trademarks of TIBCO Software Inc. in the United States and other countries. View a complete list of TIBCO trademarks. All such trademarks, trade names and service marks are proprietary to us, and may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us, without our written permission. All other trademarks, product names and company names and logos are the property of their respective owners.
Copyright 2009, TIBCO Software Inc. Any rights not expressly granted herein are reserved.
Please feel free to contact us to resolve a complaint regarding any aspect of service relating to the Site by writing to us at the address below, sending e-mail to email@example.com or calling (800) 420-8450. Upon your request, you may have these Terms sent to you by e-mail.
TIBCO Software Inc.'s Product Classification Numbers
How to Contact Us:
Phone: (800) 420-8450
U.S. Mail: TIBCO Software Inc.
3303 Hillview Avenue
Palo Alto, CA 94303