Legal documents for ARIS BPM Community
This page provides access to all legal documents concerning your usage of ARIS Community website:
ARIS Community Guidelines
- ARIS Community is about sharing your experience in business process management. Therefore, do not submit unrelated content and any trade secrets, racism, pornography or sexual content.
- Respect copyright and only upload BPM content that you made or that you are authorized to use.
- We encourage free speech and defend everyone’s right to express unpopular points of view. But we do not accept any kind of hate speech or trolling attacking or demeaning anyone based on race or ethnic origin, religion, disability, gender, age, veteran status, sexual orientation or gender identity.
- Respect privacy of all ARIS Community members by not revealing other people’s personal information or doing things like predatory behavior, stalking or harassment.
- In a business community as ARIS Community, time is money. Therefore, do not submit SPAM. It is ok to promote your contributions, but make sure your content is relevant for the audience you are targeting with your promotion.
If you think someone broke those rules, notify our moderators by using the notification link next to the BPM content. In any case, we will review all BPM content after it was published. We will remove any BPM content which breaks those rules and notify the author accordingly. We might also ban an author from the community if necessary.
ARIS Community should be an interesting place for all BPM and ARIS fans. We need your feedback and active contribution. If you think we missed something in the rules or if you are looking for clarification, please do not hesitate to contact us!
Your ARIS Community Team
Last update: 01/2011
1. Your Acceptance
- Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version by visiting http://www.ariscommunity.com/legal-documents#terms. Software AG may, in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. ARIS Community Website
- The ARIS Community Website may contain links to third party websites that are not owned or controlled by Software AG. Software AG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Software AG will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Software AG from any and all liability arising from your use of any third-party website.
3. ARIS Community Accounts
- In order to access some features of the Website, you will have to create an account on the Website. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Software AG immediately of any breach of security or unauthorized use of your account.
- Although Software AG will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Software AG or others due to such unauthorized use.
4. General Use of the Website - Permissions and Restrictions
- You agree not to distribute in any medium any part of the Website, including but not limited to BPM Content (defined above), without Software AG's prior written authorization.
- You agree not to alter or modify any part of the Website or any of its related technologies.
- You agree not to access BPM Content (defined above) or Software AG Content through any technology or means other than provided on the ARIS Community Website or other explicitly authorized means Software AG may designate.
- You agree not to use the Website for any commercial use, without the prior written authorization of Software AG. Prohibited commercial uses include any of the following actions taken without Software AG's express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the ARIS Community website or any third-party website, targeted to the content of specific BPM Content or Software AG content;
- and any use of the Website or its related services that Software AG finds, in its sole discretion, to use Software AG's resources or BPM Content with the effect of competing with or displacing the market for Software AG, Software AG content, or its BPM Content.
- You agree not to use or launch any automated system, including without limitation, "robots", "spiders" or "offline readers", that accesses the Website in a manner that sends more request messages to the Software AG servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Software AG grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Software AG reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their BPM Content.
- Software AG reserves the right to discontinue any aspect of the ARIS Community Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the ARIS Community Website.
- The content on the ARIS Community Website, except all BPM Content (as defined above), including without limitation, the text, software, scripts, graphics, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Software AG, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Software AG or the respective owners. Software AG reserves all rights not expressly granted in and to the Website and the Content.
- You may access BPM Content for your information and personal use solely as intended through the provided functionality of the ARIS Community Website. You shall not copy or download any BPM Content unless you see a "download" or similar link displayed by Software AG on the ARIS Community Website for that BPM Content.
- User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the ARIS Community Website. User Comments are made available AS IS, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the ARIS Community Website or otherwise as prohibited under this Agreement.
- You may access Software AG Content, BPM Content and other content only as permitted under this Agreement. Software AG reserves all rights not expressly granted in and to the Software AG Content and the ARIS Community Website.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of BPM Content of third parties obtained through the Website for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the ARIS Community Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ARIS Community Website or the Content therein.
- You understand that when using the ARIS Community Website, you will be exposed to BPM Content from a variety of sources, and that Software AG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such BPM Content. You further understand and acknowledge that you may be exposed to BPM Content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Software AG with respect thereto, and agree to indemnify and hold Software AG, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your BPM Content and Conduct
- As an ARIS Community account holder you may submit BPM Content. You understand that whether or not such BPM Content is published, Software AG does not guarantee any confidentiality with respect to any BPM Content.
- In connection with BPM Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Software AG all of the license rights granted herein.
- Software AG does not endorse any BPM Content or any opinion, recommendation, or advice expressed therein, and Software AG expressly disclaims any and all liability in connection with BPM Content. Software AG does not knowingly permit copyright infringing activities and infringement of intellectual property rights on its Website, and Software AG will remove all BPM Content if properly notified that such BPM Content infringes on another's intellectual property rights. Software AG reserves the right to remove BPM Content without prior notice.
7. Account Termination Policy
- Software AG will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
8. Digital Millennium Copyright Act
- A. If you are a copyright owner or an agent thereof and believe that any BPM Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Counter-Notice. If you believe that your BPM Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your BPM Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Philadelphia, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Software AG may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Software AG's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ARIS COMMUNITY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SOFTWARE AG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SOFTWARE AG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ARIS COMMUNITY WEBSITE. SOFTWARE AG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ARIS COMMUNITY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SOFTWARE AG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL SOFTWARE AG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ARIS COMMUNITY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT SOFTWARE AG SHALL NOT BE LIABLE FOR BPM CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is administered and offered by Software AG. Software AG makes no representations that the ARIS Community Website is appropriate or available for use in all locations. Those who access or use the ARIS Community Website do so at their own volition and are responsible for compliance with local law.
© Copyright Software AG, Darmstadt, Germany, 2011
All rights reserved.
The contents of this document are subject to copyright. Any changes, modifications, additions or amendments require prior written consent from Software AG, Darmstadt. Reproduction in any form is only permitted on the condition that the copyright notice remains on the actual document. Publication or translation in any form requires prior written consent from Software AG, Darmstadt.
"ARIS", "IDS", "ProcessWorld", "PPM", "MashZone", Symbol ARIS Platform and figurative mark Y are trademarks or registered trademarks of Software AG in Germany and in many other countries worldwide.
Last update: 01/2011
Protecting the individual's privacy on the Internet is crucial to the future of Internet-based business and the move toward a true Internet economy. Software AG has created this privacy statement to demonstrate our firm commitment to secure and trustworthy Internet commerce and the individual's right to privacy.
Use and Purpose of Collected Personal Data
On our Websites, we only store personal information relating to you with your permission. You may choose to reveal information to us if, for example, you register or complete a survey. Companies in the Software AG group may use the information internationally in connection with processing your inquiries and orders or to help improve our products and services.
We would only share such information with third parties outside the Software AG group with your express permission or as required by the applicable law. Information is used solely for the purposes described below.
Privacy across the Entire Software AG Network
As a global company, Software AG operates a number of Websites around the world. Any information that you submit to one of our sites in any one country may be sent electronically to a server for one of these sites in another country. We safeguard your privacy interests around the world by ensuring that this Software AG site adheres to our international data-protection principles described in this statement.
We bind our employees to observe your privacy and confidentiality rights.
1. What Information Do We Collect and Why?
We use IP addresses to help diagnose problems, to administer our Website, and to gather demographic information. When you visit our site, we recognize only your domain name and not your e-mail address. We will see your e-mail address only if you give it to us by filling out a form or by sending us an e-mail message.
If you choose to register, we can send you requested information or products, other product information, news, or promotions.
If you choose to give us your e-mail address, we will communicate with you via e-mail. We do not share your e-mail address with others outside the Software AG group of companies. You can choose not to receive any more e-mail at any time.
Depending on how your e-mail application is set up, information about you may be transmitted automatically when you send e-mail to Software AG.
If you choose to register for third-party services, we may need to send some information from your Software AG.com registration to the service provider, possibly including your e-mail address — but only if your requested service cannot be provided otherwise.
Our surveys may ask you for demographic information, such as postal codes or your industry sector. If the online survey collects contact data, we may use that data to send you further information only if we specifically asked for your permission in the survey. You are free to retract any permission you gave.
2. Links to Other Sites
This site contains links to other sites. Software AG is not responsible for the privacy practices or the content of other Websites.
You can opt out of receiving e-mail communications from us whenever you like. You only need to e-mail us to have your name and details removed from Software AG's e-mail list or registration database.