Telligent reserves the right to modify these Terms, or change or remove features of Telligent Websites. We will notify you of any material change to these Terms by sending you an email or by posting a notice of the modification on Telligent Websites. If we make a material change, you may terminate this agreement within 30 days of us sending you the email or posting the notification. Your continued use of Telligent Websites after the date of the modification shall be deemed acceptance of the modified Terms or agreement, as applicable. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Telligent Websites. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please see the applicable agreement or notice.
To the extent that Telligent provides for the download of proprietary Telligent software or open source software from Telligent’s Websites (“Software”), such Software is protected by the applicable copyright, patent, or other intellectual property rights of either Telligent or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.
All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.
Telligent reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Telligent will be collectively referred to as “Telligent Marks.”
No employee or other representative of Telligent is authorized to grant permission to use Telligent Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to Telligent Marks by a Telligent employee in the absence of a formal written agreement cannot be relied upon.
The Telligent Marks are highly valued intellectual property, and therefore Telligent will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Telligent Marks or which are likely to cause confusion with Telligent Marks.
If a formal written agreement licenses one or more of the Telligent Marks, unless the agreement provides other authorization, the use will be in accordance with the guidelines posted on Telligent’s Partner Portal.
Telligent does not object to the use of the Telligent Marks (other than logos) to refer specifically to the products of Telligent. However, a purely referential use or nominative fair use of the Telligent Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.
In the United States, registered Telligent Marks should be designated by the symbol “®”, while unregistered Telligent Marks should be identified by a “™” designation. The Telligent Marks must be used as adjectives, rather than as nouns or verbs.
Linking To Telligent Websites
Linking to the Telligent Websites (including an internal or subsidiary page of any website comprising a part of the Telligent Websites) must be approved in writing by Telligent, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
- does not utilize content of a Telligent Website;
- does not utilize a Telligent logo;
- does not use framing of a Telligent Website;
- does not misrepresent an affiliation or other relationship with Telligent;
- does not misrepresent any possible endorsement by Telligent;
- does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
- is promptly modified to delete the hyperlink upon request by Telligent.
Except where otherwise specified, the contents of the Telligent Websites are copyright (c) 2016 Telligent a Verint Company, Inc., 2595 Dallas Parkway Suite 104 Frisco, Texas 75034, USA. All rights reserved.
The contents of the Telligent Websites are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the Telligent Websites, except as necessary to view the Telligent Websites.
Please direct any questions or comments to Telligent at firstname.lastname@example.org
Links to Third Party Sites
Links on the Telligent Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Telligent Websites. Telligent does not endorse or make any representations about such third party websites, and Telligent is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Telligent does not control those websites, and Telligent is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
Telligent protects its technology vigilantly and permits others to use it by virtue of license agreements. The use or distribution of Telligent software without permission from Telligent is software piracy. Telligent distributes and sells its product through a channel network of distributors and resellers worldwide. Telligent does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators. If you are contemplating or have obtained Telligent software through one of these avenues, you likely will find yourself with pirated software. Please contact Telligent here for assistance with your own or another’s unauthorized use of Telligent software.
You agree to indemnify, defend and hold harmless Telligent, its subsidiaries, and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Telligent Websites or violation of these Terms. Telligent reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Telligent’s defense of such claim, and in no event may you agree to any settlement affecting Telligent without Telligent’s written consent.
When you visit the Telligent Websites or send e-mails to Telligent, you are communicating with Telligent electronically. We may respond to you by e-mail or by posting notices on the Telligent Websites. You agree that all such notices, disclosures and other communications that Telligent provides to you electronically satisfy any legal requirement that such communications be in writing.
United States Government Rights
All Telligent products and publications are commercial in nature. The software, publications and software documentation available on the Telligent Websites are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, Telligent’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.
Information on the Telligent Websites is not promised or guaranteed to be correct, current or complete, and the Telligent Websites may contain technical inaccuracies or typographical errors. Telligent assumes no responsibility (and expressly disclaims responsibility) for updating the Telligent Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Telligent Websites. Telligent provides no assurances that any reported problems will be resolved by Telligent, even if Telligent elects to provide information with the goal of addressing a problem.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE TELLIGENT WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. TELLIGENT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TELLIGENT MAKES NO WARRANTY THAT THE TELLIGENT WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE TELLIGENT WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL TELLIGENT BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE TELLIGENT WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF TELLIGENT HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Telligent may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Telligent’s liability shall be the minimum permitted under such applicable law.h3