Terms and Conditions

Actimize Inc. Website Terms of Use

General
The information, documents and software appearing on this web site (the “Site”) is for your general information, subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing or using this Site, you agree to these Terms of Use. Actimize reserves the right to change, modify, or update the Terms of Use at any time without notice and your continued use of the Site signifies your acceptance of the revised Terms of Use.

The design, layout and content of this Site (the “Materials”) are the sole property of Actimize or its licensors and are protected by copyright, patent or other intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Actimize or its licensors, as applicable.

Except where expressly provided otherwise by Actimize, nothing on this Site shall be construed to confer any license under any of Actimize’s or its licensors’ intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Contact Us" below if you have any questions about obtaining such licenses. Actimize hereby grants you permission to display, copy, distribute and download Materials on this Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.

Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Software available on this site
The use of any software made available on this Site is governed by the terms of the license agreement displayed prior to initiating a download. If you do not accept the terms of the license agreement, click on the appropriate box and the download process will be terminated. If you click on the "AGREE" box you confirm that you have read and agree to the terms of the license agreement.

Links to third party sites
This Site may contain hyperlinks, which will take you out of the Site and connect you to third party sites. Actimize is providing these hyperlinks to you only as a convenience. The inclusion of any hyperlink does not imply endorsement by Actimize of the linked site. These linked sites are not under the control of Actimize and by accessing them, you do so at your own risk.

Privacy
Please see Actimize’s privacy policy for this Site.

Disclaimer
THE INFORMATION, DOCUMENTS AND SOFTWARE MADE AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND WHETHER ARISING BY LAW, USAGE OR TRADE.

The incorporation of (new) product attributes, as they may be discussed in Materials posted on this Site, into any release or upgrade of any Actimize software product—as well as the timing of any such release or upgrade—is at the sole discretion of Actimize.

Governing laws and jurisdiction
This Site is controlled by Actimize in New York, NY, USA. By accessing this Site, you agree that any legal matter that may arise between you and Actimize relating to the contents of this Site shall be governed by the laws of the State of New York and determined exclusively by the courts of the State of New York located in New York County, or the Federal District Court for the Southern District of New York.

Limitation of Liability
ACTIMIZE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL ACTIMIZE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE, EVEN IF ACTIMIZE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND YOU WILL NOT MAKE A CLAIM AGAINST ACTIMIZE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD ACTIMIZE HARMLESS FROM, AND YOU COVENANT NOT TO SUE ACTIMIZE FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE SITE.

Contact Us
We welcome your comments with respect to the Actimize Terms of Use. Any comments or questions should be sent by e-mail to actimize.info@niceactimize.comThis email address is being protected from spam bots, you need Javascript enabled to view it .  This email address is protected from spam bots; therefore, you need Javascript enabled to view it. We will use commercially reasonable efforts to respond promptly to your inquiry.

Revised: September 26, 2005