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Welcome to the Jive Software web site
(the "Site"). Among other things, this Site is intended to (a) provide
you with information about Jive and our products and services, (b) allow
access to license downloads, support, white papers, marketing materials and
other content, (c) permit you to post and upload certain designated types of
content and interact with us and others, and (d) provide you the opportunity
to contact us directly. While we want you to enjoy the experience of visiting
our Site, we also want you to understand the terms to which you agree when
visiting the Site. References to “we” or “us” or “Jive” herein refer to Jive
Software, Inc. and our affiliates, subsidiaries, service providers and
designees as deemed appropriate by us. For purposes of these Terms of Use,
“Site” does not include any virtual community that we may host on your
behalf. To the extent that you or your organization acquires Jive products
or services under a separate agreement (e.g. master license agreement,
clickwrap, etc.), your use of such products and services will be governed by
such other agreement and not these Terms of Use. Rather, these Terms of Use
apply to your access and use of the Site only.
Compliance with Terms and Eligibility
By accessing this Site, you are agreeing to these Terms of Use, our Privacy
Policy and Acceptable Use Policy
(each found at www.jivesoftware.com/legal) as well as other legal notices,
terms and policies on this Site (together referred to as “Terms”), all of
which are expressly incorporated herein by this reference.
You agree to use the Site only in accordance with the Terms, whether you are
a “Visitor” (which means that you simply browse the Site) or you are a “Registrant”
(which means you have registered with us on the Site). The term “User” means
a “Visitor” or a “Registrant”. Please read and save all of the Terms. If you
do not agree with the Terms, do not use this Site or any of its features. If
you register to become a Registrant you will be required to indicate your
acceptance to these Terms during the registration process.
Use of the Site and its features and
registration to be a Registrant (“Registration”) is void where prohibited.
If you are under 18, you may use the Site only with involvement of a parent
or guardian.
Amendment
We may amend or terminate any Terms at any time and such amendment or
termination will be effective at the time we post the revised Terms on the
Site. The date of the most recent update of these Terms of Use will be as set
forth above. Each time you use the Site you should visit and review the then
current Terms that apply to your transactions and use of this Site. Your
continued use of the Site after we have posted revised Terms signifies your
acceptance of such revised Terms. If you are dissatisfied with the Site, its
content or any Terms (including as modified), you agree that your sole and
exclusive remedy is to discontinue using the Site. The Terms are the entire
agreement between you and Jive with respect to your use of the Site; provided
that additional terms and conditions will apply with respect to your download
and use of Jive products and services (e.g. license agreement).
Registration Information
By becoming a Registrant you represent and warrant that (a) all registration
information you submit is truthful and accurate; and (b) you will maintain the
accuracy of such information. Our collection and use of any information you
provide to us in connection with your Registration is subject to the Terms
including, without limitation, our Privacy Policy located at
www.jivesoftware.com/legal.
Term
The Terms, as we may revise them from time to time, shall remain in full
force and effect while you use the Site or are a Registrant. You may
terminate your Registration at any time, for any reason, by contacting Jive
and notifying us of your desire to terminate the Registration. We may
terminate your Registration at any time, for any or no reason, with or
without prior notice or explanation, and without liability. Even after Registration
is terminated, the Terms will remain in effect and you will remain bound by
them except that your right to use the Site as a Registrant will terminate.
Passwords
When you register to become a Registrant, you will be asked to choose a user
name and password. You are solely responsible for maintaining the
confidentiality of this information. You are not permitted to allow anyone
else to use your user name and password to log into the Site. You must notify
us immediately if you suspect any unauthorized use of your account or access
to your password. You are solely responsible for any and all use of your
account so please be vigilant in protecting its confidentiality.
Your Use of the Site
Users have a non-transferable, non-exclusive license to access this Site, to
view information contained at this Site, and to interact with the Site. You
agree not to use the Site for any unlawful purpose. Additionally, you will
not in any way access, use, or copy any portion of the Site or its features
to directly or indirectly develop, promote, distribute, sell or support any
product or service that is competitive with Jive’s products and services or
to disparage Jive or its products or services. You agree not to rent,
retransmit, disclose, publish, sell, assign, lease, sublicense, market, or
transfer the Site or any portion thereof or use it in any manner not
expressly authorized by the Terms. You agree not to copy, reverse engineer,
translate, port, modify or make derivative works of any portion of the Site.
Tampering with the Site, misrepresenting the identity or age of a user, using
buying agents or conducting fraudulent activities on the Site are prohibited.
User Content
Generally
We may, but are not obligated to, allow you to upload content for display on
the Site. This may be in the form of responses to blog posts, participation
in support forums or other discussion threads and other through other means.
If we allow this feature, please choose carefully the information you post on
the Site, provide to other Users and/or otherwise make available to us and
through the Site. Your content may not include any form of Prohibited
Content, as outlined below. Despite this prohibition, information, materials,
products or services provided by other Users (for instance, in their profile
or displayed on the Site in areas in which users can post content) may, in
whole or in part, be unauthorized, impermissible or otherwise violate the
Terms, and we assume no responsibility or liability for this material. As we
state in more detail below, your use of the Site and its content is at your
own risk. If you become aware of misuse of the Site or its features by any
person, please click on the “Contact Us” link on the Site pages and follow
the directions as to how to contact us.
We reserve the right, in our sole discretion, to reject, refuse to post or
remove any posting (including private messages) by you, or to deny, restrict,
suspend, or terminate your access to all or any part of the Site at any time,
for any or no reason, with or without prior notice or explanation, and
without liability. We expressly reserve the right to remove your profile
and/or deny, restrict, suspend, or terminate your access to all or any part
of the Site if we determine, in our sole discretion, that you have violated
the Terms, pose a threat to us, our suppliers and/or our Users or for any
other purpose we determine in our sole discretion.
Proprietary Rights
Jive does not claim any ownership rights in the text, files, images, photos,
video, sounds, musical works, works of authorship, applications, or any other
materials (collectively, “Content”) that you post on the Site (if
applicable). After posting your Content to the Site, you continue to retain
any such rights that you may have in your Content, subject to the license
herein.
By displaying, publishing or uploading Content on the Site, or otherwise
submitting Content to us (collectively, “posting”), you hereby grant to Jive
and its affiliates a irrevocable, perpetual, worldwide, royalty-free,
non-exclusive license to use, modify, delete from, add to, create derivative
works of, publicly perform, publicly display, reproduce and distribute (and
to sublicense the foregoing rights through multiple tiers of licensees) such
Content on or through the Site for any reason and in connection with
advertising and promoting the Site (including, for example, through screen
shots and blogs) and/or our products in any media formats and through any
media channels now existing or developed in the future. From time to time, we
may remove Content from the Site, permanently or temporarily, provided that
even if we do remove such Content from the Site, we shall have no obligation
to cease our other uses of the Content as permitted above.
You represent and warrant that: (i) you own the Content posted by you on or
through the Site or otherwise have the right to grant the licenses set forth
above, and (ii) the posting of your Content on or through the Site does not
violate the privacy rights, publicity rights, contract rights, intellectual
property or any other rights of any person or entity. In furtherance of the
foregoing, you agree that you will not post Content that violates or is not
in compliance with our Acceptable Use Policy located at www.jivesoftware.com/legal. You
agree to be fully responsible for and to pay any and all royalties, fees, and
any other monies owing any person or entity by reason of any Content posted
by you.
The Site may contain Content provided by Jive (including third party content
posted or displayed by Jive and not by a User), including, without
limitation, text, images and logos (“Jive Content”). Jive Content is
protected by copyright, trademark, patent, trade secret and other laws, and,
as between you and Jive, Jive owns and retains all rights in the Jive Content
and the features and functionality of the Site. Jive hereby grants you a
limited, revocable, nonsublicensable license to reproduce and display the Jive
Content (excluding any software code) solely for your personal use in
connection with viewing the Site. Except as provided within the Terms, you
may not copy, modify, translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing on or through the Site. Your
rights with respect to any Jive Content included in a Jive product or service
covered by a separate license agreement will be as set forth in such agreement.
Content Posted.
Jive may reject, refuse to post or delete any Content for any or no reason,
including, without limitation, Content that in the sole judgment of Jive
violates the Terms, including our Privacy Policy and/or our Acceptable Use Policy.
We assume no responsibility for monitoring the Site for inappropriate Content
or conduct. If at any time Jive chooses, in its sole discretion, to monitor
the Site, we nonetheless assume no responsibility for the Content, no
obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the User submitting any such Content.
You are solely responsible for your use of the Site, the Content that you
post on or through the Site, and any material or information that you
transmit to other Users and for your interactions with other Users.
Protection of Intellectual Property
Rights.
Jive respects the intellectual property of others, and requires that our
Users do the same. Without limiting the terms of our Acceptable Use Policy
[link], you may not upload, embed, post, email, transmit or otherwise make
available any material that infringes any copyright, patent, trademark, trade
secret or other proprietary rights of any person or entity. We reserve the
right to terminate the Registration of anyone we suspect to be an infringer.
If you believe that your intellectual property has been copied and/or
provided to us in a way that constitutes copyright infringement, please
provide our designated agent with the information specified below, in
writing. Please do not use this procedure for any other purpose. Please
include the following information:
* An
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
* A description
of the copyrighted work that you claim has been infringed and a description
of where such work is located on the Site;
* Your
name, address, telephone number, and e-mail address;
* A
statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
* A
statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
Our designated agent for notice of
claims of copyright infringement can be reached as follows:
Ryan Burghard
Copyright Agent / Sales Operations Manager
Jive Software, Inc.
915 SW Stark St.
Suite 400
Portland, OR 97205
Phone: 503-295-3700
e-mail: copyright@jivesoftware.com
Disclaimers.
Jive is not responsible for and makes no warranties, express or implied, as
to any content on the Site, including, without limitation with respect to the
accuracy and reliability of the Jive Content, User Content or other Content
posted on or through the Site, whether caused by us, by Users, by any of the
equipment or programming associated with or utilized by the Site, or
otherwise. The User Content does not necessarily reflect the opinions or
policies of Jive. Profiles and third party applications created and posted by
Registrants on the Site may contain links to other websites. Jive is not
responsible for the content, accuracy or opinions expressed on such websites,
and such websites are not necessarily investigated, monitored or checked for
accuracy or completeness by Jive. Inclusion of any linked website on the Site
does not imply approval or endorsement of the linked website by Jive. When
you access these third party sites, you do so at your own risk. Jive takes no
responsibility for third party advertisements or third party applications
that are posted on or through the Site, nor does it take any responsibility
for the goods or services provided by its advertisers. Jive is not
responsible for the conduct, whether online or offline, of any User of the
Site including, without limitation, any Content posted by any User. Jive
assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, any User or
Registrant communication. Jive is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of any
email or players due to technical problems or traffic congestion on the
Internet or on any portion of the Site or combination thereof, including any
injury or damage to Users or to any person’s computer related to or resulting
from participation or downloading materials in connection with the Site.
Under no circumstances shall Jive be responsible for any loss or damage,
including personal injury or death, resulting from use of the Site,
attendance at a Jive event, from any User Content posted on or through the
Site, or from the conduct of any Users, whether online or offline.
Additionally, Jive shall have no liability for any viruses or anything beyond
our control. We are not responsible for any damage to your computer,
software, modem, telephone or other property resulting from your use of the
Site. We will not be liable to you if you are unable to access Content or
other materials through the Site.
Some states do not allow the exclusion or limitation of certain warranties
and/or liabilities, so certain of the above limitations or exclusions may not
apply to you.
The Jive Site is provided “AS-IS” and
as available and JIVE hereby disclaims OTHER WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, TITLE, MERCHANTABILITY AND THOSE
THAT ARISE FROM ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. Jive cannot
guarantee and does not promise any specific results from use of the Site.
Limitations of Our Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU,
INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE
BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH
DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE
INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY,
DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS,
AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF
LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD
UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL
NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Our Service Providers
We may use one or more third party service providers to design and/or
operate parts of the Site. In such cases, each such service provider is also
included in the terms “we” and “us” for purposes of the Terms.
Indemnification
You agree to indemnify and hold Jive, its subsidiaries, and affiliates, and
their respective officers, agents, partners and employees, harmless from any
loss, liability, cost, expense, claim, or demand, including without
limitation, reasonable attorneys’ fees, due or relating to or arising out of
your use of the Site in violation of the Terms and/or arising from a breach
of the Terms and/or any breach of your representations and warranties set
forth in the Terms and/or arising out of or relating to any Content that you
post.
Miscellaneous
The Terms will be construed, and their performance enforced, under the laws
of Oregon without reference to choice of law principles. Any dispute relating
to the Terms or the Site may be litigated only in a court having jurisdiction
and venue in Multnomah County Oregon for state court causes of action and in
the District of Oregon for federal court causes of action. The United Nations
Convention on Contracts for the International Sale of Goods does not apply to
the Terms. Each party waives any objection (on the grounds of lack of
jurisdiction, forum non conveniens or otherwise) to the exercise of such
jurisdiction over it by any such courts. We may assign the Terms, in whole
or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES
ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION
(INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR
THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS
AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR
AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH
PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER
OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS
SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of the Site or any of its features and
is further affirmed upon you becoming a Registrant (if applicable). The Terms
constitute the entire agreement between you and Jive regarding the use of
Site and its Content, services and features. The failure of Jive to exercise
or enforce any right or provision of the Terms shall not operate as a waiver
of such right or provision. The section titles in the Terms are for convenience
only and have no legal or contractual effect. The Terms operate to the
fullest extent permissible by law. If any provision of the Terms is unlawful,
void or unenforceable, that provision is deemed severable from the Terms and
does not affect the validity and enforceability of any remaining provisions. All
waivers and amendments must be in a writing signed by both you and Jive.
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