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Aras Corporation Terms of Use Last Updated: September 2018 This Aras Corporation web site is comprised of various web pages and services operated by Aras Corporation or its affiliates (“Aras”, “we”, “our”), 100 Brickstone Square, Suite 100, Andover, MA 01810 U.S.A. (collectively, the “Aras Web Site”). The Aras Web Site is offered to you conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Aras Web Site constitutes your agreement to all such terms, conditions, and notices. PRIVACY AND PROTECTION OF PERSONAL INFORMATION Your use of the Aras Web Site is in connection with your licensed use of Aras’ software and service offerings. In order to provide you access, support, and services through your use of the Aras Web Site, Aras may process your personal information as necessary to perform under the license or contract pursuant to which you are permitted to use Aras’ software and services or to comply with our legal obligations to you in connection with providing Aras’ software or services to you. Aras may also claim the benefit of other bases or authorizations, including statutory or otherwise, to control or process you personal information. See our Privacy Policy at https://www.aras.com/privacy-policy.aspx for additional relating to the collection and use of your personal information. Aras’ Privacy Policy may be subject to change from time to time. MODIFICATION OF THESE TERMS OF USE Aras reserves the right to change the terms, conditions, and notices under which the Aras Web Site is offered. You are responsible for regularly reviewing these terms and conditions and your continued use of the Aras Web Site acknowledges your agreement. LIMITED USE Unless otherwise specified, the Aras Web Site is for your limited use solely in connection with your licensed use of Aras’ software and services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Aras Web Site. LINKS TO THIRD PARTY SITES The Aras Web Site may contain links to or feeds from other web sites, including web sites that host code or community-developed features or functions designed to work with Aras software (“Linked Sites”). The Linked Sites are not under the control of Aras and Aras is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. Aras is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Aras of the site or any association with its operators. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Aras Web Site, you warrant to Aras that you will not use the Aras Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Aras Web Site in any manner which could damage, disable, overburden, or impair the Aras Web Site or interfere with any other party’s use and enjoyment of the Aras Web Site. You may not obtain or attempt to obtain any data, materials or information through any means not intentionally made available or provided for through the Aras Web Site. This includes any attempt to access or obtain any data, materials or information related to other users of the Aras Web Site or related to other Aras customers, partners or other Aras internal confidential information. MATERIALS PROVIDED TO ARAS OR POSTED AT THE ARAS WEB SITE Aras does not claim ownership of the materials you provide to Aras (including any feedback or suggestions) or any materials that you post, upload, input or submit to any Aras Web Site (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Aras, its affiliates and necessary agents or contractors permission to use your Submission in connection with providing the services or support you have requested, including, without limitation, the rights to: copy, distribute, transmit, perform, reproduce, edit, translate and reformat your Submission. Aras continually develops numerous and varied products, applications and services that modify, extend and augment its core Aras Innovator software platform. Aras is not responsible for any similarity between its products and services and any idea, suggestion or recommendation you may submit. You agree that there is no contract or understanding between you and Aras regarding your Submission other than any confidentiality obligation that may exist between you and Aras.. No compensation will be paid with respect to the use of your Submission, as provided herein. Aras is under no obligation to review, post, or use any Submission you may provide and may remove any Submission at any time in Aras's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions, and that use of the Submission will not violate any rights of others. SOFTWARE AND CONTENT AVAILABLE ON THE ARAS WEB SITE Software, documentation or other content (if any) that is made available to view, use or download from the Aras Web Site (“Software”), excluding software that may be made available through Linked Sites, is the copyrighted work of Aras Corporation. Your use of the Software is governed by (i) the terms of the Aras Click Thru Agreement included with your distribution of the Aras software, (ii) any license terms and conditions which accompany or are included with the Software, or (iii) such other mutually agreed license agreement that has been entered into by you and/or the entity you represent and Aras, if any (each, a "License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software (a) not accompanied by a license agreement, (b) for which a License Agreement is not otherwise referenced or incorporated by reference (such as in the case of the Aras Click Thru Agreement), or (c) is not provided to you pursuant to or otherwise in connection with your Aras software subscription services, Aras Corporation hereby grants to you, the user, a revocable, limited, personal, non-transferable license to use the Software for viewing and otherwise using the particular Aras Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any third party notices accompanying any Software are provided for informational purposes only. No other rights or licenses whether express or implied, including without limitation any implied patent licenses, are granted by Aras. Software is owned by Aras and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ARAS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARAS AND/OR ITS RESPECTIVE AGENTS OR SUBCONTRACTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ARAS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ARAS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ARAS CORPORATION AND/OR ITS RESPECTIVE AGENTS AND CONTRACTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ARAS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ARAS AND/OR ITS RESPECTIVE AGENTS AND CONTRACTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT ARAS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE ARAS WEB SITE. YOU SPECIFICALLY AGREE THAT ARAS IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ARAS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE ARAS WEB SITE BY ANY THIRD PARTY. IN NO EVENT SHALL ARAS AND/OR ITS AGENTS AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ARAS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE ARAS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE ARAS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ARAS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ARAS OR ANY OF ITS AGENTS AND CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ARAS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ARAS WEB SITE. TERMINATION/ACCESS RESTRICTION Aras reserves the right, in its sole discretion, to terminate your access to any or all Aras Web Site and the related software and services or any portion thereof at any time, without notice. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES If you live in or your business is incorporated in the United States of America then claims for breach of this contract will be subject to the laws of the Commonwealth of Massachusetts, without reference to conflict of laws principles. If you live in or your business is incorporated in the United States of America you consent to the exclusive jurisdiction and venue of state and federal courts in Essex County, Massachusetts, USA for all disputes relating to these terms of use. If you live in or your business is incorporated outside of the United States of America all claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the State of Delaware and the courts in the State of Delaware will have exclusive jurisdiction over all disputes arising out of or relating to this contract to the extent not otherwise prohibited by the laws of your country of residence.. GENERAL You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aras as a result of this agreement or use of the Aras Web Site. You agree to indemnify and hold Aras, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Aras Web Site. Aras reserves the right to disclose any personal information about you or your use of the Aras Web Site, including its contents, without your prior permission if Aras 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 Aras or its affiliates; (3) enforce the terms or use; or (4) act to protect the interests of its partners, contractors or others. Aras's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Aras's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Aras Web Site or information provided to or gathered by Aras with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Aras with respect to the Aras Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Aras with respect to the Aras Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. COPYRIGHT AND TRADEMARK NOTICES All contents of the Aras Web Site are: Copyright © 2018 Aras Corporation, 100 Brickstone Square, Suite 100, Andover, MA 10180 U.S.A. All rights reserved. Aras, Aras Innovator, the Aras logos, and/or other Aras products referenced herein are either trademarks or registered trademarks of Aras Corporation. The example companies, organizations, products, people and events depicted herein are fictitious. Any rights not expressly granted herein are reserved. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT Aras respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please submit your notice to support@aras.com.
