Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY.



TIBCO SOFTWARE INC. AND ITS AFFILIATES (“TIBCO” OR “WE”) PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN TIBCO AND YOU, AND YOU ACCEPT THEM BY USING OUR WEB SITES LOCATED AT THE URLS HTTP://WWW.TIBCO.COM, HTTP://POWER.TIBCO.COM, HTTP://GI.TIBCO.COM AND/OR ANY OTHER SITE PROVIDED BY US (COLLECTIVELY, THE “SITE”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.



  1. TIBCO Software Inc.: Our Services to You

We are a leading enabler of real-time business and the world’s largest independent business integration software company. The Site offers access to products, support and services downloads, including documentation downloads, tutorials, a knowledge repository, information about special events, and user forums. The Site is intended for use by customers, partners and guest users. TIBCO customers generally have access to the entire Site. However, TIBCO’s Team TIBCO partners and other alliance partners specifically designated by TIBCO (“Partners”) may have access to additional material exclusively for Partners. Guest users have limited access to certain portions of the Site.

  1. Modifications to Terms

We reserve the right, at any time, to modify, alter, update or remove portions of these Terms. Please check them (including our privacy policy (“Privacy Statement”) and all other policies) from time to time as your continued use of the Site signifies your acceptance of any changed items.

  1. User Registration and Access

You agree to (i) provide accurate, current and complete information in any registration form(s); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the registration data and any other information you provide, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to information and registration data using your password and/or identification. You are responsible for all activities that occur under your account. TIBCO will not liable for any loss that you may incur as a result of anyone using your password or account, either with or without your knowledge. However, you could be liable for losses incurred by TIBCO or another party due to someone else using your account or password. You agree that you will not misuse or abuse account access and passwords, including, without limitation, giving access to third parties or allowing third parties to gain access to information from the Site through you. Please see our Privacy Statement for more information on the treatment of your information.

  1. Restrictions On Use Of The Site And Its Content

The Site is owned and operated by TIBCO. All materials appearing on the Site, including the text, video, files, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of TIBCO and its licensors. You may view, download, print and use all or portions of the text and video on the Site solely for your internal use. However, any technical information that you download is also governed by the terms and conditions of your written software license agreement or partnership agreement with TIBCO, whichever is applicable. White papers may be distributed only in connection with the furtherance of TIBCO business in connection with your partnership with TIBCO.
Portions of the Site offer you the opportunity to download software, including but not limited to certain versions and/or editions of TIBCO General Interface™ software and TIBCO Business Studio™ software (collectively, the “Download Software”) as well as files that are uploaded to the Site by users (“Files”). Any Files that you download from the Site, and the Download Software, are governed by the terms and conditions of your written agreement for downloading such Files or the written software license agreement, whichever is applicable.
Except as may otherwise be provided for in a written agreement with TIBCO or with respect to the Files or Download Software you download from the Site, any other copying, modification, reproduction, performance, display, incorporation into any other Web site or other work, mirroring the Site, redistribution, retransmission or publication of any downloaded material is strictly prohibited without TIBCO’s express written consent. You agree not to change or delete any copyright, trademark or other proprietary notices from any documents, files, other content or the Download Software. You must give TIBCO prior written notice if you wish to link any other web page, etc. to the Site. Such notice should be sent to info@tibco.com. We reserve the right to refuse anyone permission to link to the Site, for any or no reason.

  1. Rules of User Conduct

Portions of the Site allow you to post material and/or upload Files. You agree to post, send and receive only messages and material that are proper and related to the Site. By posting information or Files in or otherwise using any communications service, forum, message board, newsgroup, software library or other interactive service that may be available to you on or through the Site, you agree that you will not upload, post or otherwise distribute or facilitate distribution of any content -- including text, Files, communications, software, images, sounds, data or other information (collectively, “Content”) -- that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, embarrassing, disruptive, infringing, obscene, objectionable, fraudulent, invasive of another’s privacy (including stalking), tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates these Terms, the Privacy Statement, or the legal rights of others;
  2. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  3. victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  4. infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
  5. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery, gambling, survey or illegal or unauthorized schemes;
  6. contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  7. interferes with or disrupts our services or servers or networks connected to the Site;
  8. intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, United States export laws and the export and import laws of other countries, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  9. collects or stores personal data about other users; or
  10. impersonates any person or entity, including any employee or representative of TIBCO or otherwise misrepresents your affiliation with a person or entity.
  1. Site Content

TIBCO does not control, screen or endorse communications on the Site and is not responsible for screening or monitoring information or materials posted by users of communications services, forums, chat rooms, message boards, newsgroups, software libraries or other interactive services that may be available on or through the Site. We may or may not elect to screen, monitor or edit Content. We and our agents reserve the right at our sole discretion to review any communication and to take any steps we deem appropriate to restrict, edit or remove any Content that, in our judgment, does not comply with these Terms or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in performing such activities. TIBCO does not guarantee the accuracy, reliability or truthfulness of any material posted by users. Any opinions are those of the user who posted them, not TIBCO’s.
It is your responsibility to take all steps necessary to protect your systems from viruses, worms, and other destructive code, and to backup your systems.

Any Content, including but not limited to questions, comments, suggestions, ideas, data, materials, information or Files, that you provide to TIBCO or are on the Site shall not be regarded as confidential, and neither TIBCO nor any other user has any obligation of any kind to you in connection therewith. TIBCO is free to use, disclose, distribute, display, reproduce, perform, and/or create derivative works from, and to sublicense others to do so, any Content without limitation. TIBCO shall have the right to use any ideas, concepts, know-how, data or techniques contained in any Content for any purpose whatsoever.

  1. Submissions

We welcome your comments and feedback regarding the Site. However, we do not want and cannot accept any ideas, materials or suggestions you, or someone else, consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to TIBCO using the Site or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute these Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions.

  1. License

All Files that are uploaded to the Site become public information. By uploading Files, you grant to TIBCO and all other users a royalty-free, perpetual, irrevocable, nonexclusive, transferable, worldwide license to use, reproduce, modify, publish, translate, distribute, perform and display such Files alone or as part of other works in any form, media or technology, whether now known or hereafter developed. No compensation will be paid for Files.

  1. No Advice or Recommendations

The Site offers information, tools and resources to provide a better understanding of TIBCO’s products and services to customers, potential customers, partners and other affiliates. TIBCO has no obligation to respond to any requests for information or assistance. We may or may not, in our discretion, provide information or assist users of the Site or software. We do not provide business advice through the Site or through any services offered on the Site, including but not limited to, any return-on-investment information, white papers, etc.

  1. Links and Third Party Content

The Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement of the link/site, nor are we responsible for the content of any linked site. You access linked sites at your own risk.
Certain content from third party vendors may be made available as part of the Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.

  1. Termination of Site; Usage; Disclosure

We reserve the right at any time to modify, suspend or terminate the Site or any part thereof. We may also terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Site or is in violation of any applicable law or these Terms. TIBCO is not liable to you or any third party for any modification, suspension or termination of the Site or your access to the Site.  TIBCO reserves the right to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

  1. Disclaimers

The Content and information contained in the Site may contain inaccuracies or typographical errors, and may be changed, updated or removed without notice. We cannot guarantee that the Content or other information provided through the Site will be accurate or up-to-date. We reserve the right without prior notice to discontinue or change the specifications on products and services offered on the Site without obligation. From time to time, we may make suggestions or recommendations about certain products or services. However, we make no guarantee as to your satisfaction with our suggestions or recommendations or that the suggested or recommended products or services will meet your expectations.
THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED BY TIBCO ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TIBCO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE, AND THE INFORMATION, CONTENT, MATERIALS OR VEHICLES INCLUDED ON THE SITE. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
No waiver by either party of any terms of this Agreement, or any breach by the other party of any of the provisions of this Agreement, shall be construed as a waiver of that or any other provision on any other occasion.

  1. Limitation of Liability

TIBCO SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE, ITS CONTENT, MATERIALS OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS LIMITATION WILL APPLY EVEN IF TIBCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TOTAL LIABILITY OF TIBCO WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SITE. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE.

  1. Warranties You Make

By posting Files and/or Content to the Site, you warrant and represent that you own or otherwise control all rights in and to such Files or Content, including the copyright, and that you have the rights necessary to grant the licenses and sublicenses described in these Terms. By posting and/or downloading Files and/or Content to or from the Site, or otherwise accessing the Site, you warrant and represent that you are not located in any U.S. embargoed country, under control of, or a national or resident of, any such country or on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.

  1. Indemnity

You agree to indemnify and hold TIBCO, and its subsidiaries, affiliates, officers, agents, licensors, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another.

  1. Compliance with Laws

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data and software exported from the United States and the export and import laws of the country in which you reside. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms or the Privacy Statement, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms or the Privacy Statement could subject you to criminal or civil penalties.

  1. Special Admonitions for International Use

The Site can be accessed from many countries, and may contain references to TIBCO products, programs and services that have not been announced in such countries. These references do not imply that TIBCO intends to announce or make such products, programs or services available in any particular country.

  1. Applicable Law

The Site is controlled by TIBCO from its offices within the State of California, United States of America. The laws applicable to the interpretation of these Terms shall be the laws of the State of California, USA, without regard to any conflict of law provisions. We make no representation that the Content in the Site is appropriate for access outside of the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

  1. Disputes

You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts of Santa Clara County, California, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms may be brought by either party more than one year after the cause of action has occurred.

  1. Privacy Statement

We consider the privacy of our users to be paramount, and we have developed a privacy policy to protect and inform our users. Our current Privacy Statement available at http://www.tibco.com/privacy.jsp is incorporated herein by reference and made part of these Terms.

  1. Disclosure

You acknowledge, consent and agree that TIBCO may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TIBCO, its customers and the public.

  1. Notices

The Power of Now, TIBCO, TIBCO Software, and TIBCO General Interface are the trademarks or registered trademarks of TIBCO Software Inc. in the United States and other countries. A complete list of TIBCO trademarks is located at http://www.tibco.com. All such trademarks, trade names and service marks are proprietary to TIBCO, and may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits TIBCO, without our written permission. All other trademarks, product names and company names and logos are the property of their respective owners.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, notifications of claimed copyright infringement should be sent to TIBCO’s Designated Agent. If you believe that your work has been copied and is or has been accessible on the Site in a way that constitutes copyright infringement, you may contact our designated agent as provided below:
Legal name and address of TIBCO:
TIBCO Software Inc.
3303 Hillview Avenue
Palo Alto, CA  94304

Please feel free to contact TIBCO to resolve a complaint regarding any aspect of service relating to the Site by writing to TIBCO at the address below, sending e-mail to info@tibco.com or calling (800) 420-8450. Upon your request, you may have these Terms sent to you by e-mail.

  1. How to Contact TIBCO:

Email: info@tibco.com
Phone: (800) 420-8450
U.S. Mail: TIBCO Software Inc.
3303 Hillview Avenue
Palo Alto, CA 94303
Copyright© 2004-2007 TIBCO Software Inc. Any rights not expressly granted herein are reserved.

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