Terms of Use By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, you may not use this website. Netezza Corporation and its affiliates (“Netezza”) may, without notice to you, at any time revise these Terms of Use by updating this posting. General This website contains proprietary notices and copyright information, the terms of which must be observed and followed. You agree to keep intact all copyright, trademark, and other proprietary notices This site and all content in this site are provided solely for use by you and may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works except as expressly permitted by Netezza. You are hereby granted non-exclusive, non-transferable, limited permission to access, use and display the web pages within this site, solely on your computer and for your personal, non-commercial use of this website. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice. Upon such termination, you must immediately destroy all copies of downloaded materials in your possession or control. Certain disclaimers and obligations The content on this website is not provided, reviewed, approved or endorsed by Netezza and is provided solely as a convenience for your personal use. All postings and use of the content on this site are subject to these Terms of Use. Content on this website may contain or be subject to specific guidelines or limitation on use. Third parties using this content agree to abide by any limitation or guidelines and to comply with these Terms of Use. Netezza may make changes to this content at any time, or may remove content or discontinue, temporarily or permanently, the web site (or any part thereof) at its sole discretion without notice. Confidential information Content on this website may be viewed and accessed by third parties. Please do not post any confidential information; Netezza does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to Netezza will be deemed NOT to be confidential. By sending Netezza any information or material, you grant Netezza an unrestricted, royalty-free, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Netezza is free to use without any cost or obligation any ideas, concepts, know-how, or techniques that you post to this website or otherwise send us for any purpose. U.S. government restricted rights Any software provided via this website is commercial computer software developed exclusively at private expense and any use, duplication, and disclosure by civilian agencies of the U.S. Government shall not exceed those minimum rights set forth in FAR 52.227-19(c) or successor regulations. Use, duplication, and disclosure by U.S. Department of Defense agencies is subject solely to the license terms and conditions provided with the software, as stated in DFARS 227.7202 or successor regulations. U.S. Government rights shall apply only to the specific agency and program for which the software is obtained. Global availability Content published on the World Wide Web may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Netezza intends to announce or make available such products, programs, or services in your country. Links This website may provide links or references to non-Netezza websites and resources. Netezza makes no representations, warranties, or other commitments whatsoever about any non-Netezza websites or third-party resources that may be referenced, accessible from, or linked to any Netezza site. You acknowledge and agree that Netezza is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources. Netezza may at any time, in its sole discretion, terminate or remove any links or references to other websites and resources. DISCLAIMER OF WARRANTY USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. NETEZZA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, APPROPRIATENESS OR INFRINGEMENT OF ANY PATENT, COPYRIGHT OR OTHER PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, NETEZZA MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OR SOFTWARE AND OTHER MATERIALS OBTAINED BY YOU FROM NETEZZA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY IN NO EVENT WILL NETEZZA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF NETEZZA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Forward-looking and cautionary statements Except for historical information and discussions, statements set forth throughout this web site may constitute forward-looking statements within the meaning of the Securities Exchange Act of 1934, as amended, or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company's filings with the U.S. Securities and Exchange Commission. See the “SEC Filings” tab under “Investor Relations” at www.netezza.com or www.sec.gov for copies of such filings. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available. Netezza does not control the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the web site you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Netezza be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 web site. You are prohibited from and agree not to do the following:
Netezza may or may not pre-screen Content, but Netezza and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, modify or remove any Content that is available via the web site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Netezza or submitted to Netezza. PROPRIETARY RIGHTS You acknowledge and agree that software used in connection with the web site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Netezza or the applicable licensor, as applicable, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the web site, Content or the software, in whole or in part. TRADEMARKS You agree that all of Netezza’s trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and the property of Netezza (referred to collectively as the “Netezza Marks”). Without Netezza’s prior permission, you agree not to display or use in any manner the Netezza Marks. GENERAL TERMS Entire Agreement. These Terms of Use constitute the entire agreement between you and Netezza and supersedes any prior version of these Terms of Use. You also may be subject to additional terms and conditions that may apply when you use any third-party content or third-party software. Assignment. You may not assign, delegate, or otherwise transfer your rights to use this web site or these Terms of Use to a third party without Netezza’s prior written consent, Any assignment in violation of the foregoing shall be void. These Terms of Use shall be binding and inure to the benefit of the parties, their successors, and permitted assigns. Governing Law and Forum. You and Netezza each agree that these Terms of Use and the relationship between the parties shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms of Use, or the relationship between you and Netezza shall be brought exclusively in the state or federal courts located in the Commonwealth of Massachusetts. You and Netezza agree to submit to the personal jurisdiction of the state and federal courts located within the Commonwealth of Massachusetts and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Waiver and Severability of Terms. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The failure of Netezza to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the web site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement. Headings.
The section titles in these Terms of Use are for convenience only and
have no legal or contractual effect. |