- COPYRIGHT NOTICE. Copyright 1995-2013 Ariba, Inc. All Rights Reserved.
Claims of Copyright Infringement. Ariba considers itself an online service provider under Subsection 512(c) of the Digital Millennium Copyright Act, Title 17 of the U.S. Code and has this notice in place to address claims of copyright infringement on Ariba internet services. If you believe that material on an Ariba Site or service infringes your copyright, you may submit a notification to Ariba's designated agent to receive copyright notices:
RE: Copyright Infringement Claim
Attn: Ahmed Rubaie
Office of the CFO
910 Hermosa Court
Sunnyvale, CA 94085
Please provide the following information with your notification:
- The name and contact information of the complaining party,
- Sufficient information to identify the copyrighted work or works,
- The allegedly infringing material and its location on an Ariba website or service,
- A statement by the rights holder that it has a good faith belief that there is no legal basis for the use of the materials complained of,
- A statement of the accuracy of the notification and, under penalty of perjury, that the complaining party is authorized to act on behalf of the rights holder, and
- The notification must be signed physically or using an electronic signature by the rights holder or person authorized to act on behalf of the holder of the exclusive right that is allegedly infringed.
- TRADEMARK NOTICE
"Ariba, Inc.", "Ariba", the Ariba, Inc. logo, and "Ariba.com" are trademarks and/or service marks of Ariba or Others. For additional information on Ariba trademarks and service marks, please see www.ariba.com/trademarks.cfm. Unless otherwise noted on the Site, all other trademarks, service marks, and logos used in this Site are the trademarks, service marks or logos of their respective owners.
LICENSE GRANT & OWNERSHIP BY ARIBA
- License. Subject to the terms and conditions of this Agreement, and until termination of the Agreement, Ariba grants you a non-exclusive, non-transferable, limited license to view or print the Ariba's Content in this Site without alterations, for personal, non-commercial use only. This limited license does not apply to any media or platform other than that of the current Site.
- Ownership. As between You and Ariba, other than any User Posting that You contribute to the Site (see Section 6 below), all Content on the Site is (and shall continue to be) owned exclusively by Ariba or Others, and is protected under applicable copyrights, patents, trademarks, trade dress, and/or other proprietary rights, and the copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your Site Use.
- RESTRICTIONS ON USE
- Prohibited Acts. Concerning your Site Use or any Content, you agree not to knowingly: (i) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site; (ii) post or transmit to the Site any unlawful, fraudulent, harassing, libelous, or obscene Information of any kind; (iii) post or send to the Site any Information that contains a virus, bug, or other harmful item; (iv) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Content (other than as expressly permitted herein); (v) post or transmit into or on the Site any Information in violation of another party's copyright or intellectual property rights; (vi) take any action which imposes an unreasonable or disproportionately large load on Ariba's infrastructure; (vii) redeliver any of the Content using "framing", hyperlinks, or other technology without Ariba's express written permission; or, (viii) use any device or technology to provide repeated automated attempts to access password-protected portions of the Site or, (ix) engage in any marketing or advertising activities, other than with Ariba's express consent, or, (x) to falsely represent your identity on the Site.
- Right to Regulate & Law Compliance. You acknowledge that Ariba has the right, but no obligation, to monitor the Site and to disclose any Information necessary to operate the Site, to protect Ariba, Others, and Ariba's customers, and to comply with legal obligations or governmental requests. Ariba reserves the right to refuse to post or to remove any Information on the Site, in whole or in part, for any reason. You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your Site Use.
- YOUR SITE USE ACTIVITIES
Password-Protected Areas. If you are allowed access to password-protected areas of the Site, you agree to keep your password confidential, to send Notice to Ariba within 24 hours if your password is compromised. You acknowledge that Ariba neither endorses nor is affiliated with any Linked-Site and is not responsible for any information that appears on the Linked-Site. You acknowledge that (i) the internet is a network of computers worldwide, and that any Information submitted by you to Ariba necessarily is routed via third party computers to Ariba, (ii) Ariba is not responsible for lapses in online security and does not assume liability for improper use of your Information by a third party.
- SUBMISSIONS OF INFORMATION BY YOU
Grant of License to Ariba. If you submit Information to the Site(e.g., in chat rooms or customer ratings and review areas which may include data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Posting")., you grant Ariba an irrevocable, nonexclusive, worldwide, royalty-free license (sublicensable through multiple tiers) to (in any media now known or not currently known or invented) link to, utilize, use for any purpose, copy, exploit, and prepare derivative works of the submitted Information. No Information you submit shall be deemed onfidential. However, you agree that Ariba may use, process and display your personally identifiable information in accordance with the terms of Ariba’s Web Site Privacy Statement at www.ariba.com/legal/privacy.cfm. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO ARIBA. You agree that you are solely responsible for all of your User Postings and understand that you may not have recourse to edit or remove your User Postings. You consent to having your personal data transferred to and processed in the United States. You will indemnify and hold harmless Ariba, Inc. and its suppliers against any legal claim by a third party based upon the content of your User Posting. By submitting a User Posting, you represent and warrant that:
- you are at least 13 years old;
- you own all rights in your User Postings (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Postings) or, alternatively, you have acquired all necessary rights (including all payment of any kind arising from the exploitation of the User Posting) in your User Postings to enable you to grant to Ariba the rights in your User Postings described herein;
- you are the individual pictured and/or heard in your User Postings or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Postings to grant the rights to Ariba described herein;
- your User Postings do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all "moral rights" that you may have in your User Posting;
- any information contained in your User Posting is not known by you to be false, inaccurate, or misleading;
- your User Posting does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your User Posting is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Posting;
- your User Posting does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your User Posting does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Posting does not contain any information that you consider confidential, proprietary, or personal; and
- your User Posting does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- APPLICABILITY & COOPERATION
Ariba reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it so desires, or as required by law. Ariba in its sole discretion may add, delete or change the Content at any time, without notice to you.
- RESTRICTED RIGHTS & EXPORT CONTROLS
Government Use. The software and documentation available on the Site are "commercial items," as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and related documentation, as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein. You acknowledge and agree to comply with all U.S. laws, regulations and requirements applicable to the export of U.S. origin products and technology.
- LIMITED WARRANTY AND DISCLAIMER
- DISCLAIMER OF WARRANTY. ARIBA AND ALL OTHERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THIS SITE, AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS "AS IS" AND "AS AVAILABLE", WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM ALL WARRANTIES BY ARIBA RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ARIBA OR OTHERS 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 SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- CONTACTING ARIBA. Should you desire to contact Ariba, you may do so at: Ariba, Inc., 910 Hermosa Court, Sunnyvale, CA 94085. Phone: (650) 390-1000. Email. email@example.com.
- FORWARD-LOOKING STATEMENTS.
Some of the information on this web site may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. We refer you to the documents the Company files from time to time with the Securities and Exchange Commission, specifically, the Company's Registration Statement on Form S-1. These documents contain and identify important factors that could cause actual results to differ materially from those contained in our projections or forward-looking statements.
- Location & Interpretation. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
- Equitable Relief. You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to Ariba or Others and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, Ariba and Others will be entitled to injunctive relief for any breach of this Agreement.
- Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
- d. Complete Integration. This Agreement constitutes the entire agreement between you and Ariba pertaining to the subject matter hereof, and serves as an absolute integration thereof. You agree to review this Agreement prior to any Site Use, and each Site Use by you shall constitute and be deemed your unconditional acceptance of this Agreement. This Agreement may be prospectively modified by Ariba, by posting a revised Agreement on the Site.
- Termination. The Agreement may be terminated by either Party, in its sole and absolute discretion, at any time and for any reason (with or without cause), with or without notice. If the Agreement is terminated, you agree to cease all Site Use and, upon request by Ariba, to return all Information in your possession relating to the Site, and all copies thereof.
- Survival of Certain Provisions. Any and all provisions or obligations contained in this Agreement which by their nature or effect are required or intended to be observed, kept or performed after termination of this Agreement will survive the termination of this Agreement and remain binding upon and for the benefit of the parties, their successors and permitted assignees.
- Waiver. No delay or omission to exercise any right or remedy accruing to Ariba upon any breach or default by you shall constitute a waiver by Ariba of any breach or default.
- Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Agreement.
- No Agency. You and Ariba are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- Conflicts. If this Agreement conflicts with a provision of any other contract between you and Ariba relating to the Site, the provision in such other Agreement shall govern.
The following terms, when used in this Agreement, shall have the following meanings.
"Content". The term "Content" means all Information, data, or other material, in any form or media, contained in, obtained from, or relating to the Site, including all results obtained from the Site and any User Postings.
"Content Providers". The term "Content Providers" means both Ariba and Others.
"Information". The phrase "Information" includes all data, information, documents, files, personally-identifying information, and software disclosed by one party to the other in connection with the Site or your Site Use.
"Linked-Site". A "Linked-Site" means any internet site (including all information, data, and content thereon) that is linked to the Site, but not owned by Ariba.
"Notice". The phrase "Notice" refers to the sending of Information by you to Ariba via certified mail, return receipt requested, to Ariba at the address noted in section 10 above.
"Others". The terms "Others" means Ariba's direct or indirect licensors, Ariba's affiliates, or other contributors to the Site (other than Ariba).
"Site". The term "Site" means any Ariba internet site, page (and all sub-pages), uniform resource locator ("URL"), domain location, and all Information and Content thereon.
"Site Use". The term "Site Use" means your use of or access to the Site.
* * *