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ONLINE SERVICES TERMS OF USE

  1. General. These Terms of Use of the Ariba Site (the "Terms of Use") describe the terms applicable to your ("You", "Your") access and use of the Ariba Site (the "Ariba Site"). Your access or use of the Ariba Site and Content of the Ariba Site (collectively, "Site Use") is strictly subject to Your compliance with these Terms of Use (as updated periodically) and Ariba's then-current policies applicable to the Ariba Site and is governed by the terms of the Agreement, as defined below. "Content" shall mean information, data and other documentation or materials contained in, obtained from or related to the Ariba Site, excluding Your Data. The English version of these Terms of Use shall govern in the event of any conflict or substantive translation changes into a non-English language.

  2. Use of the Ariba Site. The Ariba Site is available only to Authorized Users of the Ariba Site. You are an "Authorized User" if (a) the company for which you are using the Ariba Site has obtained the right to access the Ariba Site through the purchase of an Ariba On Demand Solution Package (the "Company") under a separate purchase agreement signed between the Company and Ariba (the "Agreement") and (b) you have been authorized by the Company to use the Ariba Site for its benefit. Your Site Use shall be solely in connection with an Ariba On Demand Solution Package as set forth in the Agreement.

  3. Data Confidentiality.
    1. Your Data. Ariba understands the sensitive nature of the data and other information You may provide while using the Ariba Site ("Data"). Please see Ariba's Data Policy, which is incorporated into these Terms of Use, for more information about how Ariba handles information.
    2. Confidentiality of Ariba Content and Information. The Content and the information about the Ariba Site's processing capabilities, Ariba Site technology or Ariba Site interface features, made available to You, and the notices and updates sent by Ariba to You are proprietary and confidential information of Ariba and You hereby agree not to share such information with third parties or use such information except to support Your Site Use.

  4. Involvement with Third Parties.
    1. Links to Third Party Sites. The Ariba Site may allow access to other websites. These linked sites are not under the control of Ariba, and Ariba is not responsible for the contents of any linked site. Ariba provides links only as a convenience, and such inclusion of any link does not imply endorsement by Ariba of the site or any part of its contents.

    2. Items of Third Parties. You acknowledge that, except for Items clearly identified as being those of Ariba, Ariba does not operate, control or endorse any Items posted by others on the Ariba Site. Except for Ariba Items, all other Items offered on the Ariba Site are offered by third parties that are not affiliated with Ariba, and Ariba is not responsible for the completeness, accuracy, and/or authenticity of any such Items of a third party. "Items" means all products, services, or information posted on the Ariba Site.

  5. Restrictions on Use. Concerning Your Site Use, You agree not to knowingly: (i) interfere with or attempt to interfere with the proper working of the Ariba Site; (ii) post or transmit to the Ariba Site any unlawful, fraudulent, harassing, libelous, or obscene data; (iii) post or send to the Ariba Site anything that contains a virus, bug, cancelbot, worm, Trojan Horse or other harmful item; or (iv) publish, perform, distribute, prepare derivative works, copy, or reverse engineer the Ariba Site. You also understand that except as expressly set forth in the Agreement, Ariba cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Ariba Site, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

  6. Your Obligations Regarding User Names, Passwords, and Data. You will be solely responsible for:

    1. Keeping Your user name and password confidential. You shall notify Ariba immediately upon learning of any unauthorized use of Your user name or password. For any instruction, communication, or other information ("Transmission") Ariba receives from someone using your user name and password, Ariba is entitled to consider such Transmission as having been sent by You.
    2. Complying with all applicable privacy, consumer and other laws and regulations with respect to Your use of the Ariba Site.
    3. Posting on the Ariba Site only Data for which you have a right to reproduce and disclose to Ariba. You will indemnify Ariba for any third party claim brought against Ariba alleging that Data You posted on the Ariba Site infringes intellectual property laws or other applicable laws.

  7. Actions to Prevent Risk. In order to minimize the legal risk (if any) Ariba may face applicable to Your Site Use, Ariba reserves the right to take any reasonable action with respect to such Site Use Ariba deems necessary or appropriate (such as suspending or terminating Your Site Use if it causes or creates an unreasonable risk to Ariba).

  8. Title. You acknowledge that, as between You and Ariba, all Content on the Ariba Site, excluding third party Items, is (and shall continue to be) owned exclusively by Ariba and its third party suppliers, and is protected under applicable copyrights, patents, trademarks, trade dress, and/or other proprietary rights. Any copying, redistribution, use or publication by You of any such Content or any part of the Ariba Site is prohibited, except as expressly permitted in the Agreement. Under no circumstances will You acquire any ownership rights or other interest in any Content by or through Your Site Use.

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Online Services TOU v2.0
07 July 2006