Terms and Conditions
1. License Grant; Your Content; Support
1.1 Licensor hereby grants you a non-exclusive, non-transferable right to use the Site and Services for the term for which you have paid the applicable subscription fees (“License Term”), solely for your own internal business purposes, subject to this Agreement and the Purchase Order. If any subscription based Service is licensed on a “named user” basis, rights of any user licensed to utilize the Service cannot be shared or used by more than one individual.
1.2 The Site includes a combination of content that Licensor creates, that Licensor’s partners create, and that Licensor’s users create. You may use the content on the Site only for your internal business purposes in connection with the Services and/or your licensed use of Licensor’s products. Except for the foregoing, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, reverse engineer, publicly display, or in any way exploit any of the software, materials or content on the Site in whole or in part.
1.3 You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Site or through the Service (“Your Content”). You have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content. Your Content will be protected by Licensor with at least the same protective precautions that Licensor takes to protect its similar proprietary information from unauthorized disclosure. Licensor will not, without your prior written consent, disclose any of Your Content to any thirty party, except to those bona fide individuals whose access is necessary to enable Licensor to perform its obligations hereunder.
1.4 You warrant that you own or have sufficient legal right to the intellectual property rights in Your Content and that Your Content, including any use thereof by Licensor as described below, does not violate applicable law or the rights of any third party. You hereby grant Licensor and Licensor’s partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable right during the License Term to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on the Site and other related Internet sites for your users, (ii) processing Your Content in connection with providing the Services to you, (iii) distributing Your Content, either electronically or via other media, to your users seeking to download or otherwise acquire it, and/or (iv) storing or hosting Your Content in a remote database or on the Site for access by your users. This license will apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
1.5 You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. Licensor has the right, but not the obligation, to remove any content that may, in Licensor’s sole discretion, violate this Agreement or that is otherwise objectionable.
2. Additional Terms; Service Communications
2.1 Some of the Services may be subject to additional conditions either posted on the Site or contained in ordering documents (referred to herein as an “Purchase Order”) that describe order-specific information, such as Services names, billing information, subscription prices, user quantities, and license term. Your use of those Services is subject to those conditions, which are incorporated into this Agreement by reference. In the event of an inconsistency between this Agreement and any additional conditions, the provisions of the additional conditions will prevail.
2.2 You understand and agree that the Services may include communications such as service announcements and administrative messages from Licensor. You will not be able to opt out of receiving these service announcements and administrative messages while using the Site and Services and until you send Licensor a specific written notice requesting the termination of your subscription and that your details be eliminated from the Site and any mailing list. You also understand that Licensor’s Services may include advertisements.
3. Technical Support
Licensor will provide an Internet address for submitting support requests and/or a support telephone number, per Licensor’s support policies.
4. Intellectual Property Rights
Licensor and/or its licensors owns all rights, title and interests, including all intellectual property rights, in and to the Site and the Services, the software, materials and other related content (excluding Your Content), and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site or the Services. In addition, any content from licensor’s partners or suppliers is protected either by licensor or the partner.