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Terms of Use

1. Use License

Jacada, Inc. on its own behalf and on behalf of its affiliates ("Jacada") grants you permission to view this web site (the "Site") and to print individual pages from this Site for your own personal, noncommercial use. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth in these Terms of Use. You may not modify, copy (except as otherwise noted), distribute, transmit, display, perform, reproduce, publish, license, use, create derivative works from, transfer or sell any products or services from this Site. As a condition of your use of this Site, you represent and warrant to Jacada that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site.

2. Copyrights

This Site and its contents are the copyrighted property of Jacada and may contain copyrighted property of third parties. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any copyrighted property displayed on the Site, without the prior written permission of the copyright owner. Jacada aggressively enforces its intellectual property rights to the fullest extent of the law.

3. Trademarks

The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are the registered Trademarks of Jacada and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. The name of Jacada, the Jacada logo and other materials found on this Site may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Jacada. Jacada prohibits use of its Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by Jacada in writing. Other product and company names mentioned in this Site may be the Trademarks of their respective owners and may not be used without such respective owners prior written consent.

4. Links to Third Party Sites

Jacada does not maintain, is not responsible for the content of, and does not endorse, any of the web sites linked to or from this Site. You access or connect to these linked web sites at your own risk. The content, accuracy and reliability of, and the opinions expressed and other links provided in or to, these non- Jacada web sites are not investigated, verified, monitored or endorsed by Jacada, and Jacada disclaims any warranty and liability, express or implied, with respect to the contents of such web sites.

5. Disclaimer

YOUR USE AND BROWSING IN THE SITE AND ANY CONTENT OR SERVICES PROVIDED HEREIN ARE AT YOUR OWN RISK. EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. JACADA SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT. JACADA SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE OR SERVICES PROVIDED HEREIN, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR SERVICES PROVIDED HEREIN OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE INCLUDING BUT NOT LIMITED TO ANY CONTENT OR SERVICES PROVIDED HEREIN. YOUR USE OF THIS SITE AND THE SERVICES AND CONTENT PROVIDED HEREUNDER IS AT YOUR OWN RISK. IN NO EVENT SHALL JACADA, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE CONTENTS IN THIS SITE, THE SERVICES PROVIDED PURSUANT TO THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR SERVICES OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. JACADA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE OR YOUR USE OF THE SERVICES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. Submissions

Except for information you transmit to Jacada for the purposes of receiving product support, any communication, material or information you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, postings or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post becomes the property of Jacada and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting on the Site or otherwise. Jacada is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using such information. Through your usage of this Site, you may submit and/or Jacada may gather certain limited information about you and your Site usage. Jacada Inc. is free to use such information for any purpose it deems appropriate, including, but not limited to, creating customized web pages and marketing purposes.

7. General

You agree that these Terms of Use and your use of this Site are governed by the laws of the State of Georgia, USA, without regard to its rules regarding conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Atlanta, Georgia, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or these Terms of Use, (b) in which this Site and/or these Terms of Use are an issue or a material fact, or (c) in which this Site and/or these Terms of Use are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above, and in any jurisdiction where all or any portion of this Site may violate any legal requirements, and you agree not to access this Site in any such jurisdiction. Jacada makes no representation that contents on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk and, if any part of these Terms of Use is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

8. Changes

You agree that Jacada may at any time and without notice change these Terms of Use, as well as the content of the Site.

9. Relationship

You agree that no joint venture, partnership, employment or agency relationship exists between you and Jacada Inc. solely as a result of your use of this Site.

10. Entire Agreement

These Terms of Use constitute the entire agreement between you and Jacada with respect to this Site. These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Jacada with respect to this Site. Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach. A printed version of these Terms of Use and/or of any notice given by Jacada in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Jacada in printed form.

Privacy Policy

1. Introduction

Jacada Inc., on its own behalf and on behalf of its affiliates ("Jacada") has prepared this Privacy Policy to inform you as to how we will use the information you provide to us or we obtain from you in connection with your access and use of this Site. In order to provide you with relevant information, keep track of authorized software downloads, and protect certain Jacada information, we will at times request personal information from you as you navigate this Site, and we will offer you opportunities to join specific e-mail lists.

All e-mail addresses are kept in strict confidence and are used only for authorized communications. We do NOT sell, loan, lease or make our mailing lists available for any commercial purposes whatsoever. Any unauthorized use of our lists is prohibited, and all appropriate actions will be taken to prevent unauthorized use.

Unless it is specifically stated otherwise, when you are asked for personal information on this Site, you are agreeing to share that information with Jacada. When we request your personal information, we will try to let you know at the time of collection how we will use this information.

Because no data transmission over the Internet can be guaranteed to be 100% secure, we cannot ensure or warrant the security of any such information you transmit to us, and you do so at your own risk.

Please note that Jacada provides links to third-party sites that may interest you. Those sites are not subject to this privacy policy. Please check the privacy policies of those sites before providing personal information to them.

2. Information Collection

We may collect, store and use the following kinds of personal data:

  • Information that you provide to us by registering with us via online forms or emails, subscribing to our website services and/or email notifications, through sales inquiries, and/or information about any transactions carried out between you and us on or in relation to this Site. (see Personally-Identifiable Information (PII) below)
  • Information about your visits to and use of this Site. (see Nonpersonally-Identifiable Information below)

I. Personally-identifiable information (PII)
Personally-identifiable information collected with your consent may include, for example, name, company name, mailing address, e-mail address, telephone number, or any information that you may supply in connection with applying for an account with us, any responses you choose to provide to survey questions, or any inquires you may make through the Site's registration forms. We do not share, sell, rent or trade PII with third parties for their promotional purposes.

II. Cookies
"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. This site uses first and third party cookies (session and persistent), however personally identifiable information is not collected through the use of cookies, except as described in the "Personally-identifiable Web site Activity Monitoring" section below. Cookies are used to determine whether a visitor is unique or whether a visitor has viewed our Site before. This Site uses session-persistent cookies for Site traffic analysis. While most browsers are set to accept cookies by default, you can set yours to refuse cookies or to alert you before accepting them. Your browser manufacturer has information on changing the default setting for your specific browser.

III. Personally-identifiable web site activity monitoring
In the case of visitors to our Site, who either (i) submit inquiries or information via web forms, or (ii) have been directed to our Site after clicking on a link in marketing e-mail from us, we may use software to connect such information submitted to us (such as e-mail addresses and contact information) with the IP address and cookie on the computer that has submitted the information to us (see "Cookies" above for a further description of cookies).

Once a visitor has submitted a web form to us or clicked on a particular link in a marketing e-mail from us, we may maintain a personally-identifiable record of certain information about their visits to our Site, such as the pages viewed on our Site, the time of the visit, the order of pages accessed, what search terms brought them to our Site, and the amount of time spent on each page. We may combine this information with other information about such visitor or its company. We use this information to better tailor the marketing of our products and services to our site users; we do not sell or share personally-identifiable web site activity information with third parties, other than our service providers which may use such information solely in connection with the service they are performing for us.

If you would prefer that we not link your personally identifiable information with data from your visits to our web site - Disable cookies in your Web browser. If you disable cookies, you would need to do so from each computer that you use to access our site.

IV. Nonpersonally-identifiable web site activity monitoring
This Site also collects nonpersonally-identifiable information. For example, as you browse this Site we may collect information about your visit, but not about you personally. Via web server logs, for example, we may monitor statistics such as: the number of people that visit our Site, which page(s) are visited on our Site, from which domain our visitors come (e.g., aol.com, hotmail.com, etc.), and which browsers people use to visit our site (e.g., Netscape Navigator, Microsoft Internet Explorer, etc.)

We may use this information in the administration of this Site, to improve the Site's usability, and for marketing purposes.

3. How Information Is Used

Jacada collects information from users for the following purposes:

To provide future service and support. Information collected for this purpose is both contact information and information related to products and service/support requested. This information is also used to provide service, product update, and similar notices to various Jacada communities, such as partners, resellers and customers.

To select content. Information may be collected to help create web site content and navigation that is most relevant and user friendly. This includes information collected as a result of Site navigation as well as information provided in forms.

To respond to user inquiries and requests for information. This information includes registrations for newsletters and specific requests for further information.

To better tailor marketing to user needs. We may use information to provide you with timely and pertinent notices of news, product releases and service developments that address your needs and requirements. Marketing notices are subject to the general opt-out elections.

To better respond to requests for service or quotes for products. Jacada will pass contact information to the appropriate Jacada sales person for follow-up related to your request.

To provide information on educational events or relevant partner products. We occasionally co-sponsor events with partners that provide services of potential benefit to Jacada software users. We may provide information on such events and services to users that have provided information, indicating interest in the subject matter or service. To help assure respect of your information, we maintain control of the information or limit the use of the information by these partners.

To address performance and fix issues. On occasion, patches and other fixes to software are developed by Jacada. We may communicate the availability of these patches or fixes to licensees of software and parties who have identified themselves to us as users or developers. These communications will not contain marketing messages and will not be subject to general opt-out elections, due to the potential importance of these patches and fixes.

As a result of legal requirements. Jacada may be required to provide personally identifiable information to comply with legally mandated reporting, disclosure or other legal process requirements.

4. Use of Your Information

We agree not to provide your e-mail address to any third party for commercial use (other than to our third party service providers which may use such information solely in connection with the service they are performing to us), and we will not share your information with third parties without your permission, other than for the limited purposes described above in Section 3, "How Information is Used." In addition, our Site uses outsourcing programs to assist us in collecting, storing, managing, and analyzing this data to better tailor our Site. These outsourced providers have access to your information, but are contractually obligated to keep such information confidential and will not disclose or use your information in any way. You should be aware, however, that except as limited by the foregoing sentences, and except for information you transmit to Jacada for the purposes of receiving product support, any communication, material or information you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, postings or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post becomes the property of Jacada and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting on the Site or otherwise. Except as otherwise provided herein, Jacada is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using such information.

5. Preferences and Opt-Out

Jacada recognizes that users may not wish to be contacted about new or related products. Jacada.com allows you to opt-out of e-mail marketing that may result from your use of the site. These choices may be made as part of the registration process or from links in marketing mailings. You may opt-out by sending an e-mail to unsubscribe@jacada.com, indicating "opt-out" in the subject line and specifying, if any, what problem you have encountered in the body of the message.

6. Policy Updates

We may update this policy from time to time to describe how new site features affect our use of your information and to let you know of new control and preference features that we provide you. Updates will be posted on our Web site.

7. Questions

Please contact Jacada with any questions about this Privacy Policy.

8. Headquarters

Jacada's U.S. Headquarters is located at 5901 Peachtree Dunwoody Rd., Building B, Suite 550, Atlanta, GA 30328.