AMDOCS OPTIMA TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
Amdocs Optima operates this web site (the “Web Site”) as a service to its visitors subject to these Terms (as defined below) and all modifications thereto, in addition to guidelines that may be published from time to time by Amdocs. By entering and/or using this and other web sites owned, operated or maintained by Amdocs Optima or its affiliates, you, the user, are deemed to have agreed to comply with and be bound by the following terms and conditions of use (the “Terms”). Amdocs Optima reserves the right to modify them at any time, and without actual notice to you. All such changes to these Terms will appear on the Web Site: http://www.amdocs.com By entering and/or using this Web Site following any modifications to the Terms, you agree to be bound by any such modifications to the Terms.
YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.
The operations, businesses, and properties described in this publication are owned or operated by Amdocs Optima Limited or by various affiliates and subsidiaries of Amdocs Optima Limited. The terms “Amdocs” “company,” “we,” “our,” and “its” when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.
WEB SITE SERVICES 1. The Web Site is intended to provide information about Amdocs Optima and its affiliates to potential customers, business partners, investors, and employees. Such information about Amdocs Optima may include, without limitation, a description of its products and services, financial performance, and potential employment opportunities.
INTELLECTUAL PROPERTY RIGHTS 2. As between Amdocs Optima and you, Amdocs Optima is the sole owner of all content on the Web Site including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto. Except as otherwise provided in these Terms, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens.
The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is at mailbox: firstname.lastname@example.org
RESTRICTIONS ON USE OF MATERIAL OR LINKING TO THIS SITE
3. The content on this Web Site is intended for informational purposes only. These web pages or any portions thereof may not be framed, reproduced or redistributed for commercial gain or any other purpose. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt, create derivative works from, or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, copy, display, or commercially exploit any material from the Web Site. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Web Site. Moreover, any Amdocs, affiliate, or third party corporate names and logos may not be altered or used without specific, prior written permission.
DISCLAIMER OF WARRANTIES
4. Amdocs Optima provides the information on Amdocs Optima web sites on an “as is” and “as available” basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, Amdocs Optima specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the web site; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Amdocs Optima does not warrant or guarantee: (i) that any portion of the web site will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the web site will be uninterrupted or error-free.
LIMITATION OF LIABILITY
5. Under no circumstances, including, but not limited to, negligence, shall Amdocs Optima be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this web site or any other Amdocs Optima web site, even if Amdocs Optima or a Amdocs Optima authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the web site. In no event shall Amdocs’ total liability to you herein, for any claim or action arising from use of the web site (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Amdocs’ liability shall be limited to the fullest extent permitted by law.
THIRD PARTY LINKS
7. Unless specifically requested, Amdocs Optima does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site, any of its services, by e-mail, or in any other way. By submitting or sending information or other material to Amdocs Optima you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to Amdocs Optima you grant Amdocs Optima the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived. You agree and acknowledge that by using this Web Site, any and all communications and/or information transmitted by you to or through the Web Site will not be treated as confidential or proprietary. You agree to defend, indemnify and hold Amdocs Optima and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Web Site or the placement or transmission of any message, content, information, software or other materials through the Web Site by you.
APPLICABLE LAWS / JURISDICTION
8. By accessing or visiting our web sites, you expressly agree that the laws of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction and venue for any claim, dispute, or cause of action with Amdocs, or relating in any way to the Web Site or your use of the Web Site, reside in the courts located in the State of New York. You further agree and expressly consent to the exercise of personal jurisdiction in any State or Federal court sitting in the city, county and state of New York in connection with any such dispute and including any claim involving Amdocs Optima or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
9. By accessing or visiting our web sites, you expressly waive any and all rights, including those related to privacy, to the extent such rights are different and/or in conflict with those rights protected by federal or New York laws. You are responsible for compliance with local laws, if and to the extent local laws are applicable.
10. Except as specifically noted above, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law to use, copy, reproduce, retransmit, display or create derivative works from materials, logos and content contained within this Web Site.
11. Various pages on this web site contain certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1993, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, which are intended to be covered by the safe harbors created thereby. Words such as “expects,” “intends,” “plans,” “projects,” “believes,” “estimates,” and similar expressions are used to identify such forward-looking statements. In addition, certain presentations available for viewing were created as of the dates indicated on such presentations and Amdocs Optima expressly disclaims any responsibility for updating such presentations.
Forward-looking statements relating to Amdocs’ operations are based on management’s expectations, estimates and projections about Amdocs Optima and the customer care and billing industry in effect on the date the statements were made. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict. Further, certain forward-looking statements are based upon assumptions as to future events that may not prove to be accurate. Therefore, actual outcomes and results may differ materially from what is expressed or forecast in such forward-looking statements.
1. Amdocs Optima is committed to honoring the privacy and security of visitors to web sites owned and operated by Amdocs Optima or its affiliates and have explained the steps we have taken to do so. We urge you to read the following sections.
PERSONALLY IDENTIFIABLE INFORMATION
2. When you submit a request or electronically pass information to Amdocs Optima (including, but not limited to, comments, feedback, employment applications and resumes), you are sometimes asked to provide certain information, including, but not limited to, your name, title, company, address, phone and fax numbers, e-mail address and line of business. We ask for this personally identifiable information in order to facilitate your requests, provide personalized service and communicate separately with you. Except as otherwise set forth herein, we do not sell, trade, or rent your personally identifiable information with any third parties outside of Amdocs.
3. Because we rely on third party commercial software and programs to operate our servers, we may inadvertently collect personal information due to certain automatic functions or features contained in such software or due to certain software changes or upgrades. We will use reasonable efforts to remove any such information after we discover such information in our system. If you know of any such unintended collections, please notify us promptly so we can take the necessary action to remove such information from our system.
INTERNET PROTOCOL ADDRESS
4. We may use your Internet Protocol address to help diagnose problems with our server and to administer the Web Site. Your Internet Protocol address is used to help identify you for the duration of a session and to gather broad demographic information.
5. As you browse the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes called “clickstream” data, can be collected and stored by a web site’s server. Clickstream data can tell us the type of computer and browsing software you use, the address of the web site from which you linked to the Web Site, and in some instances, your e-mail address. We may use clickstream data to determine how much time visitors spend on each page of the Web Site and how they navigate through the Web Site. [We will only use this information to improve the Web Site. Any collection or use of clickstream data will be anonymous and aggregate, and will not contain any personally identifiable information.
CONSENT TO PROCESSING
6. By providing any information to the Web Site, all users fully understand and unambiguously consent to the collection and processing of such information.
LEGAL DISCLOSURE; CIRCUMSTANCES OF DISCLOSURE
7. Notwithstanding anything to the contrary herein, Amdocs Optima shall, pursuant to valid legal process, such as a search warrant, subpoena, or court order, allow access to information, including personally identifiable information, provided to Amdocs Optima or the Web Site in order to comply with such process and to protect our rights and property. If warranted, we may also allow access to this information in special emergencies where physical safety is at risk. Amdocs Optima reserves the right to disclose any information obtained from or about you, including but not limited to personally identifiable information, data obtained from internet protocol addresses and clickstream data, to third parties in connection with a merger, acquisition, bankruptcy or sale of all or substantially all of Amdocs’ assets.
8. The Web Site may contain links to other sites. Other sites may also reference or link to the Web Site. Amdocs Optima is not responsible for the privacy practices or the content of such other sites. See Section 6 (“Linking”) above in the Terms and Conditions of Use.
9. The Web Site is not directed nor targeted to children. Amdocs Optima will not knowingly collect information from children. Because our software does not automatically distinguish visitors under 13 from other visitors, Amdocs Optima requires users under 13 years of age to obtain the consent of a parent, guardian, teacher, or librarian to view the Web Site. If Amdocs Optima learns that a child has provided personally identifiable information to the Web Site, it will use reasonable efforts to remove such information from its files.
USER’S ACCEPTANCE OF THIS POLICY
If you have any questions or comments regarding privacy issues on the Amdocs Optima Web Site, please use the following mailbox: email@example.com
11. We take security very seriously. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and Amdocs, and Amdocs Optima and you, will be free from unauthorized access by third parties. Users of the Web Site use the Web Site at their own risk.
COOKIES & OTHER MEANS OF IDENTIFICATION
13. In many cases, these tags/files lead to the use of your device’s processing or storage capabilities. Some of these tags/files are set by Amdocs Optima itself, others by third parties; some only last as long as your browser session, while others can stay active on your device for a longer period of time.
14. These tags/files can fall into several categories: (i) those that are necessary for functionality or services that you request or for the transmission of communications (functionality tags/files); (ii) those that we use to carry out Web Site performance and audience metrics (analytics tags/files) and (iii) the rest (tracking across a network of other websites, advertising, etc.) (other tags/files).
15. Internet browsers allow you to change your cookie settings, for instance to block certain kinds of cookies or files. You can therefore block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies, you may not be able to access all or parts of the Web Site, due to the fact that some may be functionality cookies. For further information about deleting or blocking cookies, please visit: http://www.aboutcookies.org/Default.aspx?page=2
16. Functionality and analytical tags/files do not require your consent. For other tags/files, however, we request your consent before placing them on your device. You can give your consent by allowing cookies in your browser settings or by continuing to use our Web Site.
17. To consult the list of cookies we use on our Web Site, please check your browser’s instructions.
18. You can find more information about cookies and similar tags/files at the following addresses:
http://www.youronlinechoices.eu/ (a guide to behavioral advertising and online privacy, produced by the internet advertising industry)