Digital Millennium Copyright Act Notice

TIBCO Software Inc. (“TIBCO”) respects the intellectual property of others, is committed to complying with U.S. copyright and related laws, and requires its users also to comply with these laws. Accordingly, TIBCO has a policy of removing user content that violates intellectual property rights of others and will suspend or, in appropriate circumstances, terminate access to any TIBCO websites or services for anyone who uses them in a manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.

Upon receipt of a proper notice of claimed infringement of copyrighted material in accordance with the Digital Millennium Copyright Act (“DMCA”), TIBCO will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified by the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. As part of the process, TIBCO will take reasonable steps to contact the contributor of the removed content to allow the contributor an opportunity to submit a counter- notification.

Notification Procedure

If you believe that copyrighted material has been or is being infringed, you may notify TIBCO, pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a written notice to TIBCO’s Designated Agent at the email address below:

Attn: TIBCO Copyright Agent – Legal Department
TIBCO Software Inc.
3303 Hillview Avenue
Palo Alto, CA 94304
Telephone Number: +1 650 846 1000

The notice you submit must include each of the following:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where on TIBCO’s electronic properties the material that you claim is infringing is located;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the information contained in your submission is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you knowingly misrepresent in your submission that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by TIBCO or the alleged infringer as the result of TIBCO’s reliance upon such misrepresentation in removing or disabling access to the content claimed to be infringing.

Counter Notices

TIBCO will take reasonable steps to contact the owner of any content that was removed under this process, so that a counter-notice may be filed. If you have received such a notice of infringement from TIBCO or if material that you have posted to a system or network controlled or operated by or for TIBCO has been removed or disabled, you may file a counter-notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter-notice must be a written communication sent to TIBCO’s Designated Agent identified above and must include each of the following:

  1. your physical or electronic signature;
  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled due to a mistake or misidentification of the material to be removed or disabled; and
  4. your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which TIBCO may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

On receiving a valid counter-notification, TIBCO will generally restore the content in question, unless it receives notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. 

Termination of Repeat Infringers

TIBCO reserves the right, in its sole discretion, to terminate the account or access of any user who acts as a repeat infringer.