Terms for Use of WebEx Services
IMPORTANT-READ CAREFULLY: YOUR USE OF THE WEBEX WEBSITE, WEBEX SERVICES AND ASSOCIATED SOFTWARE (THE "SERVICES") IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.
This is a legal agreement between you (either an individual or entity) and WebEx Communications, Inc. ("WebEx"), for use of the Services, media, printed materials, and "online" or electronic documentation. If you or your company have an existing written agreement with WebEx, the written agreement will control your use of the Services. Otherwise, you agree to be bound by and become a party to all the terms of this Agreement by joining, or initiating a meeting supported by the Services.
If you do not agree with the terms of this Agreement, do not use, or join any meeting supported by, the Services.
Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
2. RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS. You agree that you are solely responsible for the content of all visual, written or audible communications sent by you. You agree that you will not use the Services to send unsolicited mass mailings outside your company or organization. You further agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although WebEx is not responsible for any such communications, WebEx may delete any such communications of which WebEx becomes aware, at any time without notice to you.
3. RIGHT TO USE. Subject to the terms and conditions of this Agreement, WebEx grants you only the right to use the Services, in accordance with this Agreement. You receive no rights to, modify, or reproduce, the Services or any associated software.
4. NO COMMERCIAL USE. Other than using the Services for conferences or meetings in which you are an active participant, and as permitted under the terms and conditions of this Agreement or other written agreements between you and WebEx, you may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use to operate a Web-site or otherwise generate income from the Services.
5. COPYRIGHT. WebEx and/or its suppliers, as applicable, retain ownership of all proprietary rights notices and marks in, or displayed by, the Services. You will not remove, deface or obscure any of WebEx's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services.
6. TERMINATION. You may terminate this Agreement at any time by providing written notice to WebEx. If you fail to comply with any term of this Agreement, WebEx may terminate this Agreement without notice. All Sections, except Section 3, "RIGHT TO USE" shall survive any termination of this Agreement. Upon any termination of this Agreement, you must cease any further use of the Services and destroy any copies of associated software within your possession and control.
7. RESTRICTED RIGHTS. The Services and/or any associated software or documentation, is provided with Restricted Rights, in accordance with DFARS section 227.7202 and its subparagraphs. You acknowledge that if you are using the services as a representative, employee or agent of the Department of Defense or other governmental entity of any country or state, that the Services or portion thereof is classified, in accordance with 252.227-7014, as "Commercial Computer Software" and any documentation included in or with the Services, is classified as "Commercial Computer Software Documentation", both of which were "Developed exclusively at private expense" by WebEx Communications, Inc., 110 Rose Orchard Way, San Jose CA 95134. You receive no rights to, modify, or reproduce, the Services or any associated software.
8. EXPORT RESTRICTIONS. You acknowledge that the Services, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation
9. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to WebEx, its affiliates, suppliers and any other party authorized by WebEx to resell, distribute, or promote the Services ("Resellers"), and under such circumstances WebEx, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
10. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND WEBEX, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WEBEX, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. You agree to indemnify, defend and hold harmless WebEx, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Services, your violation of this Agreement or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, WebEx, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEBEX OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WEBEX, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WEBEX'S, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY). Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
12.1 Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of California, U.S.A., exclusive of its choice of law principles. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Santa Clara County, California.
12.2 Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
12.3 General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. WebEx may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to WebEx under this Agreement must be sent to the address provided in Section 7 above, or other address as provided by WebEx for such purpose. Any and all rights and remedies of WebEx upon your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on WebEx, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.