The Site contains information, data, text, graphics and other material that is protected by laws pertaining to copyrights, trademarks, service marks, and other proprietary (“E2open Content”). Unless otherwise indicated, E2open Content is the property of E2open or our third-party providers. Subject to Your compliance with these Policies, and the terms and conditions of any other agreement pursuant to which You use our Services, E2open grants You the right to view and download E2open Content available on those portions of the Site to which You have been granted access for Your personal, non-commercial use only, provided that You retain all copyright and other proprietary notices contained in the E2open Content, including any copies thereof. If You download software from the Site, use of the software is subject to the license terms in the software license agreement that accompanies or otherwise governs the software. You may not download or install the software until You have read and agreed to the terms of such software license agreement. E2open and its third-party providers reserve all other rights with respect to this Site and E2open Content. Some areas of the Site, E2open Content, or User Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to Your access or use of that area of the Site, E2open Content, or User Content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Policies and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter has precedence with respect to Your access and use of that area of the Site, E2open Content, or User Content. Any other use of this Site or E2open Content is prohibited without E2open’s prior written consent.
“User Content” consists of information, data, text, graphics and other material that You post to, or otherwise submit using, the Site. You agree that You are solely responsible for the origination, accuracy, completeness, ownership, protection, publication and dissemination of User Content You submit to or through the Site, and that E2open is not in any way responsible for, and does not endorse, Your User Content. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to You in connection with any User Content. Except as otherwise set forth in an agreement between E2open and Yourself (or the business entity whom You represent for purposes of submitting User Content), all User Content will be considered non-confidential and non-proprietary, and E2open is free to use, copy, disclose, distribute and otherwise exploit any such User Content for any purpose that is not inconsistent with our Policies. You agree that You have the right and authority to share User Content and to grant to E2open all the licenses and rights set forth herein. By sharing User Content, You grant E2open a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the User Content for any purpose and in any form, medium, or technology now known or later developed and that You are solely responsible for implementing sufficient procedures to satisfy any security requirements You (or the business entity whom You represent) may have regarding User Content provided by You in connection with Your use of the Site.
Use of Services
Through the Site, You may have access to software and service offerings (“Services”). Your use of Services is subject to all agreements such as a master service, license, or user agreement that accompanies or is included with the Services, ordering documents, exhibits, and other terms and conditions that apply (“Services Terms”). If Services are provided on or through the Site and is not licensed for Your use through Services Terms specific to the Services, You may not use, modify or alter the Services in any way and the Services may not be redistributed. You may download, store, display on Your computer, view, listen to, play and print E2open Content that E2open publishes or broadcasts on the Site or makes available for download through the Site provided that the E2open Content: (a) may be used solely for Your personal, informational, noncommercial purposes; (b) may not be modified or altered in any way; and (c) may not be redistributed.
If Your use of the Site or any products or services offered through the Site requires You to complete a registration process, You agree to provide us with current, complete and accurate information. You are responsible for safeguarding against misuse and maintaining the confidentiality of any user identification and password You receive in connection with using this Site, or any products or services offered through the Site. You are responsible for all activities that occur using Your user identification and password, and You agree to immediately notify E2open of any unauthorized use or breach of security associated with Your user identification and password. You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any E2open accounts, computer systems or networks (“E2open Systems”). You agree not to attempt to gain unauthorized access to any parts of the Site or any E2open Systems. You agree not to interfere or attempt to interfere with the proper working of the Site or any E2open Systems. You agree not to use any robot, spider, scraper or other automated means to access the Site or any E2open Systems without E2open’s express written permission. You may not share Your username or password with anyone else for any reason.
The Acceptable Use Policy (“AUP”) defines required actions and practices, as well as prohibited activities and content pertaining to Your use of the Services that support the use of any Service. The examples listed in this policy are not exhaustive. If You violate the AUP or allow or help others to do so, we may immediately suspend or terminate Your use of the Services. E2open reserves the right to remove any content or restrict or terminate the use of the Services without prior notice for activities or User Content that, in E2open’s reasonable judgment, violate this AUP or any agreement under which You use the Services. E2open may change this AUP from time to time by posting the updated policy on the Site. You are deemed to accept a change to this AUP upon Your continued use of the Services following any such change. If You do not accept this AUP, You may not access or use any of the Services.
Prohibited Activities and Content
When Users disseminate information through the Internet, Users also must keep in mind that E2open does not review, edit, censor, or take responsibility for any information its users may create. When Users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over E2open’s Systems and may reach a large number of people, including both subscribers and non-subscribers of E2open. Users’ postings to the Internet may affect other users and may harm E2open’s goodwill, business reputation, and operations. In doing so, User may violate this Policy and/or the Agreement between the parties, when Users (including their users, affiliates, or subsidiaries) engage in, or attempt to engage in, the following prohibited activities.
You may not use the Services or permit others to use the Services:
- to violate any law of any applicable jurisdiction, including, without limitation, laws governing antitrust, encryption, export/import control, intellectual property, copyright, trademark, obscenity, privacy, securities, gambling, and telecommunications;
- to commit any tortious or wrongful act;
- to post, send, receive, use, encourage, promote, facilitate or instruct others to use defamatory, harassing, libelous, obscene, abusive, deceptive, false, misleading, fraudulent, pornographic or threatening materials, or private information without the consent of the individual(s) involved;
- to post, send or receive any content, including, without limitation, text, graphics, images, computer programs, links and “meta tags,” that violates any copyright, patent, trademark, trade secret or other intellectual property right of a third party;
- to obtain or attempt to obtain unauthorized access to any server, system, network or account;
- to interfere or attempt to interfere with the provision of Services to any user, host, or network by use of any program, script or otherwise;
- to interfere or attempt to interfere with security-related features of our Services, or features that limit or restrict (a) use of our Services or (b) use or copying of any content accessible through use of our Services;
- Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions;
- Monitoring of data or traffic on a system without permission;
- to send unsolicited bulk and/or commercial messages over the Internet (known as “spamming”)
- to send, receive or use malware, spyware, adware, key loggers, viruses, worms, harmful code and/or Trojan horses, or Internet Relay Chat “bots”;
- to engage in “hacking”, “cracking”, mail bombing, port scanning, denial of service, or other malicious or destructive activities, whether lawful or unlawful, that E2open determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations;
- to engage in illegal activities of any kind including, but not limited to, advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software;
- to resell the Services, in whole or in part, to any third party without E2open’s prior written consent;
- to violate the terms of applicable software license or service agreements or the Policies posted on this Site;
- to screen scrape or collect screen display data and translate or transfer such display data for use or display.
If E2open becomes aware of harmful activities, it may take any action to stop the harmful activity as permitted in accordance with the agreement between the parties, which may include but not be limited to, removing information, shutting down a HUB, implementing screening software designed to block offending transmissions, denying access to the Internet, taking a server off-line, or taking any other permissible action E2open deems appropriate.
E2open may disclose information, including but not limited to, information concerning a user, a transmission made using E2open Systems, or using an internet service such as a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request in accordance with the Master Services Agreement between the parties. E2open may disclose User, Your, or subscriber information or information transmitted over its network where necessary to protect E2open and others from harm, or where such disclosure is necessary to the proper operation of the system in accordance with the agreement between the parties.
E2open has no obligation to monitor, review, edit or remove User Content posted, or otherwise made available, on or through the Site. However, E2open reserves the right to edit or remove any User Content that, in E2open’s sole discretion, does not comply with these Policies, is illegal, or is otherwise undesirable, inappropriate or inaccurate.
E2open has not reviewed any sites linked to this Site and is not responsible for the content on any such sites. Linking to any other sites is strictly at Your own risk.
THE SITE, AND ALL E2OPEN CONTENT CONTAINED ON OR OBTAINED THROUGH THE SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (ii) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, FUNCTIONALITY, APPROPRIATENESS, SECURITY OR OTHERWISE OF THE SITE OR THE CONTENT ON THE SITE; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. E2OPEN HAS NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
IN NO EVENT WILL E2OPEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES (COLLECTIVELY, THE “E2OPEN GROUP”), BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF E2OPEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION. IF A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH HEREIN, IN WHOLE OR IN PART, THE E2OPEN GROUP’S LIABILITY IN SUCH JURISDICTION IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF YOU BECOME ENTITLED TO ANY RECOVERY, YOU AGREE THAT YOUR RECOVERY IS LIMITED TO THE AMOUNT PAID BY YOU TO USE THE SITE OR U.S. $10,000, WHICHEVER IS LESS. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE POLICIES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
By using the Site, You agree to defend, indemnify and hold E2open, its officers, directors, employees and agents harmless from any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, due to or arising in any way from Your use of the Site, Your violation of these Policies, or Your posting, submission, downloading or use of any User Content on or through the Site, or Your violation or infringement of any third party rights, including intellectual property rights.
E2open may, in its sole discretion, at any time, discontinue providing access or terminate Your use or access of the Site (or the business entity whom You represent). Upon such termination, You will immediately destroy any downloaded or printed E2open Content. All warranty disclaimer, limited liability, indemnification and miscellaneous provisions set forth in these Policies survive termination of Your use of the Site and these Policies as they apply to You (or the business entity whom You represent). You agree that E2open is not liable to You or any third-party for any termination or limitation of Your access to, or use of, the Site or any Content, including E2open Content that You may have shared.
Changes to Policies
E2open may change these Policies from time to time by posting the updated Policies on the Site. It is Your responsibility to review the Policies regularly. You are deemed to accept a change to the Policies upon Your use of the Site following any such change.
Third Party Web Sites, Content, Products and Services
The Site provides links to web sites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. E2open is not responsible for third party Content provided on or through the Site or for any changes or updates to such third-party sites, and You bear all risks associated with the access to, and use of, such web sites and third party Content, products and services.
Availability of Products
Information on the Site may reference or cross-reference E2open products, programs, or services that might not be available in Your location. Such references do not imply that E2open plans to make such products, programs, or services available in Your location. Please contact Your local E2open representative for more information.
The services on the Site are only available to Users that can form legally binding contracts. In addition and without limiting the foregoing, Users must be at least 18 years of age. These Policies are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
Governing Law; Jurisdiction
The laws of the State of Texas in the United States of America govern these Policies and Your use of the Site. No choice of law rules of any jurisdiction applies. You and E2open expressly disclaim the U.N. Convention on Contracts for the International Sale of Goods. You agree that any dispute with E2open will be conducted in the courts of the State of Texas, in the county of Travis, and You agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas, in connection with any such dispute.
The following applies if You access the Site from outside the United States and European Union: You are doing so at Your own risk, and You remain fully responsible and liable for familiarity and compliance with these Policies as well as with the laws, regulations, directives, codes, and rules of the United States, European Union, and the country within which You reside, including applicable import and export compliance laws and regulations, as well those of the jurisdiction from which You are accessing the Site, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on this Site.
Notice and Procedure for Making Claims of Copyright Infringement
E2open’s policy is to investigate notices of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent in a written communication. Any written notification of alleged copyright infringement using this site or E2open’s services must be sent only to the following Designated Agent:
9600 Great Hills Trail, Suite 300E
Austin, TX 78759
9600 Great Hills Trail, Suite 300E
Austin, TX 78759
Under the DMCA, the notification must include the following: (i) a physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit the service provider to locate the material; (iv) address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is the owner, or is authorized to act on behalf of the owner, of the copyright that is allegedly infringed. NOTE: THE CONTACT INFORMATION FOR OUR DESIGNATED AGENT IS PROVIDED EXCLUSIVELY FOR NOTIFYING E2OPEN OF ALLEGED COPYRIGHT INFRINGEMENT. OUR DESIGNATED AGENT WILL NOT RESPOND TO ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT.