|

These Terms of Use were last updated on September 5, 2002.
PLEASE READ CAREFULLY
BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
1. Terms of Use. The following Terms of Use ("Terms of Use") apply to all
current and future users (each, a "User") of this i2, Inc. ("i2") web site
(the "Web Site"). Each User accepts the Terms of Use by accessing this Web
Site. If a prospective User does not agree to these Terms of Use, such User
should not use this Web Site. i2 reserves the right to revise the Terms of
Use from time to time, at its sole discretion; therefore, Users should
periodically review this page for any revisions. A User's continued use of
this Web Site following the posting of changes to the Terms of Use
constitutes acceptance of the revisions. i2 reserves the right to seek all
remedies available under relevant law for a User's violation of the Terms of
Use including, without limitation, suspending or blocking such User's access
to the Web Site.
2. Descriptions of Products and Services. At its sole discretion, i2
reserves the right to modify, update, or discontinue at any time without
notice, any of its products, services, and/or specifications for products
and/or services described on this Web Site, including the availability of
such products and services. Products or services described on this Web Site
may not be available in all geographic areas. The information on this Web
Site does not constitute an offer to sell any products or services.
3. Scope of Use. i2 invites a User to view, use and download sample portions
of content including, without limitation, text, graphics, software,
pictures, data, product descriptions, and audio and video files on this Web
Site ("Content") for a User's informational, non-commercial use; provided,
however, that all copyright, trademark and other proprietary rights notices
are left intact. Please note that such download and use of Content to
evaluate whether to purchase products or services from i2 or otherwise enter
into a business relationship with i2 shall not constitute commercial use. A
User may not store, modify, display, perform, reproduce, transmit or
distribute a significant portion of the content on this Web Site, or the
design or layout of the Web Site or individual sections thereof, in any form
or media. The commercial use, reproduction, duplication, copying, selling,
reselling, transmission, distribution or other exploitation of any Materials
without the prior written consent of i2 is strictly prohibited.
4. DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN AN APPLICABLE
LICENSE OR PURCHASE AGREEMENT WITH i2, IF ANY, THIS WEB SITE, ANY SOFTWARE,
CONTENT, INFORMATION, PRODUCTS, DATA AND SERVICES AVAILABLE ON OR THROUGH
THIS WEB SITE, INCLUDING FICTITIOUS DATA FOR DEMONSTRATION PURPOSES ONLY
(COLLECTIVELY, "MATERIALS"), ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS
WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT, DATA ACCURACY, SYSTEMS INTEGRATION OR
QUIET ENJOYMENT. i2 AND ITS AFFILIATES MAKE NO WARRANTY THAT (A) THE
MATERIALS ARE ERROR FREE, COMPLETE, RELIABLE OR CURRENT, (B) USE OF THE
MATERIALS WILL BE UNINTERRUPTED, (C) DEFECTS WILL BE CORRECTED, (D) THE
MATERIALS OR THE i2 SERVERS WILL BE COMPLETELY SECURE, AVAILABLE OR FREE OF
VIRUSES OR OTHER HARMFUL DEVICES OR (E) THE RESULTS OBTAINED BY THE USE OF
THE DEMONSTRATION COMPONENTS OF THIS WEB SITE WILL REFLECT THE ACTUAL
RESULTS OBTAINED BY THE USE OF i2'S PRODUCTS AND/OR SERVICES. THE FOREGOING
DISCLAIMERS ARE SUBJECT TO APPLICABLE LAW AND MAY NOT APPLY IN THEIR
ENTIRETY.
5. LIMITATION OF LIABILITY. i2 AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL
LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
STATUTE OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS
OF DATA OR PROFIT, ARISING OUT OF THE USE OR THE INABILITY TO USE THE
MATERIALS, EVEN IF i2 OR AN i2 AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, RELIANCE BY ANY USER OR
PERSON ON THE MATERIALS, MISTAKES, DELAYS OR INTERRUPTIONS IN THE USE OF THE
WEB SITE (INCLUDING, WITHOUT LIMITATION, DELAYS, BREAKDOWNS OR INTERRUPTIONS
DUE TO PROBLEMS WITH PHONE LINES OR MODEMS, ACTS OF GOD, TELECOMMUNICATIONS
FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE OR
THE MATERIALS). USE OF THIS WEB SITE AND THE MATERIALS IS AT A USER'S OWN
RISK. THE FOREGOING LIMITATIONS ARE SUBJECT TO APPLICABLE LAW AND MAY NOT
APPLY IN THEIR ENTIRETY. i2 HAS NO CONTROL OVER, AND SHALL HAVE NO LEGAL
LIABILITY FOR, ANY DAMAGES RESULTING FROM THE USE OF ANY INFORMATION THAT A
USER CHOOSES TO MAKE PUBLICLY AVAILABLE, INCLUDING REPUBLICATION, BY ANY
THIRD PARTY OF INFORMATION VOLUNTARILY MADE PUBLIC BY A USER.
6. Links to Third Party Sites. This Web Site may have links to web sites
operated by third parties. i2 provides third party links as a convenience,
and Users accessing any Internet web site linked to this Web Site do so at
their own risk. Because linked sites are not under i2's control, i2 is not
liable for the accuracy or reliability of any information, data, opinions,
advice, security protocols, statements, or other products, information, or
services made on third party web sites. Such links do not constitute or
imply i2's endorsement, sponsorship, or approval for any content on third
party web sites or locations and i2 disclaims all liability with regard to a
User's access to such linked web sites.
7. Email. E-mail submissions over the Internet may not be secure and are
subject to the risk of interception by third parties. Please consider this
fact before e-mailing or providing any personal or confidential information.
8. Employment Opportunities. i2 is committed to the principles of equal
employment opportunity. Applicants are considered for all positions without
regard to race, sex, color, religion, national origin, age, disability (so
long as such disability can be reasonably accommodated) or any other status
protected by applicable law.
9. Location. This Web Site is operated by i2 from its offices in the United
States of America. i2 makes no representation that the information and
content in this Web Site is appropriate or available for use in other
locations, and access to the Web Site from territories where the content of
this Web Site may be illegal is prohibited. Those who choose to access this
Web Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws.
10. Proprietary Rights. All of the content on this Web Site including,
without limitation, all Materials and all intellectual property rights
therein are the property of i2 or its licensors, and are protected by U.S.
and international copyright laws. The i2 logo, CASERUNNER®, and ANALYST'S
NOTEBOOK® are trademarks of i2 or its affiliates. No rights or licenses are
granted or implied herein to use any trademarks of i2. Except as expressly
provided under the "Scope of Use" section above, a User may not use,
reproduce, modify, transmit, distribute, publicly perform or display any of
the Materials or i2's trademarks without prior written permission of i2.
Microsoft and Windows are registered trademarks of Microsoft Corporation and
other products and services may be registered trademarks or trademarks of
their respective companies.
11. Rules of Conduct. Certain areas of this Web Site may permit you to
upload or post Content (such as messages and feedback) or to otherwise
interact with the Web Site and its participants. It is a violation of these
Terms of Use for any User, when using this Web Site, to: (a) use the Web
Site for illegal purposes, in violation of any applicable laws or
regulations or in violation of the rules of any i2 service providers; (b)
upload, post, e-mail or distribute any Content that a User does not have a
right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements); (c) upload, post, e-mail or distribute the proprietary
information of another (whether protected by copyright, trademark, trade
secret, right of publicity or other proprietary right) without the express
permission of the owner of such right; any person who has been found to
violate the intellectual property rights of others shall be barred from
accessing or using the Web Site; (d) copy, sell, resell or exploit for
commercial purposes, any portion of the Web Site, provided that a User may
use items of Content in accordance with the Scope of Use section above; (e)
upload, post, e-mail or distribute any Content that is unlawful, deceptive,
misleading, false, counterfeit, stolen, threatening, harassing, abusive,
obscene, pornographic, defamatory, racially or ethnically objectionable, or
in violation of the personal privacy rights of another; (f) intentionally
forge headers, manipulate identifiers or otherwise engage in any activities
intended to withhold or cloak a user's identity or contact information; (g)
upload, post, e-mail or distribute any Content that contains software
viruses, trap doors, hot keys, time bombs or any other computer code
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; (h) use any device,
software or routine to interfere or attempt to interfere with the proper
working of the Web Site; (i) use any robot, spider, other automatic device,
or manual process to monitor or copy any Web Site pages or any Content
without i2's prior express written permission; (j) take any action that
imposes an unreasonable or disproportionately large load on i2's
infrastructure as determined by i2 in its own discretion; (k) send
unsolicited commercial messages or communications in any form (spam); (l)
decompile, disassemble, reverse engineer or otherwise attempt to discover
the source code or trade secrets of the Web Site or of any software provided
by i2 through the use the Web Site; or (m) assist or permit any persons in
engaging in any of the activities described above.
Each User of the Web Site (i) is responsible for the Content that he or she
creates and submits to the Web Site, and the consequences of its use or
submission; (ii) is responsible for ensuring that the Content that such User
transmits and receives through the Web Site complies with all applicable
laws and regulations (including those relating to export control) and these
Terms of Use; (iii) is responsible for ensuring that all Content the User
transmits to the Web Site is accurate, truthful, up-to-date and complete;
and (iv) will abide by all security and safety measures established by i2 or
its service providers. i2 may preserve Content provided by a User and may
also disclose such Content and its origin if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably
necessary to: (1) comply with legal process; (2) enforce these Terms of Use;
(3) respond to claims that any such Content violates the rights of third
parties; or (4) protect the rights, property, or personal safety of i2, Web
Site Users and/or the public.
12. User Submissions. By submitting Content to the Web Site (such as
feedback or postings), each User grants i2 a perpetual, irrevocable,
worldwide, royalty-free, sublicensable (through multiple tiers) license to
use, reproduce, cache, store, modify, publicly perform, publicly display,
distribute and transmit such Content for any purpose, and waives any moral
rights and publicity rights in such Content.
13. Usage Monitoring. i2 does not pre-screen the Content that Users submit
to the Web Site, and i2 shall not be responsible for policing, monitoring or
editing such Content. i2 shall have the right, but not the obligation, to
monitor User-provided Content and use of this Web Site to improve its
performance, for legal and regulatory requirements, and to determine
compliance with these Terms of Use and other applicable policies and
procedures of i2. i2 shall have the right in its sole discretion to refuse
to post or to remove any Content on the Web Site that it believes to be in
violation of these Terms of Use or which it finds to be otherwise
objectionable for any reason, without any liability to a User. i2 will look
into possible violations when information that is sufficient to warrant an
investigation is brought to i2's attention.
14. Privacy Policy. Please see the privacy policy for our policies regarding
privacy, which policies may be modified from time to time in i2's
discretion.
15. Password Protected Areas. Access to and use of password protected or
other secured areas of this Web Site is restricted solely to authorized
Users.
16. Software. Any software downloaded from this Web Site shall be subject to
the applicable license agreement between i2 and the User for such software.
17. Demonstration Functionality. Parts of or links available through this
Web Site are provided for demonstration purposes only and permit Users to
use the fictitious data presented in such demonstration components as a
resource for learning about the products and services that i2 and its
affiliates provide. Any resemblance of such Content to reality, including,
without limitation, the names of companies is entirely coincidental. i2
shall not be liable for any such resemblance, or for any reliance by the
User on such Content. i2 may make improvements and/or changes to the
features, functionality or Content of the Web Site at any time including,
without limitation, improvements and/or changes to any demonstration
components accessible through this Web Site and any fictitious data provided
as part of such components.
18. Applicable Law. These Terms of Use will be governed by the laws of the
Commonwealth of Virginia and applicable laws of the United States, without
application of the conflicts of laws rules thereof. If any provision of the
Terms of Use is determined to be unlawful, invalid, or unenforceable, the
validity and enforceability of any other provision shall not be affected.
© 2002 i2, Inc. or its licensors. All rights reserved.
|