- Content and Right to Use
You acknowledge that all information, data, software, sound, photographs, graphics, text, video, messages and other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You are entirely responsible for all Content that You email, post, publish, upload or otherwise transmit (to “transmit”) via the Services. Under no circumstances will Software AG be responsible or liable in any way for any Content, including, but not limited to, errors or omissions in any Content, loss or damage of any kind incurred as a result of the use of any Content transmitted via the Services. Software AG does not pre-screen or control the Content posted via the Services and, as such, does not guarantee the accuracy, quality or integrity of such Content. Software AG shall have the right in its sole discretion to refuse or move any Content that is available via the Services. In addition, Software AG shall have the right to remove any Content that violates the ToU or is otherwise objectionable. By submitting Content to Software AG for inclusion in one of the Services, You grant Software AG a worldwide, royalty free, non-exclusive, perpetual and irrevocable non-exclusive and fully sub-licensable right and license to use, adapt, distribute, display, perform, modify, reproduce, and publish such Content. If You are not the owner of the Content submitted, You guarantee that the owner agrees to the transfer of the aforementioned rights to Software AG.
- Your Obligations
In consideration of Your use of the Services, You agree to: (a) provide true, accurate, current and complete information about You as prompted by the Service’s registration form (the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information and Software AG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Software AG has the right to suspend or terminate Your account and refuse any and all current or future use of the Services or parts thereof. You agree not to use the Services to: (a) transmit any Content that is abusive, harassing, defamatory, harmful, threatening, unlawful, tortuous, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; (c) transmit any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (d) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; (e) violate any applicable law or regulation; (f) infringe another’s rights, including but not limited to intellectual property rights; (g) transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” or any other form of solicitation; (h) transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (k) collect or store personal data about other users; (l) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
- Password and Security
You are responsible for maintaining the confidentiality of any password You are given to access the Services, and are fully responsible for all activities that occur under Your password. You agree to immediately notify Software AG of any unauthorized use of Your password or any other breach of security.
- Use and Storage
Software AG may establish practices and limitations concerning use of the Services, such as limiting the maximum: (a) number of days that email messages, message board postings or other new Content will be retained by the Services; (b) number of days email messages that may be sent from or received by an account on the Services; (c) number of times and duration for which You may access the Services in a given period of time; (d) size of any email message that may be sent from or received by an account on the Services; (e) disk space that will be allotted on Software AG’s servers on Your behalf. Software AG assumes no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. Software AG reserves the right to log off accounts that are inactive for an extended period of time, and to change these practices and limits at any time, at Software AG’s sole discretion, with or without notice.
- Discontinuance and Termination, and Change of ToU
Software AG reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof at any time with or without notice, and assumes no liability to You or to any third party for any modification, suspension or discontinuance of the Services. Software AG may revise the ToU at any time without notice to You. All amendments shall automatically be effective after they are initially posted on the Site. Any new feature that changes the current Services shall be subject to the ToU. Software AG at its sole discretion, may terminate Your password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or without prior notice if Software AG believes that You have violated or acted inconsistently with the ToU. Upon termination Software AG may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Services. Software AG shall not be liable to You or any third-party for any termination of Your access to the Services.
- Proprietary Rights
The Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to You through the Services or advertisers is protected by intellectual property and other laws. Except as expressly authorized by Software AG or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part. Logos, product and service names are trademarks of Software AG. Without Software AG’s prior written permission, You agree not to display or use in any manner, Software AG’s trademarks.
- Export Control Compliance
You may not download or otherwise export or re-export any underlying software, technology or other information from the Licensed Software Systems, Software AG Tech Community Resources, Trial Download Locations or except as stated explicitly in this Agreement and in full compliance with all applicable national and international laws and regulations. You agree to indemnify and hold harmless and defend SOFTWARE AG against any and all liability arising from or relating to Your breach of this Section.
Software AG reserves the right to decline or to withdraw access to the Software AG Tech Community including all its resources, in case any national or international export regulations or foreign trade legislation, or any target country / customer / usage restrictions implied by embargos or other sanctions prohibit the provision of export controlled goods (Dual-Use items) and services to be granted to You under this Agreement.
The Services may provide links to other World Wide Web sites or resources. Software AG has no control over such sites and resources and therefore is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Software AG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
Your use of the Services is at Your sole risk. The Services are provided on an “as is” and “as available” basis. Software AG expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied. Software AG makes no warranty or representation that the Services will meet Your requirements, will be uninterrupted, secure, timely, or error-free, or that the results that may be obtained from the use of the Services will be accurate or reliable. Any material downloaded or otherwise obtained through the use of the Services is done at Your own risk and discretion, and You will be solely responsible for any damage to Your computer system or loss of data as a result from the download of any such material. No information or advice, whether oral or written, obtained by You from Software AG, or through or from the Services shall create any warranty or other obligation not expressly stated in the ToU.
- Limitation of Liability
Software AG shall not be liable for any kind of damages relating to the use of the Services, including but not limited to damages for loss of profits, revenue, goodwill, use data or other intangible losses, resulting from the use or inability to use the Services, or the cost of substitute services.
You agree to indemnify and hold Software AG, its subsidiaries, affiliates, officers, employees, agents and partners harmless from and against any and all claims, liabilities, damages, losses or expenses arising out of or in any way connected with Your use of the Services.
Notices to You may be made either via email or regular mail. The Services may also provide notices of changes to the ToU or other matters by displaying notices or links to notices to You on the Site.
- Registration Data
Software AG uses Your Registration Data in accordance with the applicable German laws.
- General Provisions
These ToU (including the policies and rules referred to herein) constitute the entire agreement between You and Software AG and govern Your use of the Services, superseding any prior agreements between You and Software AG. The ToU and the relationship between You and Software AG shall be governed by the laws of Germany. You and Software AG agree to submit to the exclusive jurisdiction of the courts in the city of Darmstadt, Germany. Any failure by Software AG to exercise or enforce any right or provision of the ToU shall not constitute a waiver of such right or provision. If any provision of the ToU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the ToU remain in full force and effect.
- User behaviour
At some of the Services, content can be added and modified by any registered user, Positive contributions are welcome. Contributes to maintaining the quality and extending the content of the Services are highly appreciated and expected to be written in a professional behaviour:
- Always interact with others in a respectful and civil manner.
- Keep your comments positive – if criticism is called for, keep it constructive.
- Avoid negative comments about other users, individuals, companies, products, etc.
- Avoid sarcasm and trendy humour – this can often be misinterpreted.
- Avoid slang and colloquialisms – these may not be understood by all users.
New content and content edits should be pertinent to the Services or in general to Software AG products, solutions that are implemented with Software AG products, or use cases that can be addressed with Software AG products. When editing the work of others or commenting to content of others, exercise the same level of professionalism you would want applied to your own material. Always ensure that your edits are warranted and professionally justifiable before you apply them. In other words, always think twice before editing or adding new content.
- Contact Information
If You have any questions, please contact us at firstname.lastname@example.org.