Our Legal Statement

INFORMATION ON TERMS OF USE

Welcome and thank you for visiting the DataClarity Web site from DataClarity Corporation ("DataClarity"). On this Web site, DataClarity makes available to you a wide range of information, software, products, downloads, documents, communications, files, text, graphics, publications, content, tools, forums, resources, and services.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. By accessing and using this Web site in any way, including, without limitation, browsing the Web site, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms of use described in this document ("Terms of Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEB SITE IN ANY MANNER. The Terms of Use are entered into by and between DataClarity and you. If you are using the Web site on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.

DataClarity reserves the right to make changes or updates to this Web site, the products or programs described in this Web site, or these terms and conditions at any time without further notice. Your continued use of this Web site following such changes signifies your acceptance of the revised terms and conditions.

Use of this Website

You are hereby authorized by DataClarity to view, download, copy and print documents and the graphics incorporated therein ("materials") from this Web site subject to the following restrictions: 1) the materials may be used solely by you for your own personal informational, educational or other non-commercial purposes; 2) all copies you make must include any copyright or other proprietary notices originally shown or included in the materials; 3) you may not modify any of the materials found at this Web site nor attempt to pass off any materials found at this Web site as your own; 4) you may not use, reproduce or publicly display or perform, or distribute any of the materials within this Web site for any commercial or public purpose, unless DataClarity Corporation has given you prior written consent to do so; 5) you also may not "mirror" or "frame" any portions of this Web site in any other environment with out prior written consent from DataClarity Corporation.

DataClarity reserves the right to terminate the access of any user in its discretion, including users that do not observe these terms and conditions and who infringe or otherwise violate the rights of others.

Privacy Policy

DataClarity respects your desire for privacy. DataClarity's Privacy Policy can be found at www.dataclaritycorp.com/privacy. By using the Web site, you are consenting to the processing of your data by DataClarity and consenting to the terms of our Privacy Policy.

Use of Third party Software

Any computer software which may be downloaded or is otherwise available from this Web site is licensed subject to either the written license agreement between you and the third party or the click-on license which you agree to at the time of download or use. Software to which either of these licenses is applicable is subject to the terms of its associated license agreement only, unless expressly stated otherwise.

Third Party Materials on this Website

This Web site contains materials from third parties, including software in executable or source code form ("Third-Party Materials"). All third-party materials contained in this Web site are subject to the Warranties and Disclaimers set forth herein.

Links to Third Party Websites

Any links to third-party Web sites found within this Web site are provided solely as an added convenience to you. DataClarity has neither reviewed the contents of these third-party Web sites nor does DataClarity claim any responsibility for the content or suitability of these third-party Web sites.
Third Party Advertisements and Promotions

DataClarity may run advertisements and promotions from third parties on the web site. The manner, mode and extent of advertising by DataClarity is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than DataClarity found on or through the web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. DataClarity is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-DataClarity advertisers on the Web site.

Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND DATACLARITY HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, DATACLARITY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IN NO EVENT SHALL DATACLARITY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEB SITE.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEB SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEB SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. DATACLARITY ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEB SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.

DATACLARITY MAY MAKE CHANGES TO THE WEB SITE, INFORMATION, SOFTWARE, WEB SITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEB SITE AT ANY TIME AND WITHOUT NOTICE.

THE WEB SITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO DATACLARITY PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT DATACLARITY INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT A DATACLARITY ACCOUNT EXECUTIVE FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO YOU.

THE WEB SITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF DATACLARITY AND DATACLARITY IS NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. DATACLARITY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DATACLARITY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT DATACLARITY ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DATACLARITY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSONS, YOUR USE OF THE WEB SITE, INCLUDING ANY USE BY YOUR EMPLOYEES, YOUR CONNECTION TO THE WEB SITE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

DataClarity will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this Web site:

Service Provider(s):

DataClarity Corporation

Name of agent designated to receive notification of claimed infringement:

Mark W. Mueller

Full address of designated agent to which notification should be sent:

7200 Falls of Neuse Road / Suite 202
Raleigh, NC 27615

Telephone number of designated agent: (919) 256-6702

Facsimile number of designated agent: (919) 256-6799

E-mail address of designated agent: This email address is being protected from spambots. You need JavaScript enabled to view it.

To be effective, the Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DataClarity to locate the material.
  4. Information reasonably sufficient to permit the DataClarity to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. 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.
  6. 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.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:

  1. DataClarity shall remove or disable access to the material that is alleged to be infringing;
  2. DataClarity shall forward the written notification to such alleged infringer (Subscriber);
  3. DataClarity shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

To be effective, a Counter Notification must be a written communication provided to DataClarity’s Designated Agent that includes substantially the following:

  1. A physical or electronic signature of the Subscribers
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which DataClarity may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

  1. DataClarity shall promptly provide the Complaining Party with a copy of the Counter Notification;
  2. DataClarity shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
  3. DataClarity shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided DataClarity's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on DataClarity's network or system.

Feedback

Except where expressly provided otherwise by DataClarity, all comments, feedback, information or materials submitted to DataClarity through or in associations with this Web site shall be considered non-confidential and the property of DataClarity. By submitting any comments, information, materials or other feedback to DataClarity, you agree to a no-charge assignment to DataClarity of any rights, title and interest to the comments, information, materials or other feedback.

Subject to the DataClarity Privacy Statement, DataClarity shall be free to use such comments, information, materials or other feedback without restriction.

Unsolicited User Submission Policy

DataClarity or any of its employees do not accept or consider unsolicited submissions of ideas for any purpose including but not limited to advertising campaigns, promotions, products or technologies, processes, materials, marketing plans or product names. Please do not send any original creative artwork, sample, demos, ideas, or concepts. The sole purpose of this policy is to avoid potential misunderstandings or disputes when DataClarity’s products and marketing strategies have similarities to ideas submitted to DataClarity.

Should you choose to ignore our request regarding not sending user submissions, please be advised that any unsolicited information or material sent to DataClarity or any of its employees will be deemed NOT to be confidential. Your submission of any unsolicited information or material grants to DataClarity an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information or material and any underlying intellectual property. In addition DataClarity is free to use any ideas, concepts, know-how or techniques that you send us for any purposes. The DataClarity Privacy Statement will govern the disclosure of your name or any other personal information related to any such submissions.

Furthermore, you are prohibited from posting or transmitting to us from this Web site any unlawful, obscene, pornographic, libelous, defamatory, threatening, or other material that would violate any law.

Governing Law and Jurisdiction

This Web site is controlled by DataClarity from its offices in Raleigh, North Carolina, United States of America. All matters relating to your access to, or use of, this Web site shall be governed by U.S. federal law or the laws of the State of North Carolina. Any legal action or proceeding relating to your access to, or use of, this Web site shall be instituted in a state or federal court in Raleigh or Wake County, North Carolina. You and DataClarity agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

You may not access, download, use or export the information, software, products or services contained on this Web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

COPYRIGHT NOTICE

Copyright © 2013 DataClarity Corporation, 7200 Falls of Neuse Road / Suite 202, Raleigh, NC 27615, USA. All rights reserved.

TRADEMARK INFORMATION

DataClarity and all other DataClarity product or service names referenced herein are either registered trademarks or trademarks of DataClarity Corporation.

Cognos and all other Cognos product or service names referenced herein are either registered trademarks or trademarks of Cognos Corporation in the U.S. and/or other countries.

HyperRoll and all other HyperRoll product or service names referenced herein are either registered trademarks or trademarks of HyperRoll in the U.S. and/or other countries.

The Balanced Scoecard Institute and all other Balanced Scorecard Institute product or service names referenced herein are either registered trademarks or trademarks of The Balanced Scorecard Institute in the U.S. and/or other countries.

Adobe and the Acrobat logo are trademarks of Adobe Systems Incorporated.

Other brand and product names are trademarks of their respective companies.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

LEGAL CONTACTS

If you have any questions concerning the usage or licensing of DataClarity trademarks, questions regarding DataClarity copyrighted materials or any other questions regarding these terms and conditions, contact the DataClarity Legal Department by e-mail at mailto: This email address is being protected from spambots. You need JavaScript enabled to view it. .