Arena Solutions SERVICES AND APPLICATIONS TERMS
Arena Solutions, Inc. ("Arena Solutions") provides you through the site labs.arenasolutions.com ("Site") access to the services shown on the Site ("Services") including utilities and readers ("Applications"). Arena Solutions is providing the Services and Applications as an accommodation to users of the Arena PLM services ("PLM Services") as well as third parties. The following are the terms and conditions ("Terms") for use of the Services and Applications provided through this Site. Please read them carefully. These Terms do not apply to, and you are not granted by these Terms any right to access or use, the PLM Services.
BY USING THE FUNCTIONALITY OF THIS SITE OR ANY SERVICE OR USING OR DOWNLOADING ANY APPLICATION, YOU ARE AGREEING TO BE BOUND BY ALL OF THESE TERMS.
IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE THE WORDS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE FUNCTIONALITY OF THIS SITE OR SERVICES OR APPLICATIONS.
1. License. Subject to the other provisions of these Terms, you are hereby granted a personal, nontransferable and non-exclusive license to use the Services and Applications for the purposes indicated in the materials on the Site describing or accompanying such items. You understand that Arena Solutions may, at its sole discretion, limit, deny, or create different levels of use or charges for different users, or cancel some or all of the functionality of the Services or Applications at any time and without prior notice. If you are using a Service or an Application to access third party content, you understand and agree that you may only access such content to the extent authorized by such third party.
2. Ownership. Arena Solutions and/or its licensors own all right, title and interest, including intellectual property rights, in and to the Site, Services and Applications. You acknowledge that no title to the intellectual property in the Site, Services or Applications is transferred to you. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information you provide to Arena Solutions relating to the Site, Services or Applications are owned exclusively by Arena Solutions. You hereby assign such rights to Arena Solutions. Arena Solutions reserves all rights not expressly granted hereunder. You agree that you will not attempt to, nor authorize others to, reverse engineer, reverse compile, disassemble, modify, adapt, translate, create derivative works from, sell, rent, lease, loan, time-share, distribute, sublicense or provide service bureau services by using, the Services or Applications, in whole or in part. You also agree that you will not "frame" or "mirror" the Site, or any Service, or any content contained therein.
3. General Conduct. You agree to abide by these Terms and all applicable local, state, national and foreign laws and regulations in connection with the Site, Services and Applications. In addition you agree to not: (a) use the Service to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest or collect information about the users of a Service or the Site or use such information for the purpose of transmitting or facilitating the transmission of unsolicited bulk electronic mail or communications; (c) use the Site, Services or Applications to transmit or post unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) use the Site, Services or Applications to transmit or post any material that may infringe or violate the intellectual property rights or other rights of third parties, including patents, trademarks, copyrights or rights of publicity; (e) use the Site, Services or Applications to transmit or post any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, and cancelbots; (f) interfere with or disrupt servers or networks connected to the Site, Services or Applications or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Site, Services or Applications, other accounts, computer systems or networks connected to the Site or a Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Site, Services or Applications. Without Arena Solutions' prior written consent, you may not access or use the Services or Applications (i) if you are a direct competitor of Arena Solutions; (ii) to monitor the availability, performance or functionality of the Services or Applications; or (iii) for benchmarking or any other competitive purpose.
5. User Accounts and Information. If a user account is required for you to access a Service or download or use an Application, then you must establish such an account and be registered with Arena Solutions. User accounts cannot be "shared" or used by more than one individual. You agree to submit accurate, current and complete information about you and your organization, and to promptly update such information. Should Arena Solutions suspect that such information is inaccurate, incomplete or not current, Arena Solutions has the right at its discretion to suspend or terminate your account and use of all Services.
6. Passwords. If you have an account, you will have a personal password for such account. Arena Solutions has no obligations with regard to the use of such password by third parties. You agree to notify Arena Solutions as soon as commercially reasonable if you have any reason to believe that the security of your account has been compromised.
7. Security. Arena Solutions uses commercially reasonable practices to maintain the integrity of the data you store using a Service or an Application ("Data"). When accessing Data, Transport Layer Security (TLS, also known as Secure Sockets Layer or SSL) is used to protect your information using both server authentication and data encryption, ensuring that your Data is safe, secure, and available only to you. In addition, Arena Solutions is hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders.
8. Data. You, not Arena Solutions, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data transmitted through, or posted using, any Service or Application. Arena Solutions shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of any Data or for the failure to store any Data.
10. Support and Scheduled Maintenance. Arena Solutions will provide to you, in connection with the Services and Applications, such support as Arena Solutions deems appropriate. Arena Solutions reserves 10:00 AM to 12:00 Noon (Pacific Time) every Sunday morning for regular system maintenance, upgrades and new feature releases. If additional scheduled downtime is needed it typically will occur between 9:00 PM Friday and 12:00 Noon (Pacific Time) Sunday and will be announced by posting on this Site.
11. Term and Termination. Your right to use all Services and Applications automatically terminates upon your breach of these Terms. In addition, Arena Solutions may terminate for any reason or no reason the licenses granted hereunder and the availability of the Site, any Service or any Application. Upon the termination of your right to use any Service or Application for any reason (a) all of the related licenses granted to you under these Terms immediately terminate and you must delete any Application as to which your license has terminated, (b) your right to access such Service or Application as well any related Data immediately ceases, and (c) Arena Solutions shall have no obligation to maintain any Data stored in a terminated account or to forward any Data to you or any third party. Sections 2, 9, 11, 12, 13, 14, 15, 19, and 20 will survive the termination of these Terms.
12. Warranty Disclaimer. Arena Solutions IS PROVIDING THE SITE, THE SERVICES AND APPLICATIONS AND ANY RELATED SUPPORT ON AN "AS-IS" BASIS. Arena Solutions MAKES NO EXPRESS, STATUTORY OR IMPLIED WARRANTIES AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS RELATED TO THESE TERMS, THE SITE, THE SERVICES, APPLICATIONS AND ALL PERFORMANCE HEREUNDER. Arena Solutions DOES NOT WARRANT THAT THE SITE, THE SERVICES, APPLICATIONS OR RELATED SUPPORT SHALL BE UNINTERRUPTED OR ERROR FREE, AND MAKES NO WARRANTIES REGARDING THE COMPLETENESS, ACCURACY OR AVAILABILITY OF THE SITE, THE SERVICES, APPLICATIONS OR SUPPORT. NEITHER Arena Solutions NOR ITS SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OF ANY MATERIALS OR OTHER INFORMATION PROVIDED ON OR THROUGH THE SITE, THE SERVICES, APPLICATIONS OR RELATED SUPPORT. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THESE TERMS.
13. Limitation of Liability. NEITHER Arena Solutions NOR ITS LICENSORS SHALL BE LIABLE UNDER ANY THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, EVEN IF Arena Solutions OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IF UNDER APPLICABLE LAW THE FOREGOING DISCLAIMERS OF DAMAGES ARE NOT ENFORCEABLE, THEN THE ABOVE LIMITATIONS SHALL BE DEEMED REFORMULATED TO LIMIT Arena Solutions' LIABILITY TO THE MINIMUM AMOUNT PERMITTED BY APPLICABLE LAW. THESE DISCLAIMERS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THESE TERMS. Some jurisdictions prohibit the exclusion or limitation of liability for damages, so the above limitations may not apply to you and you may have other legal rights that vary by jurisdiction.
14. No Liability for Hazardous Uses. WITHOUT LIMITING THE FOREGOING, Arena Solutions HAS NO LIABILITY, INCLUDING LIABILITY FOR DAMAGES, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF ANY USE OF THE SITE OR ANY SERVICE OR APPLICATION IN, OR IN CONNECTION WITH THE DESIGN OF, ANY HAZARDOUS OR HIGH-RISK ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING NUCLEAR FACILITIES, AIRCRAFT-NAVIGATION OR AIRCRAFT-COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, STOCK EXCHANGES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SITE OR ANY SERVICE OR APPLICATION COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, SEVERE PHYSICAL OR PROPERTY DAMAGE, OR MATERIAL FINANCIAL LOSS. YOU AGREE TO NOT USE THE SITE OR ANY SERVICE OR APPLICATION IN CONNECTION WITH ANY SUCH HAZARDOUS OR HIGH-RISK ENVIRONMENTS.
15. Indemnification. You hereby agree to indemnify and hold harmless Arena Solutions and its suppliers and licensors against any claim, damage, loss, liability or expense, including attorneys' fees, arising out of your use of the Site or any Service or Application in any way contrary to these Terms or your infringement of the intellectual property rights of others.
16. Modification of Terms. Arena Solutions reserves the right at its discretion to change these Terms and its policies relating to the Services and Applications at any time and shall notify you by posting an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. Continued use of the Services or Applications after any such changes shall constitute your consent to such changes.
17. Notice of Copyright Infringement. Arena Solutions takes seriously claims of copyright infringement related to this Site and materials posted thereon. Arena Solutions will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act. For more information, click here.
18. Notices. All notices, requests or other communications required to be given under these Terms must be in writing. Arena Solutions may give notice by means of a general notice on the Site, by electronic mail to your email address on record in Arena Solutions' account information, if any, or by written communication sent by pre-paid post to your address on record in Arena Solutions' account information. You may give notice to Arena Solutions by email or pre-paid post to the following addresses, as may be updated from time to time in these Terms:
Arena Solutions, Inc.
4100 East Third Avenue
Foster City, CA 94404
Email Address: email@example.com
A general notice on the Site shall be deemed to have been served the next time you log on to the Site or the Service. A notice shall be deemed to have been served (if sent by pre-paid post) upon the expiry of 48 hours after mailing and (if sent by email) upon the expiry of 12 hours after dispatch.
19. Arbitration. Any dispute or claim arising out of or in connection with these Terms or the use of the Site or any Service or Application, will be finally settled by binding arbitration to be conducted in Foster City, California (or at such other location as the parties may agree) under the commercial arbitration rules then prevailing of the American Arbitration Association by one arbitrator appointed in accordance with those rules. The arbitrator will apply the law specified in Section 20 to the merits of any dispute or claim. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator may grant permanent injunctions or other relief in such dispute or claim; provided that the arbitrator may not grant licenses to any intellectual property owned by either party nor may the arbitrator award punitive damages. Notwithstanding the foregoing, without breach of this arbitration provision either party may apply to any court of competent jurisdiction to collect amounts due, for temporary injunctive relief, or to enforce such party's intellectual property rights.
20. General Provisions. These Terms shall be governed by the laws of the State of California, without application of conflicts of laws principles. If any provision of these Terms is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby. If you use a Service or Application outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of the United States and other applicable countries and jurisdictions. No waiver by either party of the breach of these Terms will be valid or binding unless made in writing and signed by the party prejudiced thereby. These Terms constitute the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written agreements concerning such subject matter. You may not assign or transfer these Terms, your rights hereunder or the Applications without Arena Solutions' prior written consent.
Registration and Billing Information: When a visitor to the Site registers to become a user of the Services or requests more information about the Services, we require that the visitor provide contact information such as their name, e-mail address and company name and, when applicable, billing information such as billing address and credit card number. We may also ask visitors, users, or prospective users of the Services for additional personal information such as title, department name or fax number, or additional company information such as annual revenues, number of employees or industry.
Users and visitors can opt out of providing this additional information by not entering it when asked. However, failure to provide certain requested information may impact a user's or a visitor's ability to access the Site and Services.
Log Data and Activity Tracking: Arena Solutions collects certain information from visitors to the Site and users of the Services and Applications, such as Internet addresses, browser types, referring domains, time stamps (time page accessed as well as time spent per web page), geographic information, search engine data, order of pages viewed as well as the specific pages the visitor has requested. This information is logged for marketing purposes and to help diagnose technical problems and administer the Site, Services and Applications in order to constantly improve the quality of the Services and Applications. We may also track and analyze non-identifying activity and aggregate usage-and-volume statistical information from visitors and users, and provide such information to third parties.
Web beacons: Web beacons are electronic objects embedded in a web page to allow checking that a user has accessed the page. Arena Solutions uses web beacons alone or in conjunction with cookies to help us understand the behavior of visitors to the Site and the Services and to improve the Site and the Services and our email communications.
Invite a Third Party: If a user elects to invite a third party to review and provide input on the data it has entered as part of the Services, then the user will need to provide the name and e-mail address of each such third party. Arena Solutions will automatically send the third party an e-mail inviting him or her to become a user in order to review and provide input on the requesting user's data. We may also call the third party with information about our products and services.
Arena Solutions uses the information that we collect to set up the Services for users and to improve the Site. We may also use the information to contact users and visitors to further discuss their interest in the Site and the Services, or to send users and visitors information regarding Arena Solutions or its partners, such as promotions and events. To opt out of receiving such information, users and visitors can send an email to firstname.lastname@example.org with the word "unsubscribe" in the subject field. We may also e-mail to users information regarding updates to the Services or the Site.
All financial and billing information collected through the Site is used solely to check the qualifications of prospective users and to bill for the Services. This billing information is not used by Arena Solutions for marketing or promotional purposes. Other third parties, such as content providers, may provide content on the Site or the Services, but they are not permitted to collect any information, except as provided in the Sharing of Information section below. To facilitate mailings to our users and visitors, Arena Solutions may provide the necessary mailing information to bonded third-party contractors who perform the mailing on our behalf.
Sharing of Information
Arena Solutions may share aggregated demographic information with partners and advertisers. This is not linked to any personal information that can identify an individual person.
Arena Solutions may use a credit card processing company to bill users for Services. This company will not retain, share, store or use personally identifiable information for any purpose other than as needed to perform such billing.
Arena Solutions may partner with other parties to provide specific events, materials or services. If a user registers for these events or elects to receive such materials or services, we may share names and other contact information that is necessary for the third party to provide these events, materials or services. In addition, Arena Solutions may provide the third party such other information as a user provides to Arena Solutions in connection with the specific event, material or service.
Links to Other Sites
Arena Solutions takes every precaution to protect our users' and visitors' information and data against loss, misuse and alteration. As a web-native application, our success will be predicated on the security of that information and data. We use standard industry practices as outlined in our security statement to help prevent unauthorized use of, access to or alteration of visitor and user information and hosted data. These practices include the appropriate use of firewalls, SSL encryption, system redundancies, and co-location at a 24/7 secured, controlled environment.
Whenever visitors or users submit requests for more information or services from us, they may opt out of entering certain fields. However, such decision may affect the ability to use portions of the Site and the Services and Applications. If you receive marketing or similar e-mail messages from us and wish to opt out of receiving such messages, then you may simply follow the opt-out procedure specified in such e-mail. If you post a comment on the Arena Blog and want your comment removed, email your request to email@example.com with "remove blog comment" in the subject field.
Updating Contact Information
We encourage our visitors and users to update and edit their contact information and keep it current. Users can easily correct or update their contact information at any time through the Services or by emailing firstname.lastname@example.org.
Notice of Changes
Last Updated on 5/02/2011