This page provides access to all legal documents concerning your usage of ARIS Community website:

 

ARIS Community Guidelines

Reading legal documents like our Terms of Use can be really frightening, because nothing seems to be allowed and everything seems to lead to some kind of legal action. Of course we do not want to scare you away. In contrast, we welcome your contributions! We want to make the ARIS Community a lively gathering place for all people interested in business process management and ARIS. Therefore, please share with us your best practices by submitting articles, forum discussions or ARIS models!

Complying with the Terms of Use is very easy. Just follow those simple rules and your contribution is very welcome:

  • 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

Software AG
Postfach 130251
64242 Darmstadt
Germany

Fon: +49-6151-92-0
Fax: +49-6151-92-1191
http://www.softwareag.com/

Last update: 01/2011

 

Terms of Use

1. Your Acceptance

  1. By using and/or visiting this website (collectively, including all content and functionality available through the ariscommunity.com domain name, the "ARIS Community Website", or "Website"), you signify your agreement to (1) these terms and conditions, (2) Software AG's privacy notice, found at http://www.ariscommunity.com/legal-documents#policy and incorporated here by reference, and (3) Software AG's ARIS Community Guidelines, found at http://www.ariscommunity.com/legal-documents#guidelines and also incorporated herein by reference (collectively the "Terms of Use"). If you do not agree to all of these terms, including the Software AG privacy notice or the ARIS Community Guidelines, then do not use the ARIS Community Website.
  2. 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

  1. These Terms of Use apply to all users of the ARIS Community Website, including users who are also contributors of BPM Content (BPM content is defined as everything a community member posts, e.g. articles, discussions, comments, models, etc.), information, and other materials or services on the Website.
  2. 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. Accordingly, we encourage you to be aware when you leave the ARIS Community Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. ARIS Community Accounts

  1. 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.
  2. 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

Software AG hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

  1. 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.
  2. You agree not to alter or modify any part of the Website or any of its related technologies.
  3. 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.
  4. 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.
  5. 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.
  6. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Use, Software AG's ARIS Community Guidelines, and all applicable local, national, and international laws and regulations.
  7. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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

  1. 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.
  2. You shall be solely responsible for your own BPM Content and the consequences of posting or publishing them. In connection with BPM Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Software AG to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all BPM Content to enable inclusion and use of the BPM Content in the manner contemplated by the Website and these Terms of Use.
  3. For clarity, you retain all of your ownership rights in your BPM Content. However, by submitting BPM Content to Software AG, you hereby grant Software AG a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the BPM Content in connection with the ARIS Community Website and Software AG's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the ARIS Community Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ARIS Community Website a non-exclusive license to access your BPM Content through the Website, and to use, reproduce, distribute, display and perform such BPM Content as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in BPM Content terminate within a commercially reasonable time after you remove or delete your BPM Content from the ARIS Community Website. You understand and agree, however, that Software AG may retain, but not display, distribute, or perform, server copies of BPM Content that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
  4. 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.
  5. You further agree that you will not, in connection with BPM Content, submit material that is contrary to the Terms of Use, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
  6. 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

  1. Software AG will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
  2. Software AG reserves the right to decide whether Content or BPM Content is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, trade secrets, racist statements, pornography, obscene or defamatory material, or excessive length. Software AG may remove such BPM Content and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

  1. 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.
  2. 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.

11. Indemnity

You agree to defend, indemnify and hold harmless Software AG, its parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ARIS Community Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your BPM Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the ARIS Community Website.

12. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

13. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Software AG without restriction.

14. General

You agree that: (i) the Software AG Website shall be deemed solely by the substantive laws of the Commonwealth of Pennsylvania; and (ii) the ARIS Community Website shall be deemed a passive website that does not give rise to personal jurisdiction over Software AG, either specific or general, in jurisdictions other than Pennsylvania. These Terms of Use shall be governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. Any claim or dispute between you and Software AG that arises in whole or in part from your use of the ARIS Community Website shall be decided exclusively by a court of competent jurisdiction located Philadelphia, Pennsylvania. These Terms of Use and any other legal notices published by Software AG on the Website, shall constitute the entire agreement between you and Software AG concerning the ARIS Community Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Software AG´s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Software AG reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the ARIS Community Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND  SOFTWARE AG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ARIS COMMUNITY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

© 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.

Software AG
Postfach 130251
64242 Darmstadt
Germany

Fon: +49-6151-92-0
Fax: +49-6151-92-1191
http://www.softwareag.com/

Last update: 01/2011

 

Privacy Notice

If you use the websites, personal data will be processed. This is done exclusively in compliance with data protection laws. Please inform yourself about the handling of your data in the privacy notice.

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