Hyland Sites Terms of Use

Please read the following terms and conditions carefully. By visiting, accessing or using any of the websites of Hyland Software, Inc. and its affiliates (“Hyland”) from which these Terms are linked, including, but not limited to: www.hyland.com; community.hyland.com; try.hyland.com; university.hyland.com, support.hyland.com (collectively, the "Sites" and individually, a “Site”), you agree to be bound by the following terms and conditions, as updated from time to time, concerning your use of such Sites (“Terms”). These Terms incorporate by reference our Privacy Policy, Cookie Policy and Trademark Policy, all of which also apply to your use of the Sites. If you don’t agree to these Terms, or any portion thereof, you must immediately discontinue your use of the Sites. Your continued use of the Sites binds you to these Terms.

1. Registration. Some of the Sites (the “Restricted Sites”) require that you create an account (a “Hyland ID”). To create a Hyland ID, you must be at least 18 years old and you must provide truthful and accurate information about yourself. To create your Hyland ID, you will provide an email address, you first and last name, whether you are an existing Hyland customer or partner, the name of your organization, the country where you are located, and a unique password. You may also be required to periodically renew your registration and confirm and update your registration information. You acknowledge and agree that your Hyland ID credentials may not be shared or transferred between coworkers or otherwise, and you shall notify Hyland immediately upon learning that your log-in credentials have been shared or transferred. You acknowledge that by posting or exchanging information on the Restricted Sites, your first name and last name may be displayed, which is visible to Hyland and other users of the Restricted Sites. Hyland reserves the right to deny, suspend or terminate your Hyland ID at any time, for any reason.

2. Contributions. Some Sites allow users to upload or post content, including feedback and ideas, to the Sites (“Contributions”). You acknowledge that Contributions contain the opinions, statements, recommendations, offers, advice or other information of their respective authors who are solely responsible and liable for the content of their Contributions. Although Hyland is not obligated to do so, it has the right to review any Contributions and may refuse to post or remove any Contributions from the Sites at any time with or without notice and for any or no reason. Hyland disclaims any liability or responsibility for the Contributions. Hyland does not endorse or represent it has verified the credibility of any Contributions, and you are solely responsible for any actions you take based on any Contributions.

3. Proper Use. You shall not:

• Use the Sites or any content on the Sites to determine whether there is infringement of a patent, except where such restriction is expressly prohibited by applicable law.
• Submit any Contribution or otherwise make available through the Sites any content that (a) libels, defames, invades privacy, or is offensive, obscene or pornographic; (b) infringes the intellectual property rights of any third party; (c) violates or encourages others to violate any law or regulation; (d) advocates illegal activity; (e) advertises or otherwise solicits funds or is a solicitation for goods or services or for participation or membership in any service, group, or organization; (e) harasses, harms, threatens, abuses, or defames others; or (f) is treated as confidential under any contract or policy.
• Submit any Contribution or exchange information on the Sites for the purpose of soliciting employment to or from other users or organizations.
• Engage in any activity on the Sites that restricts or inhibits any other user from using or enjoying the Sites or the materials by "hacking," "cracking," "spoofing," or defacing any portions of the Sites or the materials.
• Copy, store, redistribute, decompile, reverse-engineer, reproduce, transmit, modify, alter, emulate or disassemble any part of the Sites in any way, or create derivative works thereof.
• Access or search the Site by any means other than our publicly supported interfaces (for example, “scraping”).v
• Violate or attempt to violate our security features, including logging into a server that you are not authorized to access, or by hacking, password “mining” or gaining access by any other illegitimate means.
• Misrepresent the source of your Contributions or pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• Post or transmit through the Sites software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", monitor, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or the materials.
• Harvest or collect information about visitors to the Site without their express written consent.
• Use the Sites or any content on the Sites, including any Contribution of another user, for any competitive purposes, including to build a competitive product or service.
• Copy, reproduce, share, distribute, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Sites including any content and documentation available on the Sites for public or commercial purposes.
• Copy, share, disclose, publish, reproduce, modify, record, screen-share, sell or transmit any demos, training videos, training course materials, workbooks, or certification exams, in whole or in part, in any form or by any means, for any purpose, without the express written consent of Hyland.

4. Modifications. Hyland reserves the right to modify our Sites at any time, with or without notice to you. Hyland further reserves the right to make modifications to these Terms at any time with or without notice to you. You are responsible for regularly reviewing these Terms and the Privacy Policy.

5. Third-Party Websites. Hyland may establish links between these Sites and one or more website operated by third parties. Hyland has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement, representation or warranty by Hyland of such websites, the contents of the third party websites, the products or services of such websites or the operators of the websites.

6. Intellectual Property.

The Sites: All content, text, documents, software, data and intellectual property, including but not limited to all know how, concepts and logic contained on, appearing on, or relating to the Site is the property of Hyland or its licensors. None of the software, data or content found on the Site may be reproduced, republished, distributed, posted, sold, transferred or modified in any way without our prior express written permission.

Contributions: Subject to Hyland’s ownership of Inventions as described below, you maintain ownership in your Contributions, and, therefore, you grant to Hyland, and its agents, licensees, and assigns, a perpetual, worldwide, non-exclusive, sublicensable, transferable, no-charge, royalty-free, irrevocable license to use, reproduce, modify, distribute, display, perform and otherwise fully exploit your Contributions for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement any feedback into any Hyland product or service, and to display, market, sublicense and distribute the feedback as incorporated or embedded in any product or service distributed or offered by Hyland.

Inventions: You acknowledge and agree that providing feedback does not make you an inventor or contributing inventor to any invention (“Invention”) that may arise during any development of any product or service by or on behalf of Hyland, including those that incorporate, implement or are otherwise related to all or any part of such feedback. Without limiting the foregoing, to the extent that you are determined to be an inventor or contributing inventor to any Invention, or have any other right, title or interest in or to any Invention, you hereby irrevocably assign and agree to assign to Hyland all right, title and interest worldwide in and to such Invention (whether currently existing or conceived, created or otherwise developed later), including all intellectual property rights in and to such Invention, effective immediately upon its inception, conception, creation or development. To the extent that any Invention or intellectual property rights in or to any Invention are not assignable, or to the extent that you otherwise retain any right, title or interest in or to any such Invention or intellectual property rights, you: (a) unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind with respect to such rights, against Hyland or any reseller, distributor, or user of any Hyland product or service; (b) agree, at Hyland’s request and expense, to consent to and join in any action to enforce such rights; and (c) hereby grant to Hyland the same rights granted to Hyland in your feedback. To the extent your employer owns or has any right, title or interest in or to any such feedback or Inventions, you hereby represent and warrant that you are authorized by such employer to make available such feedback and to grant the assignments and licenses with respect to such feedback and Inventions granted under these Terms. You will cooperate with Hyland and its designee(s) in applying for, obtaining, perfecting, evidencing, and enforcing Hyland’s intellectual property rights in and to any Invention related to you, including executing such written instruments as may be prepared by Hyland and doing such other acts as may be reasonably necessary in Hyland’s opinion to obtain a patent, register a copyright, or otherwise perfect or enforce Hyland’s rights in and to such Invention (and you hereby irrevocably appoint Hyland and any of its officers and agents as your attorney-in-fact to act for and on your behalf and instead of you, with the same legal force and effect).

7. No Compensation. You acknowledge and agree that you are not entitled to nor will you receive any compensation of any kind for any license, assignment and other rights granted by you under these Terms or any action or steps taken by you in compliance with these Terms, including, but not limited to, those under Section 6 (Intellectual Property).

8. Future Development. Submission of feedback in no way obligates Hyland to post or use feedback in connection with any product or service, and, if Hyland uses feedback, Hyland may remove and discontinue use of such feedback at any time at Hyland’s sole discretion. No feedback, nor any other activity or material available on or through the Site by any user, constitutes a promise or undertaking by Hyland, including a promise or undertaking to develop, incorporate, implement or take any other action regarding any Feedback (or to refrain from doing so). Any unreleased product or service (including any related feature) discussed on the Site or elsewhere may not be made available on time or at all, notwithstanding any comments that Hyland or its representatives may make. You agree that any decision to purchase or use any Hyland product or service will be based on the then-existing version and features of such product or service, and not on any unreleased or expected version or features.

9. Non-Disclosure. As a condition to using the Site, and not in place of any confidentiality agreement(s) that may already be contained in a separate agreement between You or your employer and Hyland, you agree to hold in strict confidence, and to take all reasonable steps to avoid publication or disclosure of (except as required by law or court order), Hyland's Confidential Information that is obtained from the Sites. You also agree not to use such confidential information other than in connection with your authorized use of Hyland's software or services as set forth in a valid license from Hyland. If You are a contractor providing services to a customer of Hyland on whose behalf Hyland has authorized access to these Sites, you may only use Hyland's confidential information in connection with your provision of services to Hyland's customer and in connection with such customer’s authorized use of Hyland's software as set forth in a valid license from Hyland. "Confidential information" means all information, material or content that you obtain from the Restricted Sites that that is customarily considered confidential between business parties, including without limitation, business or strategic plans, pricing information, costs information, customer lists, supplier lists, financial information, information regarding investors, information regarding employees, information regarding business and contractual relationships, business forecasts, sales and merchandising plans, and marketing plans; and technical information of Hyland, including product information, source documents, algorithms, techniques, specifications, inventions, technical know-how, processes, product architecture or design details, research and development information or engineering information.

10. Hyland Marks. Hyland and other Hyland trade names, trademarks, logos and product and service names (the "Hyland Marks") are registered or unregistered trademarks of Hyland Software, Inc. and its affiliates. Your use of or access to the Sites and these Terms and Privacy Policy do not constitute or grant to you any license or other right to use any of the Hyland Marks. You agree to follow the guidelines of Hyland’s Trademark Policy.

11. Disclaimer of Warranties. USE OF THE SITES AND ITS CONTENTS IS AT YOUR SOLE RISK. THE CONTENT APPEARING ON OR OTHERWISE AVAILABLE THROUGH THE SITES IS PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HYLAND AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTY THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THE FUNCTIONS CONTAINED IN THE CONTENT APPEARING ON OR OTHERWISE AVAILABLE THROUGH THE SITES WILL BE UNINTERRUPTED, SECURE, TIMELY OR FREE OF ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. HYLAND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE USE OF ANY CONTENT APPEARING ON OR OTHERWISE AVAILABLE WITH SUCH INFORMATION, EVEN IF THE CONTENT WAS CREATED, MODIFIED OR IN ANY MANNER ALTERED BY HYLAND. HYLAND MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR ANY SERVICES OFFERED THROUGH THE SITES WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK. HYLAND SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, SOFTWARE, DOCUMENTATION, EXAMS, TRAINING MATERIALS OR OTHER CONTENT. NEITHER HYLAND NOR ITS AFFILIATES SHALL BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, BASED ON OR RESULTING FROM ANY CONTRIBUTIONS, OR ACCESS TO OR USE OF, THE SITES OR ANY CONTENT APPEARING ON OR OTHERWISE AVAILABLE THROUGH THE SITES.

12. Limitation of Liability. In no event shall Hyland be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, punitive damages, or damages for loss of data, profits, revenue, incurred by you or any third party, whether under a contract, tort or any other theory of liability, arising in connection with your use of the Sites or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to the Sites or any site operated by any third party or any contents of the Sites, even if Hyland is aware of the possibility of such damages.

13. Representations and Warranties. You represent and warrant that all of the information provided to Hyland as part of the Registration described in Section 1 is correct and current, and you have all necessary right, power and authority to agree to these Terms and Privacy Policy and to perform the acts required therein.

14. Termination; Suspension. At any time and for any reason Hyland may, at its sole discretion, shutdown the Sites, or suspend or terminate your account or access to the Sites. All provisions of these Terms, which by their nature extend beyond the expiration or termination of the Terms, will survive.

15. Indemnification. You agree to indemnify Hyland and its parent companies, subsidiaries, affiliates and their respective officers, directors, stockholders and employees from and against any and all third party claims arising from or in any way related to your Contributions, or access to or use of, the Sites, including any demands, liabilities, costs, or expenses, resulting from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature.

16. Waiver and Severability of Terms. Hyland's failure to exercise or enforce any right or provision of the Terms or Privacy Policy shall not constitute a waiver of such right or provision. If any provision of the Terms or Privacy Policy are found by a court of competent jurisdiction to be invalid, the remaining terms of the agreement shall continue in full force and effect.

17. Governing Law; Void Where Prohibited. All uses of the Sites and these Terms of Use and the Privacy Policy shall be governed by the laws of the State of Ohio, U.S.A. (and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended), without regard to the conflicts of laws provisions thereof. Any actions brought by you or Hyland based on or arising out of the use of the Sites or the Agreement shall be brought exclusively in the Federal District Court for the Northern District of Ohio seated in Cuyahoga County, Ohio, or in a state court located in said county. These Terms are void where prohibited by law and the right to access the Sites is revoked in such jurisdictions. You agree that if you become resident in such a jurisdiction, you will immediately cease all use and access of the Sites.

18. Your Use of Demo Products. You may use the www.try.hyland.com Site solely to evaluate the software products demonstrated on the Site (“Software”) for your personal use and otherwise in compliance with these Terms. You may not download, save, print, copy, reproduce, redistribute or retain any Software or other data from the Site.

19. Certification Exams. Certification exams on www.university.hyland.com are confidential and are protected. They are made available to You, the examinee, solely for the purpose of certification in the technical area referenced in the title of the exam. You are prohibited from using multiple email addresses or accounts to register for any such exams. Please review Hyland’s Exam Retake Policy.

20. Pacsgear Support. If you are requesting support for any Pacsgear product via the www.community.hyland.com Site, these Pacsgear Support Terms apply.

21. Digital Millennium Copyright Act. If you are a copyright owner, or an agent thereof, and believe that any content on our Sites infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent written notice at [email protected]. Please include the following:

1. Identification of the copyrighted work claimed to be infringed;
2. Identification of the infringing material and its location on our Site;
3. Your contact information (address, phone number, email);
4. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner;
5. A statement under penalty of perjury that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner; and
6. Your physical or electronic signature.