Terms of Use

 

Terms of Use

Date: April 14th 2018

 

Contents

Terms of Use

Links to Third-Party Websites

Use of Website Materials

Rules of Conduct for Forums and Portals

Warranties and Disclaimers

Export Control Laws

Trademark Information

Terms of Use

NiCE IT Management Solutions GmbH (“NiCE”, “we” or “our”) makes available information, materials, and products on this website and other NiCE websites (“website” or “site”), subject to the following terms. By accessing or continuing to use this site or downloading or otherwise using any of the materials published on or made available for download from this website, you agree to these website terms and to the NiCE Privacy and Cookie Policy which by these references are hereby expressly incorporated into these website terms. If you do not agree to these terms of use, please refrain from using this website.

Any rights not expressly granted herein are reserved by NiCE. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, it shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. NiCE reserves the right to change these terms from time to time at its sole discretion and without notice. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on this website.

Use of Software

Any software and accompanying documentation that is made available to download from this website is the proprietary and copyright work of NiCE and/or its suppliers. Use of the software is governed by the terms of the end user license agreement which accompanies or is included with such software. You are not granted any rights to download, install, or use any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement, whether presented to you before or after download.

In the event software is provided without an end user license agreement, you may use the software solely for your personal, informational, non-commercial purposes. Such software may not be modified or redistributed.

If the software is a patch, service pack, module, adapter, or other update applicable to prior software you have licensed from NiCE (“Prior Software”) and is not accompanied by its own end user licence agreement, then you may only use it with the Prior Software subject to the end user licence agreement that accompanied the Prior Software and provided that NiCE has authorized you to use it pursuant to a maintenance, subscription or other offering.

You are not authorized to download the Software if such download would violate any of the government export regulations.

Links to Third-Party Websites

This website contains links to third-party websites, which are not under the control of NiCE. NiCE makes no representations whatsoever about any websites to which you may have access through this website. When you access a non-NiCE website, you do so at your own risk and NiCE is not responsible for the nature, quality, accuracy or reliability of any information, data, opinions, advice or statements made on these sites. NiCE expressly disclaims any potential liability associated with any such information and such information is not incorporated by reference into this website. NiCE provides these links merely as a convenience, and the inclusion of such links does not imply that NiCE or its management endorses or accepts any responsibility for the content or uses of such websites. By clicking on any of the hyperlinks to third-party websites on this website, you acknowledge and agree to the foregoing limitations.

You agree that you will not arrange for any third-party website to be connected to any part of this site by way of hyperlink or otherwise without our prior written consent, and if we grant such consent, then we reserve the right to withdraw such consent at any time in our discretion. You may not use any of our proprietary logos, trademarks, or other distinctive graphics, video, or audio material in your links, and you may not link in any manner reasonably likely to (i) imply affiliation with us or endorsement or sponsorship by us without our express written consent, (ii) cause confusion, mistake, or deception, (iii) dilute our trademarks, service marks, or trade names, or (iv) otherwise breach applicable law.

Use of Website Materials

All content, data, ideas, comments, feedback, suggestions, expression of ideas, or other materials on this website including software, code, and accompanying documentation (any or all of the foregoing being “Materials”) are protected by copyright trade dress and other laws. Except as specifically permitted herein, no Materials on this website may be reproduced in any form or by any means without express prior written permission from NiCE.

All rights, title and interest not expressly granted are reserved. Use for any purpose other than as expressly authorised by us is expressly prohibited by law.

NiCE does not guarantee continuous or secure access to this website and the operation of this website may be interfered with by numerous factors outside of its control. NiCE is not responsible for any loss or damage caused by the temporary interruption of this website due to faults or circumstances outside of its control including but not limited to link failures, power difficulties, telephone outages, network overload, default or failure of a third party (including a public telecommunications operator), government actions, failure in the supply of a third party’s access line, or any event of force majeure.

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to any NiCE site, the server on which our site is stored, or any server, computer, or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under applicable laws, and we will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

Rules of Conduct for Forums and Portals

By participating in a Forum, including the posting of Materials and sending of private messages, you agree that you will not upload, post, or otherwise transmit any Materials (including, without limitation, text, links, communications, software, images, sounds, data, or other information) that:

  1. Is not consistent with the permissible uses set out in these website terms, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive, or otherwise objectionable;
  2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  3. Constitutes advertising or promotion, junk mail, “spamming,” chain letters, or any other form of unauthorized solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by NiCE in its sole discretion;
  4. Contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
  5. Provides any non-public information about NiCE or any other company or person without the proper authorization to do so. This includes providing the names and extension numbers of NiCE employees and Forum participants;
  6. Intentionally interferes with the operation of the Forum or with a fellow user’s message box, without limitation, mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking;
  7. Impersonates any person or entity, including a NiCE employee, or forges any TCP-IP packet header, e-mail header, or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers;
  8. Attacks or insults another Forum user or administrator/moderator;
  9. Violates any law, rule, or regulation.

NiCE expressly reserves the right to terminate a user’s access to a bulletin board at any time, for any reason. You remain solely responsible for the content of your messages, and you hereby indemnify, release, and hold harmless NiCE Entities with respect to any claims, damages, costs, losses, liabilities, fines, penalties, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the Materials you submit, post, transmit, or make available on or through a Forum (including any private messages), the use of such Materials for any purpose, your use of a Form, your breach of these website terms, or the violation by you or the NiCE Entities of yours or any third party’s rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability, direct or indirect, vicarious, contributory, or otherwise.

Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND NICE IT MANAGEMENT SOLUTIONS GMBH, ALL INFORMATION, MATERIALS AND SOFTWARE ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.

NICE IT MANAGEMENT SOLUTIONS GMBH ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, MATERIALS, OR SOFTWARE WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE. REFERENCES TO ANY OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL NICE IT MANAGEMENT SOLUTIONS GMBH OR ANY NICE IT MANAGEMENT SOLUTIONS GMBH ENTITIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, OR ANY OTHER LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, BUSINESS, OPPORTUNITY, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED IN THIS WEBSITE, AND THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEBSITE. NICE IT MANAGEMENT SOLUTIONS GMBH MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEBSITE AT ANY TIME.

This website can be accessed from other countries around the world and may contain references to NiCE products, services, and programs that have not been announced in your country. These references do not imply that NiCE intends to announce such products, services, or programs in your country.

Export Control Laws

Software and Materials available on this website are subject to statutes, orders, or regulations which impose embargoes or control the export of goods, technology, software, supplies, and services, including weapons of mass destruction and arms, military, paramilitary and security equipment and dual-use items (items designed for civil use but which can be used for military purposes), and certain drugs and chemicals (“export controls”). No software or Materials from this website may be downloaded or otherwise exported or re-exported in breach of the export controls.

By downloading or using software from this site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. You may not access, download, use, or export the information, software, products, or services contained on this website in violation of export laws or regulations, or in violation of any applicable local laws or regulations.

Trademark Information

The trademarks, logos, and service marks (“Marks”) displayed on this website are the property of NiCE or other third parties. You are not permitted to use the Marks without the prior written consent of NiCE or such third party which may own the Marks. “NiCE” and the NiCE logo are trademarks of NiCE or its subsidiaries or affiliates.

All other trademarks, trade names, or company names referenced herein are used for identification only and are the property of their respective owners.