1. Acceptance of Terms. The Services that Attenex Corporation (“Attenex”) provides to you through its Internet websites (the “Sites”) are subject to the following Terms of Use (“Terms”). By providing your ID and Password or by otherwise accessing the Attenex Sites, you agree to be bound by these Terms and any revisions that Attenex may make, at any time, without notice to you. You should therefore periodically review these Terms.
2. Description of Services. Through the Attenex Sites, which includes the Sites and all contents of the Sites and other Web properties, Attenex provides you with access to various resources, including but not limited to, company, industry, product, and product support information, and may include other communications services (collectively, “Services”) at the sole discretion of Attenex. Attenex reserves the right to change or cease providing the Services or any Site at any time in its sole discretion without notice to you.
3. Use of Attenex Sites.
a. ID and Password. A valid identification name (“ID”) and password is required to gain access to certain Services on certain Sites or portions of Sites. An ID and password may be assigned to you by Attenex in its sole discretion. You may not use the ID and password assigned to another user for any purpose without that user’s prior authorization. You must immediately notify Attenex of any known or suspected unauthorized use of IDs and passwords, or any known or suspected breach of an Attenex Site’s security procedures including, but not limited to, loss, theft, or unauthorized disclosure of your or another’s ID and password. You are entirely responsible for any and all activities that occur in connection with your ID and password. Attenex may, in its sole discretion, terminate or suspend your access to all or part of the password-protected Sites for any reason whatsoever, including without limitation, your breach of these Terms.
b. Use Permissions. You may access and use the Services password-protected Services only for so long as you or your company are actively engaged in a business relationship with Attenex and solely for the purposes of obtaining and using the Services in support of that business relationship. You may freely access and use the Services contained on non-password protected Sites, however the Services do not include the design or layout of any Site.
c. Use Limitation. All Services contained on the Sites are protected by copyright law. Without the prior written permission of Attenex or as expressly provided on an Attenex Site, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell or otherwise transfer any of the Services to any third party. You may not alter or remove any content or any copyright, trademark, or other notice from any of the Services you access.
d. Confidentiality. The Services provided by Attenex Corporation via its password-protected Sites may contain CONFIDENTIAL AND PROPRIETARY INFORMATION of Attenex Corporation and you may not disclose that information to third parties except as provided expressly in writing by Attenex or in accordance with the Non-Disclosure Agreement between you or your company and Attenex.
4. Privacy. Attenex will collect, store, and use personal and non-personal information provided by you or otherwise collected by Attenex on or through the Sites (“User Information”). Attenex will use the User Information in its sole discretion for purposes including, without limitation, to improve the Sites, better understand your Services needs, and to provide additional communications based on your use of the Sites. Attenex does not share, rent, or sell your contact information (telephone number, address, or email address) to any third party. Any information that you provide on Communications Services (defined below) is available to all persons accessing those Communication Services. Attenex makes no guarantee as to the security of the User Information. Attenex reserves the right to access and disclose User Information as required by courts and administrative agencies, and to the extent required to permit Attenex to investigate misuse of the Services, the Sites, or other policies. By using the Sites, you consent to the collection, storage, and use of your User Information.
5. Communications Services.
a. Monitoring. Although Attenex may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like that may occur in the Sites (“Communications Services”), Attenex is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Sites. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Attenex will fully cooperate with any law enforcement authorities or court order requesting or directing Attenex to disclose the identity of anyone posting any such information or materials.
b. Submissions. If you provide any information or materials via the Communications Services (“Submission”), you grant Attenex permission to use that information for Attenex’s business purposes, including but not limited to, the license rights to: (i) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, or reformat your Submission; (ii) publish your name and your company name in connection with your Submission; and (iii) sublicense any such rights. Attenex does not claim ownership of your Submission, and no compensation will be paid with respect to Attenex’s use of your Submission. By providing a Submission, you warrant and represent that you or your company own(s) or otherwise control(s) all of the rights necessary to provide that Submission and that you are authorized by your company to provide the Submission on its behalf.
c. Warning; Disclaimer. You must always use caution when giving out any personally identifying information about yourself, or confidential information concerning your company or its customers. Attenex does not control or endorse the content, messages, or information found in any Communication Services and therefore Attenex specifically disclaims any liability with regard to the Communications Services and any actions resulting from your participation in any Communications Services. Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, dissemination, or other restrictions, and you must follow those limitations if you download those materials.
6. Warranty Disclaimer. While Attenex uses reasonable efforts to include accurate and up-to-date content in the Sites, Attenex makes no warranties or representations as to the accuracy of any of the Services distributed in the Sites. Without limiting the foregoing, everything on the Sites is provided to you “AS AVAILABLE” AND “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ATTENEX ON BEHALF OF ITSELF AND ITS SUPPLIERS EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, AS TO ANY MATTER WHATSOEVER RELATING TO THE SOFTWARE, MEDIA, DOCUMENTATION, AND ANY SERVICES PROVIDED UNDER THIS AGREEMENT INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF (a) MERCHANTABILITY, (b) FITNESS FOR A PARTICULAR PURPOSE, (c) REASONABLE CARE OR WORKMANLIKE EFFORT, (d) RESULTS, ACCURACY, OR COMPLETENESS, (e) LACK OF NEGLIGENCE, OR (f) LACK OF VIRUSES. THERE IS NO WARRANTY OF TITLE OR NONINFRINGEMENT. Attenex also assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Sites or your downloading of any materials, data, text, images, video, or audio from the Sites.
7. Limitation of Liability. IN CONNECTION WITH ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF FOR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SITES OR SERVICES, ATTENEX WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY (a) DAMAGES ARISING FROM THE LOSS OR INACCURACY OF DATA, (b) LOSS OF REVENUES, OR (c) LOSS OF PROFITS. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE FORM OF CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM AND REGARDLESS OF WHETHER ATTENEX HAS BEEN ADVISED OF THE EXPECTATION OR EXISTENCE OF ANY SUCH DAMAGES.
8. Software Notice. Any software made available by Attenex to download from the Sites is the copyrighted work of Attenex or its suppliers. Use of such software is governed by the terms of the software license agreement that accompanies or is included with the software, or as licensed for your use in a current Attenex software license agreement between your company and Attenex. Any reproduction or redistribution of the software not in accordance with the license agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
9. U.S. Government Rights Notice. Any software that is downloaded from the Sites for or on behalf of the United States of America, its agencies or its instrumentalities (“Government”), is acknowledged by the Government to be a “commercial item” as defined in 48 CFR 2.101 and that the Software is “commercial computer software” as defined at DFARS 252.227-7014 and as that term is used in 48 CFR 12.212, DFARS 227.7202-3 and DFARS 227.7202-4. The Government will have only those rights specified in this Agreement. 48 CFR 12.212(b); DFARS 227.7202-3(a). Pursuant to 48 CFR 12.212(a)(2) and DFARS 227.7202-4, the Government acknowledges and agrees that it will have no right to use, modify, reproduce, release, perform, display or disclose the Software except as mutually agreed to by the parties in this Agreement. The rights stated in FARS 52.227-19 – Commercial Computer Software – Restricted Rights (48 CFR 52.227-19) are hereby withheld from the Government.
10. Trademarks. Attenex®, Patterns®, and the Attenex Logo are registered trademarks of Attenex Corporation in the U.S. and other countries, and Workbench™, Matter Manager™, Document Mapper™, Attenex Advantage™, and See What Matters™ are trademarks of Attenex Corporation. All other trademarks displayed on the Sites are the property of their respective owners. Nothing on the Sites or in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without the prior written permission of Attenex or the third party Trademark owner. Your misuse of the Trademarks displayed on the Sites, or misuse of the Sites or its contents, except as provided in these Terms or as expressly agreed to by Attenex, is strictly prohibited.
11. Links and Images. Attenex may provide links to third-party websites as part of its Services solely for your convenience. Inclusion of those links does not imply endorsement by Attenex of the site, and Attenex is not responsible for the contents of any linked site or any link contained in a linked site. Your linking to any other sites is at your own risk. Any images displayed on the Sites or in any document or other materials contained in the Services are either the property of Attenex or used by Attenex under license. You are prohibited from using such images except as permitted by these Terms. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you would like to link to any Attenex Site, you must contact Attenex for permission and follow any guidelines required for such link. Unless specifically authorized by Attenex, you may not connect “deep links” to any Attenex Site, i.e., create links to a Site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages on any Site on any other web site or web page.
12. Third-Party Materials. Any third-party materials contained in the Services are used by Attenex under license and provided solely for your convenience. Inclusion of those materials does not imply endorsement by Attenex of the author of the materials, and Attenex is not responsible for the contents of those materials. You are prohibited from using such third-party materials except as permitted by these Terms. Any unauthorized use of the third-party materials may violate copyright laws, trademark laws, and other regulations and statutes.
13. Governing Law, Jurisdiction, and Venue. These Terms shall be construed and controlled by the laws of the State of Washington, USA, without giving effect to their choice of law provisions. For any claim or cause of action arising under this Agreement, Attenex , You and Your Company consent to the exclusive jurisdiction and venue by and in the state or federal courts sitting in King County, Washington, USA, and waive any objection based on jurisdiction or venue, including forum non conveniens.
14. No Legal Services. You acknowledge and agree that while lawyers may serve on the board of directors or as employees of Attenex, Attenex is not providing legal advice to you, to your company, or to any other third party.
Copyright © 2008, Attenex Corporation. All Rights Reserved.