PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE CONVERA WEBSITE. YOUR USE OF OR ACCESS TO THE CONVERA WEBSITE CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF USE THEN IN EFFECT.
1. Definitions.
"Convera Websites" is a term which refers to the interactive websites operated by the Convera Corporation, including its affiliates and subsidiaries ("Convera") on the World Wide Web of the Internet, consisting of information services and content provided by Convera, affiliates of Convera and other third parties. Convera Websites include, but are not limited to, www.convera.com and www.KnewWorld.com. “User” means both: 1) any person or entity who establishes or accesses a connection ("Account") for access to and use of the Convera Website, and 2) each person who utilizes functions of the Convera websites which do not require registration. The Convera Websites’ "Terms of Use" described herein shall govern any and all uses hereof by any and all Users. This Terms of Use shall be deemed effective as of the Effective Date set forth below.
2. General.
(A) This Terms of Use, which incorporates by reference other provisions applicable to use of the Convera Websites, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in the Convera Websites, sets forth the terms and conditions that apply to use of the Convera Websites by User. By using the Convera Websites (other than to read this Terms of Use for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use the Convera Websites is personal to User and is not transferable to any other person or entity. User shall be responsible for protecting the confidentiality of User's password(s), if any.
(B) Convera shall have the right at any time to change or discontinue any aspect or feature of the Convera Websites, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(C) THE CONVERA WEBSITES ARE NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. THEREFORE, PERSONS UNDER 13 YEARS OF AGE ARE NOT PERMITTED TO REGISTER FOR ANY SERVICES OR REQUEST ANY INFORMATION ON THE CONVERA WEBSITES.
(D) By submitting information about a User or a User's business, the User agrees and consents to Convera's commercial use of such information. The Convera Websites will not monitor, edit, or disclose to third parties any personal information about a User or a User's use of any services or information contained on the Convera Websites, without a User's prior permission unless Convera has a good faith belief that such action is necessary to:
1. Conform to legal requirements or comply with legal process;
2. Protect and defend the rights or property of the Convera Websites;
3. Enforce this Terms of Use; or
4. Act to protect the interests of others.
3. Changed Terms.
Convera shall have the right at any time to change or modify the terms and conditions applicable to User's use of the Convera Websites, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Convera Websites, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Convera Websites by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
4. Equipment.
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Convera Websites and all charges related thereto.
5. User Conduct.
(A) User shall use the Convera Websites for lawful purposes only. User shall not post or transmit through the Convera Websites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Convera’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Convera’s discretion restricts or inhibits any other User from using or enjoying the Convera Websites will not be permitted. User shall not use the Convera Websites to advertise or perform any commercial solicitation, including, but not limited to, solicitations intended to be competitive with the Convera's products and services.
(B) The Convera Websites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Convera Websites are copyrighted as a collective work under the United States copyright laws. Convera owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Convera and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on the Convera Websites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Convera Websites, User automatically grants, or warrants that the owner of such material has expressly granted Convera the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Convera the right to edit, copy, publish and distribute any material made available on the Convera Websites by User.
(D) The foregoing provisions of Section 5 are for the benefit of the Convera, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT USE OF THE CONVERA WEBSITES IS AT USER'S SOLE RISK. NEITHER CONVERA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONVERA WEBSITES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONVERA WEBSITES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE CONVERA WEBSITES.
(B) THE CONVERA WEBSITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT CONVERA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL CONVERA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE CONVERA WEBSITES OR THE SOFTWARE UTILIZED ON THE CONVERA WEBSITES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE CONVERA WEBSITES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE CONVERA WEBSITES.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER CONVERA NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE CONVERA WEBSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. CONVERA, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. CONVERA DOES NOT, NEITHER DIRECTLY NOR ON BEHALF OF ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY, SECURITY, QUALITY, SYSTEM INTEGRATION, OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
Convera shall have the right, but not the obligation, to monitor the content of the Convera Websites to determine compliance with this Terms of Use and any operating rules established by Convera and to satisfy any law, regulation or authorized government request. Convera shall have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Convera Websites. Without limiting the foregoing, Convera shall have the right to remove any material that Convera, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
User agrees to defend, indemnify and hold harmless Convera, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Convera Websites by User or User's Account.
9. Termination.
Convera may terminate this Terms of Use at any time. Without limiting the foregoing, Convera shall have the right to immediately restrict or forbid the use of the Convera Websites in the event of any conduct by User which Convera, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Terms of Use. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 9, 10, 12, 13, 14, 15, and 16 shall survive termination of this Terms of Use.
10. Trademarks.
Convera®, the Convera design logo, Screening Room®, RetrievalWare®, Excalibur, Govmine, baseRelevance, TrueKnowledge Platform, TrueB2B, TrueEnterprise, TrueDiscovery, TrueWeb, and KnewWorld are trademarks of the Convera Corporation or its wholly owned subsidiary, the Convera Technologies, Inc. All rights reserved. All other trademarks appearing on the Convera Websites are the property of their respective owners.
11. Third Party Content.
Convera, through its operation of the Convera Websites, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Convera has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and Users of the Convera Websites, are those of the respective author(s) or distributor(s) and not of Convera. Neither Convera nor any third-party provider of information guarantees the accuracy, completeness, quality, system integration or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the Convera Websites represents the opinions and judgments of the respective information provider, or User. Such entities are not under contract and Convera neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Convera Websites by anyone other than authorized Convera employee spokespersons acting in their official capacities. Under no circumstances will Convera be liable for any loss or damage caused by a User's reliance on information obtained through the Convera Websites. It is the responsibility of User to evaluate the accuracy, completeness, quality, system integration or usefulness of any information, opinion, advice or other content available through the Convera Websites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This Terms of Use and any operating rules for the Convera Websites established by Convera constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Terms of Use shall be construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any dispute relating to this Terms of Use shall be adjudicated exclusively in the state courts of the Commonwealth of Virginia or the U.S. District Court for Eastern District of Virginia, Alexandria Division. Use of the Convera Websites constitutes a voluntary and knowledgeable waiver of any claim of forum non conveniens with respect to the exclusive fora and to lack of personal jurisdiction in the Commonwealth of Virginia. Any part of these Terms of Use that is found by a court of competent jurisdiction to be invalid or unenforceable will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties.
13. International Use.
By choosing to access the Convera Websites from any location other than the United States, a User accepts full responsibility for compliance with all local laws. Users are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.
14. Linking to Third Party Sites.
The Convera Websites may provide Users with links to third-party Internet sites. Users assume full responsibility when they choose to follow any links on the Convera Websites that lead to third-party sites. Convera takes no responsibility for the content of or for transactions involving third-party sites to which it links. The inclusion of a link to a site does not necessarily imply endorsement of the site by Convera or any association with its operators.
15. Copyrights and Copyright Agent.
Convera respects the rights of all copyright holders and in this regard, Convera has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Convera's Copyright Agent with the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Marc S. Martin, Esq.
Kirkpatrick & Lockhart Nicholson Graham LLP
1601 K Street, N.W., Washington, DC 20006
Email: mmartin@klng.com
For any questions or requests other than copyright issues, please contact info@convera.com.
EFFECTIVE DATE: 12/21/2000, Last Revised 8/31/2006.