| Terms of Use
Welcome to the Olocity Web site (the "Site"). Through
the Site, you have access to content, documents, materials, information,
software, products and services (collectively "Content")
such as developer tools, software downloads, communication forums
and product information. By using the Site, you agree to follow
and be bound by the following terms and conditions concerning your
access to and use of the Site and the Content provided on the Site
("Terms of Use") and our Privacy Policy. Olocity Corporation
and/or its affiliated companies ("We" or "Olocity")
may revise the Terms of Use and Privacy Policy at any time without
notice to you.
Some areas of the Site may have additional rules, guidelines or
terms of use posted. If there is a conflict between the Terms of
Use and the rules, guidelines or terms of use posted for a specific
area of the Site, the latter shall have precedence with respect
to your use of that area of the Site.
1. Use of Web Site Documents
You may download, view, copy and print documents, including graphics
incorporated in the documents, that Olocity publishes on the Site
("Documents") such as white papers, press releases, datasheets
and FAQs subject to the following: (a) the Documents may be used
solely for personal, informational, non-commercial purposes; and
(b) the Documents may not be modified or altered in any way. Except
where your use constitutes "fair use" under copyright
law, you may not otherwise use, download, upload, copy, print, display,
perform, reproduce, publish, license, post, transmit or distribute
any Documents or other Content from the Site in whole or in part
without the express authorization of Olocity.
2. Use of Software
Any software and accompanying documentation you download or access
through the Site ("Software") is the copyrighted work
of Olocity and/or a third party software provider. Use of the Software
is subject to the terms of a software license agreement that accompanies
or is included with the Software. Your use, reproduction or redistribution
of the Software is prohibited except as expressly provided for in
the software license agreement. All rights, title and interest not
expressly granted are reserved. Except where expressly provided
otherwise, all Software is provided on an "as is" basis,
and Olocity expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to, the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
3. Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin
board, news group, blog, wiki, letter to Olocity, its webmaster
or employees, e-mail function, or other service in connection with
which you can upload, email, post, publish or otherwise transmit
Content. You agree not to upload, email, post, publish, distribute
or otherwise transmit through a Forum any Content that: (a) is false
or misleading; (b) is defamatory; (c) is harassing or invades another's
privacy, or promotes bigotry, racism, hatred or harm against any
group or individual; (d) is obscene; (e) infringes another's rights,
including but not limited to intellectual property rights; (f) constitutes
unsolicited bulk e-mail, "junk mail," "spam"
or chain letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not
upload, email, post, publish, distribute or otherwise transmit any
Content containing a solicitation of funds, promotion, advertising,
solicitation for goods or services, or other commercial matter.
You agree not to solicit other users of the Site to use or join
or become members of any commercial online or offline service or
other organization. Except where expressly authorized by Olocity,
you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting
Content to any Forum or submitting any Content to Olocity, you automatically
grant (or warrant that the owner of such rights has expressly granted)
Olocity a worldwide, perpetual, royalty-free, irrevocable, nonexclusive,
fully sublicensable right and license to use, reproduce, modify,
adapt, publish, transmit and distribute such Content in any form,
medium, or technology now known or later developed. In addition,
you warrant that all so-called moral rights in the Content have
been waived.
Olocity has no obligation to monitor Forums or participate in Forums.
However, Olocity reserves the right to review Forum Content and
remove any Content at its sole discretion.
4. Passwords and Security
Access to and use of password protected or secure areas of the Site
is restricted to authorized users only. You may not share your password(s),
account information, or access to the Site. You are responsible
for maintaining the confidentiality of password(s) and account information,
and you are responsible for all activities that occur under your
password(s) or account(s) or as a result of your access to the Site.
You agree to notify Olocity immediately of any unauthorized use
of your password(s) or account(s).
Olocity is concerned about the protection of personal information
we have collected from you and has taken reasonable steps to prevent
unauthorized access to that information. For more information, please
see Olocity's Privacy Policy.
5. No Unlawful or Prohibited Use
You agree not to use the Site for any purpose that is unlawful or
prohibited by these Terms of Use or the rules, guidelines or terms
of use posted for a specific area of the Site. You may not access
or use the Site in any manner that could damage, disable, overburden,
or impair any Olocity accounts, computer systems or networks. You
may not attempt to gain unauthorized access to any parts of the
Site or any Olocity accounts, computer systems or networks. You
may not interfere or attempt to interfere with the proper working
of the Site or any Olocity accounts, computer systems or networks.
You may not use any robot, spider, scraper or other automated means
to access the Site or any Olocity accounts, computer systems or
networks without Olocity's express written permission.
6. Termination of Use
You agree that Olocity may, in its sole discretion, at any time
terminate your access to the Site, including Forums, and any account(s)
you may have in connection with the Site. Access to the Site and
activity on the Site may be monitored by Olocity.
7. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to Content from
third parties, including users, advertisers, affiliates and sponsors
of the Site. You agree that Olocity is not responsible for the availability
of, and Content provided on, third party Web sites. You should refer
to the policies posted by other Web sites regarding privacy and
other topics before you use them. You agree that Olocity is not
responsible for third party Content accessible through the Site,
including opinions, advice, statements and advertisements, and understand
that you bear all risks associated with the use of such Content.
If you choose to purchase any products or services from a third
party, your relationship is directly with the third party. You agree
that Olocity is not responsible for: (a) the quality of third party
products or services; and (b) fulfilling any of the terms of your
agreement with the seller, including delivery of products or services
and warranty obligations related to purchased products or services.
You agree that Olocity is not responsible for any loss or damage
of any sort you may incur from dealing with any third party.
8. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT,
DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. OLOCITY EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. OLOCITY MAKES NO WARRANTY THAT: (A)
THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE
ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT,
DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES
OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE
QUALITY OF ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE,
PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS
OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. OLOCITY SHALL
HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT, DOCUMENTS,
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES.
OLOCITY RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE
AT ANY TIME WITHOUT NOTICE.
9. Limitation of Liability
IN NO EVENT SHALL OLOCITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS,
REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER
IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR
USE OF, THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE.
10. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN
WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN
LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID,
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS
OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 8 AND 9, DO NOT APPLY.
11. Indemnity
You agree to defend, indemnify and hold harmless Olocity, its officers,
directors, employees and agents from and against any and all claims,
liabilities, damages, losses or expenses, including reasonable attorneys'
fees and costs, due to or arising out of your access to or use of
the Site or Content on the Site, your uploading, emailing, posting,
publishing or otherwise transmitting Content to any Forum or submitting
any Content to Olocity, your violation of the Terms of Use or any
additional rules, guidelines or terms of use posted for a specific
area of the Site, or your violation of any rights of another.
12. Privacy Policy
Olocity is concerned about your privacy and has developed a policy
to address privacy concerns. For more information, please see Olocity's
Privacy Policy.
13. Note About Children
Minors are not eligible to use the Site, and we ask that they do
not submit any personal information to us.
14. Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the Content
provided on the Site, in violation of U.S. export laws or regulations,
or in violation of any other applicable laws or regulations. You
agree to comply with all export laws and restrictions and regulations
of any United States or foreign agency or authority, and not to
directly or indirectly provide or otherwise make available the services
and products of Olocity in violation of any such restrictions, laws
or regulations, or without all necessary approvals, including, without
limitation, for the development, design, manufacture or production
of nuclear, chemical or biological weapons of mass destruction.
As applicable, you shall obtain and bear all expenses relating to
any necessary licenses and/or exemptions with respect to your own
use of the services of Olocity outside the U.S. Neither the services
of Olocity nor the underlying information or technology may be downloaded
or otherwise provided or made available, either directly or indirectly,
(i) into Cuba, Iran, North Korea, Sudan, Syria or any other country
subject to U.S. trade sanctions, to individuals or entities controlled
by such countries, or to nationals or residents of such countries
other than nationals who are lawfully admitted permanent residents
of countries not subject to such sanctions; or (ii) to anyone on
the U.S. Treasury Department's list of Specially Designated Nationals
and Blocked Persons or the U.S. Commerce Department's Table of Denial
Orders. By agreeing to these Terms and Conditions of Use, you agree
to the foregoing and represent and warrant that you are not located
in, under the control of, or a national or resident of any such
country or on any such list.
15. Applicable Laws
All matters relating to your access to, and use of, the Site shall
be governed by U.S. federal law or the laws of the State of California.
Any legal action or proceeding relating to your access to, or use
of, the Site shall be instituted in a state or federal court in
San Francisco, San Mateo or Santa Clara County, California. You
and Olocity agree to submit to the jurisdiction of, and agree that
venue is proper in, these courts in any such legal action or proceeding.
16. Copyright/Trademark Information
Copyright © 1995-2007, Olocity. All rights reserved.
Olocity is a registered trademark of Olocity Corporation and/or
its affiliates. Other names appearing on the Site may be trademarks
of their respective owners.
Third Party Use of Trademarks
Olocity's trademarks and service marks ("Olocity trademarks")
are valuable assets that Olocity needs to protect. We ask that you
help us by properly using and crediting Olocity trademarks in accordance
with these guidelines. For information about proper use of Olocity
logos, logotypes, signatures, and design marks, please review the
Third Party Usage Guidelines for Olocity Logos.
1.1 PERMISSIBLE USE
You may generally use Olocity trademarks to refer to the associated
Olocity products or services. For instance, an authorized reseller
can note in its advertisements that it is selling the Olocity application
server. Similarly, an Olocity customer may issue a press release
stating that it has implemented Olocity software.
Relationship of Products or Services
You may indicate the relationship of your products or services to
Olocity products or services by using accurate, descriptive tag
lines such as "for Olocity software," "for use with
Olocity E-Business Suite applications," and "works with
Olocity software" in connection with your product or service
name. Within text or body copy, such tag lines may appear in the
same type as your product or service name. On product, packaging,
advertising and other collateral where your product or service name
is displayed apart from body copy, make sure that the tag line appears
in significantly smaller type than your name. You should also distinguish
the tag line from your mark by using a different font or color.
However, Olocity or the tag line should never appear in the Olocity
red color. This is important to avert any implication that your
product or service is produced or endorsed by Olocity.
Titles
Olocity permits use of its marks in single volume book titles (not
magazines or periodicals) where such use is descriptive or referential.
To avoid misleading the public as to Olocity sponsorship, affiliation
or endorsement, the Olocity mark must not appear more prominently
than the rest of the title, and do not use Olocity logos on the
cover. In addition, we request that you include a disclaimer of
association with Olocity on the copyright page.
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1.2 PROHIBITED USE
You may not use Olocity trademarks in a manner which could cause
confusion as to Olocity sponsorship, affiliation or endorsement.
Take particular care not to use Olocity marks as set out below.
Company, Product or Service Names
Do not use Olocity trademarks or potentially confusing variations
as all or part of your company, product or service names. If you
wish to note the relationship of your products or services to Olocity
products or services, please use an appropriate tag line as detailed
above. For example, "XYZ for Olocity software" not "OraXYZ
or XYZ Olocity"
Logos
For more information regarding use of Olocity logos contact Olocity
at Info@Olocity.com
Trade Dress
You must not imitate Olocity trade dress, type style or logos. For
instance, do not copy Olocity packaging for use with your product
or display your product name in the distinctive logotype associated
with the Olocity logo.
Domain Names
Do not use Olocity trademarks or potentially confusing variations
in your Internet domain name. This helps prevent Internet users
from being confused as to whether you or Olocity is the source of
the Web site.
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1.3 CORRECT USE
Proper use of Olocity trademarks reinforces their role as brands
for our products and services, and helps prevent them from becoming
generic names that can be used by anyone. Examples of former trademarks
that became generic terms are "aspirin," "cellophane,"
and "escalator." By adhering to the following rules, you
help protect Olocity's investment in its trademarks.
Use a Generic Term
Use a generic term in association with each Olocity trademark the
first time the mark appears in text, and as often as possible after
that. You need not include generic names in headlines, package titles
and documentation titles. For example, "Olocity iLearning software",
"Olocity On Demand services", and "Olocity software."
Use as Adjectives
Olocity trademarks are adjectives and should not be used as nouns,
or in the possessive or plural form. For example, "Olocity
software's benefits.." not "Olocity's benefits..."
Avoid Variations
Do not vary Olocity trademarks by changing their spelling or abbreviating
them. For example, "Olocity Collaboration Suite" not "CollabSuite."
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1.4 TRADEMARK SYMBOLS AND CREDIT LINES
Proper trademark attribution through trademark symbols and credit
lines helps makes the public aware of our trademarks, and helps
prevent them from becoming generic terms. Credit lines also help
clarify that they belong to Olocity. Accordingly, Olocity would
appreciate you attributing ownership of Olocity trademarks to Olocity
Corporation by using trademark symbols (™ or SM or ®)
and credit lines as detailed below.
Trademark Symbols
Use the ® symbol with the most prominent appearance of the "Olocity"
mark on products, packaging, manuals, advertisements, promotional
materials and Web pages (e.g., in the headline of an advertisement),
and the first use of the mark in text or body copy. This includes
situations where "Olocity" is a part of a product or service
name (e.g., Olocity® Collaboration Suite, Olocity® PartnerNetwork).
You do not need to use trademark symbols with other Olocity trademarks.
Example: XYZ Develops New Product for Olocity® Software
XYZ Corporation, a member of the Olocity® PartnerNetwork program,
has developed the ABC software cartridge for use with the industry
leading Olocity software. The ABC software cartridge is one of numerous
products XYZ has developed that complement leading Olocity offerings.
"Olocity" receives a trademark symbol in the headline
because this is the most prominent appearance, and when it appears
as part of the "Olocity PartnerNetwork" name because this
is the first appearance in text. While there is no trademark symbol
after "Olocity" when it appears in front of the term "products"
and "offerings" since we already used a symbol the first
time that the term "Olocity" appeared in body copy. It
is always acceptable to continue using the ® after "Olocity"
throughout the document.
Credit Line
All products, packaging, manuals, advertisements, promotional materials
and Web pages bearing Olocity trademarks should include the following
trademark credit line.
The credit line may appear anywhere on the collateral, but typically
is displayed on a copyright page, the back of a package or at the
end of a document or web page.
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1.5 "OLOCITY" AS A TRADE NAME
Trade names are the actual business names of companies. Trademarks
and trade names are not the same, even though many companies use
their trade names as trademarks. If you are using "Olocity"
as a substitute for Olocity Corporation, you are using it as a trade
name. Because they are nouns, trade names can be used in the possessive
and do not require a generic term or a trademark symbol. Thus, you
should not use a ? after "Olocity" when it appears as
part of the full corporate name or as a trade name.
Examples
• Corporate Name: This software was developed by Olocity Corporation.
• Trade Name: This software was developed by Olocity.
• Trade Name: Olocity's latest software developments are outstanding.
• Trademark: The Olocity® software leads the industry.
Use of Olocity Logos
1.6 OLOCITY LOGOS
Olocity's logos, logotypes, signatures and design marks ("Olocity
logos") are valuable assets that Olocity needs to protect.
Accordingly, we ask that you follow these guidelines with respect
to Olocity logos. Remember that you are generally not able to use
Olocity logos unless you are specifically licensed or authorized
to use them. Information regarding Logo programs under which you
may be licensed to use Olocity logos and information on obtaining
other authorization is set out below.
1.7 LOGO PROGRAMS
Qualified third parties are able to license the right to use select
Olocity logos under Olocity logo programs. More information on these
programs can be found by going to the web pages set out below or
emailing the referenced email addresses.
Powered by Olocity Logo
For use by customers using Olocity software to run their web internal
business operations. Additional information can be found at info@Olocity.com
Olocity PartnerNetwork Logo
For use by Olocity PartnerNetwork (OPN) members. Partners can obtain
more information at info@Olocity.com.
Olocity Certified Professional Logo
For use by Olocity Certified Professionals. Individuals wanting
more information should go to the Olocity website.
1.8 REQUESTS
If you wish to use an Olocity logo and are an Olocity Partner, please
get in touch with your regular Olocity contact who should work directly
with Olocity Partner Marketing. If you do not have a regular contact,
please forward the following to info@Olocity.com. If you are not
an Olocity Partner, please forward the following to info@Olocity.com.
• A written summary setting forth: (a) your name and your
company's name; (b) contact information including phone number,
fax number, email address and mailing address; (c) the specific
Olocity logo that you wish to use; (d) background information on
your company, detailing any relationship with Olocity; (e) the names
of any Olocity contacts; (f) a description of your proposed use
of the logo, including why you want to use the logo, where the logo
would appear, the duration and geographical extent of the proposed
use, how the logo would be displayed relative to your corporate
name and logo, and whether the Olocity logo would be one of various
logos appearing; (g) a description of Olocity's involvement in any
program or project in association with which you propose to use
the Olocity logo; and (h) any previous correspondence you have had
with Olocity regarding this logo request.
• A mock-up or sample drawing showing your proposed use.
Following submission, Olocity will evaluate the request and contact
you if additional information is necessary. You will then be notified
whether the request is approved. The normal turnaround time for
such requests is one week. If approval is granted, you will be sent
formal written authorization to use the logo, electronic artwork
and usage guidelines where appropriate.
1.9 PROPER USE
Third parties expressly licensed or authorized to use Olocity logos
must not alter or modify them in any way. Make sure to use Olocity
approved artwork and refer to the appropriate identity guidelines
provided by Olocity. Use must comply with the terms and conditions
of your license or Olocity's authorization.
1.10 QUESTIONS
If you have any questions regarding use of Olocity logos, please
contact Olocity's trademark and copyright group at info@Olocity.com.
Copyright Infringement Claims
1.11 PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Olocity respects the intellectual property rights of others, and
we ask our individuals using Olocity Web sites to do the same. If
you believe that your copyrighted work has been copied and is accessible
on an Olocity Web site in a way that constitutes copyright infringement,
please send a Notice to our Copyright Agent providing the following
information:
• The electronic or physical signature of the owner of the
copyright or the person authorized to act on the owner's behalf
• A description of the copyrighted work that you claim has
been infringed and a description of the infringing activity
• A description of where the material that you claim is infringing
is located, such as the URL where it is posted
• Your name, address, telephone number, and email address
• A statement by you that you have a good faith belief that
the disputed use of the material is not authorized by the copyright
owner, its agent, or the law
• 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 are authorized to act on the copyright owner's
behalf
Olocity's Copyright Agent for Notice of claims of copyright infringement
can be reached as follows. Note: This contact information is solely
for reporting copyright infringement.
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