Acceptance. Use of and access to the OT Website (“Website”) is subject to the following Terms of Use (“Terms”). The Terms form an agreement between you, a visitor to or user of the Website, (“You” and “Your”) and Open Text Corporation (“OT”). OT reserves the right to update and modify the Terms any time without notice to You. When OT makes updates to the Terms, OT will post the revised Terms and update the date at the top of this page. By using the Website after the modified Terms have been posted, You agree to the terms of such modified Terms. Your use of any OT Cybersecurity product or service will be subject to the applicable agreement located at https://cybersecurity.opentext.com/legal/agreements-for-cybersecurity-data-security-and-data-protection-solutions/ .
Privacy. To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. You agree that all information You provide to the Website, whether or not for registration purposes, and including but not limited to the use of any interactive features on the Website, is governed by the applicable Privacy Policy available at https://www.opentext.com/about/privacy, which is incorporated into the Terms by this reference.
Description of Services/Intellectual Property. The services, materials and content on the Website are protected by various intellectual property laws, including copyright, patent, trademark and other global intellectual property and unfair competition laws. All right, title, and interest in and to such services, materials, and content are the property of OT and its licensors, and You are not granted any intellectual property rights to such services, materials, and content unless specifically enumerated in the Terms. No portion of the Website, or any services, materials, or content offered through the Website, may be modified, reproduced, distributed, transmitted or displayed by any means, or in any form, without OT’s prior written permission. All rights not expressly granted to You in the Terms are retained by OT.
DMCA. If You believe that material available on the Website infringes on Your copyright, You may file a complaint of copyright infringement under the Digital Millennium Copyright Act (“DMCA”). Please click here for more instructions. PLEASE NOTE THAT YOU MUST FOLLOW THE SPECIFIC PROCEDURE REQUIRED BY OT IN ORDER FOR YOUR COMPLAINT TO BE RECEIVED AND PROCESSED.
Account Security. If You choose, or are provided with, a username, password or any other piece of information as part of OT security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Website or portions of it using Your username, password or other security information. You agree to notify OT immediately of any unauthorized access to or use of Your username or password or any other breach of security. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
Disclaimer of Warranties. The Website is provided by OT on an "as is" and "as available" basis. OT may make changes or improvements to the content and functionality of the Website at any time, without prior notice to You. OT does not warrant that the Website or any content will be available at any particular time or location, or that the Website is free of viruses or other harmful components. OT makes no representations about the technical accuracy or functionality of the Website or that any content is accurate, error-free or up to date. OT makes no representations or warranties of any kind, express or implied, including, but not limited to, fitness for a particular purpose, title, or non-infringement of third-party rights or intellectual property.
Right to Materials. Subject to any other applicable click-through terms on the Website, and Your compliance with the Terms, OT hereby grants You a non-exclusive, revocable right to copy, display, and distribute marketing materials on the Website (other than User-Generated Content (as defined below)), as a current or future customer, vendor, or business partner of OT or for Your personal, non-commercial purposes, provided that:
(1) such materials are only used: (i) in furtherance of Your rights or obligations as a customer, vendor, or business partner of OT pursuant to a written agreement with OT; or (ii) for informational, personal, and non-commercial purposes;
(2) no fee is charged for distribution of any materials to any third party;
(3) no part of the materials is modified in any way;
(4) You do not use framing techniques to display materials on the Website not licensed or owned by OT;
(5) any and all copyright and other proprietary notices that appear in or on such materials appear on all copies that You distribute of the materials; and
(6) OT reserves the right to revoke such authorization at any time.
All other use of the materials is prohibited.
For purposes of the foregoing, marketing materials do not include the layout or design of the Website, the elements of which are protected by trademark, trade dress or other laws and may not be imitated or reproduced in whole or in part.
User-Generated Content. Users may be able to submit materials and content (collectively, “User-Generated Content”) to the Website that can be viewed by other users (e.g., posts in community forums). You acknowledge that OT is not responsible for User-Generated Content, that OT has no obligation to monitor or remove User-Generated Content, and that OT has the sole discretion to determine whether any User-Generated Content violates the Terms. If You submit User-Generated Content that is published or made available to other users, You represent that: (i) such content is not prohibited by the Terms; (ii) You are solely responsible for the form, substance, and accuracy of such content; and (iii) You have all rights necessary to grant OT the license below. You hereby grant OT a royalty-free, perpetual, irrevocable, non-exclusive license (including a waiver of any moral rights) under all of Your intellectual property rights to use, reproduce, create derivative works of, publish, display, and distribute Your User-Generated Content (all or in part) worldwide, and to incorporate such content in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. OT may remove or refuse to post any User-Generated Content from the Website at any time for any reason or no reason at OT’s sole discretion. OT may disclose Your identity or other information about You (i) to any third party who claims that the User-Generated Content submitted by You violates their rights, including their intellectual property rights or their right to privacy; or (ii) to any law enforcement authorities or pursuant to any court order requesting or directing OT to disclose the identity or other information of anyone that submitted User-Generated Content.
Warranties. OT and/or its respective suppliers make no representations or warranties regarding the suitability, accuracy, or completeness of the information, documents, or related graphics made available through the Website. All such materials are provided "as is" without warranty of any kind.
Disclaimer. OT and/or its respective suppliers hereby disclaim all warranties and conditions with respect to such information, including, but not limited to, all express, implied, and statutory warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Limitation of Liability. In no event shall OT be liable for any direct, indirect, incidental, special, punitive or consequential damages of any kind, including, without limitation, those resulting from loss of use, data, or profits, whether or not OT has been advised of the possibility of damages, on any theory of liability, arising out of or in connection with access to, use or performance of the Website, failure of the Website to operate, or any content or other information provided in connection with the Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of the Terms and You acknowledge that OT would not grant access to the Website without Your agreement to this term. Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages so the above limitation or exclusion may not apply to You. Where legal liability surrounding the Website, or any of the services, materials or content available from the Website, cannot be excluded, but may be limited, the aggregate liability of OT and its subsidiaries and licensors will be limited to the sum of $50 USD (or the then-current value in the relevant local currency) in total.
In no event shall OT and/or its respective suppliers be liable for any special, indirect, incidental, or consequential damages, or for any damages whatsoever, including but not limited to damages resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious conduct, arising out of or in connection with the use or performance of information available through the services.
Your Conduct. It is a condition of Your use of the Website, or the services, materials or content therein, that You do not engage in any misconduct, any misuse of any of the foregoing, or otherwise violate any applicable local, state, national, or international law or regulation. In addition, You may not:
(1) upload, post, or otherwise make available under any law, regulation, license, or contract any User-Generated Content that: (i) is harmful, threatening, abusive, harassing, defamatory, libelous, or invasive of another’s privacy, or that is otherwise objectionable or harmful to another party; (ii) infringes any patent, trademark, trade secret, copyright, or database rights, or any other intellectual property rights of another party; (iii) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” website links, or any other form of content for the purpose of solicitation; (iv) contains software viruses or malware; (v) impersonates another person or entity or is intended to mislead OT or other users of the Website; or (vi) gives the impression that such User-Generated Content is produced by OT or is endorsed by OT or any other person or entity, if that is not the case.
(2) scrape or collect or store personal data about any other user of the Website;
(3) disrupt or interfere with all or a portion of the Website; or
(4) attempt to gain or gain unauthorized access to any portion of the Website, or to any other database or network, through hacking, password mining, scraping, or by any other means to obtain any information not intentionally made available on the Website.
No Unlawful or Prohibited Use. You are responsible for complying with the laws of the jurisdiction from which You are accessing the Website and You agree that You will not access or use the information on this site in violation of such laws or prohibited by the Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair any OT server, or the network(s) connected to any OT server, or interfere with any other party's use and enjoyment of the Website.
Governing Law. The Terms are governed by the laws of the state of Delaware in the United States without regard to it conflict of laws provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts sitting in the State of Delaware, with regard to any and all claims arising out of or relating to the Website or the Terms.
Entire Agreement. The Terms, and any applicable documents referenced herein (such as OT Privacy Policy), form the complete and exclusive statement of the mutual understanding between You and OT with regard to the Website, and supersede and cancel all prior written and oral agreements and communications relating to the Website.