Sapience Analytics Corp, its subsidiaries and affiliates, (collectively “Sapience”) urges you to carefully review these Terms of Use (“Terms”) which set forth the legal terms and conditions that govern your use of our websites and their contents, links and applications (collectively “Website”). These Terms apply to your use of our Website and additional terms of service may apply to Sapience products or services. See www.sapience.net.

By accessing or using the Website or Content, you agree to these Terms and our Privacy Policy, which is incorporated into these Terms.


Limited License and Ownership

Subject to these Terms, Sapience grants to you a limited, non-exclusive, non-transferable license to use our Website and to copy materials published on this Website (“Content”) solely for your non-commercial use within your organization (or if you are a Sapience partner, your customer’s organization) in support of Sapience products and services.

Except as specified above, nothing contained herein will be construed as conferring by implication, estoppel or otherwise, any license or right, and Sapience and its licensors retain all rights, title and interests in and to our Website and any Content, including all intellectual property rights such as copyrights, trademarks, patents, trade secrets, licenses, software coding, or other written and graphical materials. This Website and the Content are protected by all applicable intellectual property laws of the United States and international laws and treaties.

Except as specifically permitted by these Terms, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of our Website or Content; (ii) rent, lease or sublicense access to any of our Website or Content; (iii) circumvent or disable any security or technological features or measures of our Website or Content; or (iv) use our Website or Content, or any portion thereof, for reproduction, resale, further distribution or any other use or purpose without our prior written authorization. You agree that any use of the Website or Content materials will retain all copyright and other proprietary notices in the same form and manner as on the original.


Copyrights

Sapience respects copyright law and expects you to do the same. We are committed to protecting copyrights and expect users of our Website and our products and services to do the same.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Website, products or services infringes your copyright, you may send us a notice to our Copyright Agent requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website or in our products or services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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 (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices should be sent to our Copyright Agent:

Sapience Analytics Corp
Attn: Legal
7800 North Dallas Parkway, Suite 320
Plano, TX 75024
Email: legal@sapience.net


Links and Third Party Materials

You understand that by accessing or using our Websites or Content you may encounter links to third party websites and/or content, data, information, applications or materials from third parties (“Third Party Materials”). You agree that Sapience does not warrant or endorse any Third Party Materials and is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any Third Party Materials. Access and use of any Third Party Materials is at your own risk and Sapience does not assume and will not have any direct or indirect liability or responsibility for any damage or loss to you by your use or reliance Third Party Materials.


Privacy

Your privacy is important to us and we have developed our Privacy Policy and practices to inform you of the measures we take regarding the protection of your information. Sapience will use any personal or non-personal data that we collect from you in accordance with the terms and conditions of our policies.


Content and Liability Disclaimer

By sending us any ideas, suggestions, documents, or proposals about Sapience or our products and services ("Feedback"), you agree that:

  • Your Feedback does not contain the confidential or proprietary information of third parties and that you have the right to disclose the Feedback to us
  • We are under no obligation of confidentiality, express or implied, with respect to the Feedback
  • We may have something similar to the Feedback already under consideration or in development and that your Feedback does not create any obligation for us to develop or not develop new products or services from your Feedback
  • You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute, and sublicense the Feedback, including any intellectual property rights therein
  • You will indemnify and hold harmless and defend Sapience from and against any claims, losses, expenses, and liabilities arising from breach by you of the foregoing representation and warranty

Use and Compliance with Applicable Laws

Your access and use of this Website is governed by all applicable federal, state and local laws to you. Sapience makes no representation that the Website or any Content, or its products and services, are appropriate, available in and comply with applicable laws in all jurisdictions worldwide. You are solely responsible for compliance with any laws for the country where you reside.


No Warranty and Disclaimers

THIS WEBSITE AND ANY CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SAPIENCE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SAPIENCE MAKES NO WARRANTY THAT THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SAPIENCE MAKES NO WARRANTY THAT WE WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE WEBSITE OR CONTENT FOR ANY PARTICULAR LENGTH OF TIME AND WE RESERVE THE RIGHT TO CHANGE AND UPDATE THESE WITHOUT NOTICE TO YOU. EXCEPT AS PROVIDED IN THE SPECIFIC PRODUCTS OR SERVICES TERMS THEMSELVES, SAPIENCE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT PURCHASED OR OBTAINED THROUGH THE WEBSITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SAPIENCE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.


Indemnity

You agree to defend, indemnify and hold Sapience, its subsidiaries and affiliates, and their officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website or your violation of these Terms.


Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SAPIENCE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT, INCLUDING ANY PRODUCTS OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SAPIENCE HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SAPIENCE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED AN AMOUNT THAT IS EQUAL TO ONE HUNDRED U.S. DOLLARS ($100.00). NO PERSON ACTING ON SAPIENCE’S BEHALF HAS ANY AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY "INDUCEMENT") NOT EXPRESSED HEREIN. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU REPRESENT THAT YOU ARE NOT RELYING ON ANY INDUCEMENT THAT IS NOT EXPRESSED IN THIS AGREEMENT.

YOU AND SAPIENCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ITS CONTENT MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE APPLICABLE STATUTE OF LIMITATIONS PERIOD AS DEFINED BY JURISDICTION. OTHERWISE, SUCH CAUSE OF ACTION ARE PERMANENTLY BARRED.


Informal Dispute Resolution and Waiver of Jury Trial

We endeavor to work with you in the event a controversy or claim arises out of your use of our Website or Content. We encourage you to contact us to discuss the matter informally with our support team throughmarketing@sapience.net. If the dispute is not resolved, you may send a letter to our management team and we will attempt to meet with you via telephone within ten (10) business days of our receipt of your letter or such longer period as may be mutually acceptable. We will provide you with a written decision within twenty (20) days of the telephone meeting. You are not required to follow this informal dispute resolution procedure, and following this informal dispute resolution procedure does not prevent you from initiating other actions provided for in these Terms.

In addition, where permissible by law, each of the parties hereby waives its rights to a jury trial of any claim or action based upon or arising out of these Terms, directly or indirectly, and/or the relationship that is being established among the parties hereunder. The scope of this waiver is intended to cover all disputes that may be filed in court, including without limitation contract, tort, breach of duty, and all other common law and statutory claims. This waiver is irrevocable and may not be modified either orally or in writing. This waiver applies to any future amendments, renewals, supplements or modifications of or to these Terms. In the event of litigation covered by the scope of this waiver, these Terms may be filed in court as a written consent to a trial by the court.


Governing Law

These Terms and any related action will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts of Delaware, and each of the parties waives any objection to jurisdiction and venue in such courts.


Entire Agreement, Assignment, Enforcement

These Terms are the entire and exclusive agreement between you and Sapience regarding your use of the Website and any Content. These Terms supersede and replace any and all prior oral or written representations, understandings or agreements.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Sapience may assign or transfer these Terms at its sole discretion and without restriction.

The failure of Sapience to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized Sapience representative. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.


Modification

Sapience may modify these Terms from time to time, in our sole discretion, by posting a revised version on our Website, and your continued use of this Website constitutes your acceptance of any changes to our Terms. Sapience further reserves the right, at its sole discretion, to modify, discontinue, or terminate any Content or products or services it may offer on or through its Website and to which these Terms apply, at any time and without prior notice.

If we modify these Terms, we will post the modification on our Website or provide you with notice of the modification. We will also update the "Last Modified" date at the top of these Terms. Previous versions of our Terms can be found here.

By continuing to access or use our Website after we have posted or provided notice of a modification, you are indicating that you agree to be bound by the modified Terms. You may also be asked to re-acknowledge and re-accept the Terms following any material changes. If the modified Terms are not acceptable to you or you refuse to take an action we require of you to access or use our Website, your only recourse is to cease using our Website.

If you have any questions or comments about these Terms, the Website or the Content, please contact:legal@sapience.net.