eSourcing Forum (the “Website”) is owned by and proprietary to Selectica.
Your access or use of this Website or its content, services, materials, information, databases or systems are subject to these Terms (these “Terms”) which may be revised by Selectica from time to time.
1. Limited License. Subject to these Terms, Selectica grants to you a non-exclusive, non-transferable and revocable license, to view, access and use the Website and its contents for non-commercial use. For certain users who register with Selectica, the limited license shall include the right to post articles, information or content on the Website. For non-registered users, the license includes the right to post comments on the Website. You may not transfer, sublicense or assign this license without Selectica’s prior written consent. This limited license does not create or imply any contractual or extracontractual liability on the part of Selectica or any of its agents, members, organizers or other users. Selectica does not guarantee that any information or content posted by a registered user will not be changed, edited, modified or removed from the Website by Selectica.
2. Ownership of Content.
a. General Content. Except for as set forth in subsections b and c immediately below, all content on the Website is owned by Selectica and is protected under applicable copyrights, patents, trademarks or other proprietary rights, and the copying, redistribution, use or publication by you of any such content is prohibited. Under no circumstances shall you acquire any ownership rights or other interest in any content by or through your use of the Website.
b. Copyrighted Works. Any copyrighted content posted on the Website shall remain under the ownership of the original author or assigned owner. Each user who posts copyrighted work on the Website hereby represents and warrants that such user has the right to publish such content on the Website and indemnifies Selectica from any and all liability which may be incurred by Selectica or otherwise arises from the user’s wrongful posting or publication of the content on the Website, whether arising from copyright infringement, breach of contract or otherwise.
c. Trademarks. Any of the trademarks or similar rights that are mentioned, used or cited in the Website are the property of their respective owners. “Selectica”, “SmartSource”, the Selectica logo and other Selectica trade names, brand names and brand designs are trademarks of Selectica. Such marks are not to be copied, reproduced, published or in any way used without the written permission of the owner.
3. Restrictions on Use. No part of this Website may be published, stored or transmitted in any form or means apart from the Website without the express written permission of Selectica. You may download content displayed on this Website for non-commercial, personal use only and must retain all copyright and other proprietary notices contained in the content. You agree not to knowingly: (a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website; (b) post or transmit to the Website any unlawful, fraudulent, harassing, libelous, or obscene information of any kind; (c) post or send to the Website any information that contains a virus, bug, or other harmful item; (d) publish, perform, distributDisclaimer of Liability.e, prepare derivative works, copy, reverse engineer, or use the content from the Website; (e) post or transmit into or on the Website any information in violation of another party’s copyright or intellectual property rights; (f) take any action which imposes an unreasonable or disproportionately large load on Selectica’s infrastructure; (g) redeliver any of the content using “framing”, hyperlinks, or other technology without Selectica’s express written permission; or (h) use any device or technology to provide repeated automated attempts to access password-protected portions of the Website.
4. User Caution. You should exercise discretion while browsing the Website. The structure allows any user to post information or comments. Thus, please be advised that content found on the Website is not necessarily complete, accurate or reliable. Selectica cannot guarantee the validity of the information found in the Website, and Selectica will not in any way be responsible for the information, content or your use of the information contained in or linked from the Website. Hyperlinks on the Website may not be under the control of Selectica, and Selectica does not make any representations concerning any such websites which you may access via a hyperlink from the Website. Accordingly, Selectica is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of any material contained in such other websites which may be accessible via a hyperlink to or from the Website or for the hyperlink itself. Selectica is providing these hyperlinks to you only as a convenience and the inclusion of any hyperlink on the Website is not and should not imply any endorsement by Selectica of such linked websites, the owners of such websites, or the products or services described on such websites.
5. Disclaimer of Liability. Selectica makes no guarantee as to, and assumes no responsibility for, the correctness, sufficiency or completeness of any information, content, material or recommendations stated on the Website. Selectica does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this Website, nor the quality of any products, information or other materials or services displayed, obtained or purchased by you as a result of your use of this Website or any Selectica service, database, materials or system. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. Selectica reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of this Website or any Selectica service, database, materials or system at any time, with or without notice to you.
ALL INFORMATION OR CONTENT ON OR OBTAINED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. Selectica DOES NOT WARRANT THAT ANY INFORMATION, CONTENT OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OFDisclaimer of Liability. ANY Selectica SERVICE, DATABASE, MATERIAL OR OTHER PRODUCT OR ANY THIRD PARTY SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY Selectica, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL Selectica HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS WEBSITE, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES WILL Selectica BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT CONTAINED THEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
6. User Responsibilities. You assume the responsibility to take adequate precautions against damages to your systems or operations which could be caused by defects or deficiencies in the Website, any content therein, any service, system, database or material, or parts thereof. You acknowledge that electronic communications and databases are subject to errors, tampering and break-ins and that while Selectica will implement reasonable security precautions to attempt to prevent such occurrences, Selectica does not guarantee or warrant that such events will not take place. You are responsible for ensuring that any postings made by or for you to this Website or any Selectica system or database does not contain any viruses or other computer software code or routing designed to disable, erase, impair or otherwise damage the website or any system, software or database of Selectica or any other user of the Website. You hereby agree to indemnify and hold Selectica harmless from any liability, claim cost or damage arising out of your use of the Website or any claim or suit by any such user caused by such virus or code or subroutine.
7. Termination. These Terms, and the license granted hereunder, may be terminated by Selectica, in its sole and absolute discretion, at any time and for any reason, with or without cause and with or without notice. If these Terms are terminated, you agree to cease your use of the Website and, upon request by Selectica, to return all information in your possession to Selectica relating to the Website.
8. Legal Compliance. You agree to comply with all applicable export laws, regulations and restrictions. Information Selectica or other users place on or make available through this Website may contain references or cross references to Selectica or third party products, programs and services that are not announced or available in your country. Such references do not imply that either Selectica or such third party intends to announce or make available such products, programs or services in your country. Consult Selectica or the applicable third party for information regarding any such products, programs or services. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.
9. Miscellaneous. If any part or parts of these Terms are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract. Your use of this Website, the Selectica information, content, services or other materials, and any and all other matters between Selectica and you related hereto, shall be governed by applicable United States federal law and the laws of the State of Indiana, excluding its conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this Website or any Selectica information, content, service or other product. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first came into being. Venue for all disputes arising out of or relating to these Terms shall be exclusively in the state and federal courts situated in Hamilton or Marion County, Indiana. Any provisions or obligations contained in these Terms which by their nature or effect are required or intended to be observed, kept or performed after termination of these Terms shall survive the termination of these Terms and remain binding upon and for the benefit of the parties, their successors and permitted assignees.
10. Contacting Selectica. If you have any questions regarding this Website, its contents, or these Terms, please contact Selectica at 11550 North Meridian Street, Suite 250, Carmel, Indiana 46032, Phone: (317) 594-8600, or E-mail: email@example.com.