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Genesys Terms of Use

(Last update: May 13, 2011)

Genesys Telecommunications Laboratories, Inc. ("Genesys") is providing this web Site including any of its portals and web pages (collectively this "Site") subject to the present Terms of Use (the "Terms of Use"). By accessing and using this Site or any part of it, you acknowledge that you and your organization have read and agree to abide by the Terms of Use. If you and/or your organization do not agree to the Terms of Use, please do not use this Site.

Limited Authorization to Access and Use this Site

General notice: Genesys authorizes you to download, view, copy and print information and documents published by Genesys on this Site (the "Information") solely for private use or for non-commercial use within your organization (or if you are a Genesys Partner or Reseller, your customer's organization) and solely for the purpose of supporting Genesys' products and services. In consideration of this authorization, you agree that any download, copy, print and use of the Information which you make shall retain all copyright and other proprietary notices in the same form and manner as in the original. No other use of the Information is authorized unless with prior written authorization from Genesys.

For the avoidance of doubt, "Information" does not include the design or layout of this Site or any part of it, or trademarks and service marks displayed on this Site. Genesys and the Genesys logo are trademarks and service marks of Genesys. Alcatel-Lucent, Alcatel, Lucent and the Alcatel-Lucent logo are trademarks and services marks of Alcatel-Lucent. You may not use these or any other trademarks or services marks of Genesys and/or Alcatel-Lucent without the prior written authorization of their respective owner(s).

Under no circumstances, shall your access to and use of this Site damage, disable, overburden or impair any Genesys server or any network connected to Genesys server. You may not attempt to gain unauthorized access to part of this Site or to other users' account, computer systems or networks connected to Genesys server such as without limitation trough hacking or password mining. Partners, customers, suppliers and associates of Genesys, that in cooperation with Genesys may publish their own proprietary material on this Site, retain full legal and copyright ownership of their own respective information.

Specific notice applicable to software: Any software that could be made available to download within this Site (the "Software") is the copyrighted work of Genesys and/or its suppliers. Use of the Software is governed by the terms of a software license agreement to be entered into between you and Genesys as per Genesys standard Software License Agreement (the "License Agreement"). The License Agreement accompanies or is included with the Software. You must read the License Agreement and confirm your agreement to its term prior to installing and/or using the Software.

Restricted rights legend: Use, copy or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c) (1) (ii) and FAR 52.227-19.

Export control restrictions: You may not access, download, use or export the Information (including the Software) in violation of the United States export laws or regulations or in violation of any other applicable laws or regulations with respect to export or import control. You and your organization agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Information and/or the Software in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, you and/or your organization shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to the use of the Information outside the territory of the United States. The Information (including the Software) may not be downloaded or otherwise provided or made available, either directly or indirectly, (a) to any country subject to the United States trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to person listed by the United State Treasury Department as "Specially Designated Nationals and Blocked Persons" or by the United States Commerce Department in its "Table of Denial Orders". By agreeing to the Terms of Use, you represent and warrant that you and your organization (if applicable) are not (i) located in, under the control of, or a national or resident of any such country or (ii) a person on any such list.

Forums

Scope of the forums: This Site may contain access to and use of forums and/or other message or communication facilities such as but not limited to e-mail function, bulletin board services, blogs, discussion groups, chat areas or news groups which are designed to enable you to communicate with Genesys and/or other users of this Site (collectively the "Forums").

To the extent technically allowed by this Site, you agree to use the Forums only to upload, post, send and receive messages (including feedback and suggestion), files, document, graphics, image and other content or materials (collectively the "Materials") that are related to the scope of such Forums.

You shall use the Forums exclusively in a non-commercial manner.

Unauthorized use: You shall not publish any Material including a promotion, advertising, solicitation to sell or purchase goods or services, to join or become members of any commercial online or offline organization or service, or more generally to use directly or indirectly the Forums for any other commercial matter.

Moreover, when uploading, e-mailing, posting, publishing or otherwise communicating through any Forum, you agree in particular that you will not in whatever manner or form, directly or indirectly:

Use such Forum in connection with or for the purpose of surveys, contests, solicitation of funds, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages;
Upload Materials that contain viruses, Trojan horses, time bombs, corrupted files or any other equivalent software or programs that may damage the operation of this Site (or any part of it) or another's (including Genesys) computer or property;
Defame, abuse, harass, invade, threaten or otherwise violate the legal rights of other Users;
transmit or facilitate the transmission, distribution or dissemination of any Material which is (i) false or misleading, (ii) promoting bigotry, racism, hatred or harm against any group or individual, (iii) obscene or indecent;
Infringe another's rights such as, but not limited to, intellectual property rights; or
More generally, violate any applicable laws, regulations or code of conduct.

Collection of information about others that are contained in the Forums (including e-mail addresses) is strictly prohibited. In addition, you shall not restrict or inhibit any other user of this Site from accessing and using the Forums.

Material removal: Genesys has no obligation to monitor the Forums. However, Genesys reserves the right to review any Material uploaded, posted or sent by Forums' users and to remove any of such Material in Genesys' sole discretion.

Rights granted to Genesys on users Materials: Genesys does not claim title to or ownership of the Materials. However, by uploading, posting, sending or otherwise transmitting any Material to any Forum or submitting any Material to Genesys:

You (and/or your organization) grant Genesys, its affiliated companies and any sub-licensees elected by Genesys or its affiliated company a perpetual, worldwide, royalty/compensation free, irrevocable, nonexclusive right and license to use, copy, reproduce, publicly display or perform, modify, adapt and/or reformat, translate, publish, transmit and distribute such Material (or any part of it) in any form, medium, or technology now known or later developed with the right to sublicense any or all of such rights. In addition, at Genesys', its affiliated companies' or sub-licensees' option, you agree to have your name published in connection with your Material or you agree to waive such right.
You warrant and represent that you (and/or your organization) own, control or have all the necessary rights to the Materials including but not limited to the rights necessary to upload, post, send or otherwise transmit the Materials and to grant licenses and sublicenses as per the provisions above.

Password and User's Account

Access to certain parts of this Site may be subject to opening of a user account and/or use of a user name and password. In such case, you must comply with the registration process described in this Site and, if so requested, choose a password and user name. You are fully responsible and liable for maintaining the confidentiality of your password and for any and all activities that occur under your password as well as for any loss or damage incurred by Genesys or any third party due to the use of your password and/or account by someone else.

You agree to notify Genesys immediately of any unauthorized use of your password and/or account or any breach of security.

Links to Third Party Web Sites

Occasionally, Genesys may make available a link to a third party's web site. These links will allow you to leave this Site. The linked sites are not under the control of Genesys and Genesys is not responsible for the contents of any linked site any link contained in a linked site or any changes or updates to such sites. Genesys is not responsible for Web casting or any other form of transmission received from any linked sites. Genesys provides such links only as a convenience. Genesys does not endorse such linked site or its use or content.

Disclaimers

Any and all the Information (including the Software if any) provided on this Site are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose or any warranties regarding workmanlike efforts, lack of negligence or non-infringement.

Genesys makes no warranty that (a) the results that may be obtained from the use of this Site or any tools or services available or offered through this Site will be accurate or reliable or (b) the quality of any products or services described in this Site will meet your expectations.

The content of this Site may include technical inaccuracies or typographical errors. Genesys does not warrant that the electronic functions contained in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the information available through this site.

In the future changes may be added to the information herein but there will be no duty to update this site. Genesys may make improvements and/or changes in the product(s) and/or program(s) described on this Site at any time without notice.

Limitation of Liability

Neither Genesys nor any of its affiliated companies, directors, employees, or other representatives shall be held liable for errors contained herein, or for any direct, indirect, special, punitive, incidental or consequential damages such as, but not limited to, loss of data, loss of profits or revenues, loss of business, loss of reputation, or any economic loss arising out of, or in connection with the furnishing, the access, or use, or inability to use this site, or reliance on any of the information provided and/or material contained in this site even if advised of the possibility of such damages.

Some states do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

User Indemnity to Genesys

You and your organization agree to defend, indemnify and hold Genesys, its affiliated companies, directors, employees or representatives harmless from and against any and all damages, expenses (including attorneys reasonable fees), losses or liabilities arising out of or in connection with your access to or use of this Site (including the Forums).

Termination of Access

Genesys may, at its option, terminate without notice any user's access (and any account of such person) to this Site without prejudice to its right to claim for indemnification of damages in case of termination for breach of the Terms of Use.

Notice and Procedure for making Claims of Copyright infringement

Genesys will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (c)(2)("DMCA"). Pursuant to DMCA, notifications of claimed copyrighted infringement (the "Notification") must be submitted to the following Designated Agent for this Site:

Service Provider(s): Genesys Telecommunications Laboratories, Inc. Name of Agent designated to receive Notification: Legal Department. Full address of Designated Agent to which Notification should be sent: 2001 Junipero Serra Blvd, Daly City, CA 94014, USA. Telephone number of Designated Agent: 1 650 4661100 Facsimile number of Designated Agent: 1 650 466 1260 E-mail address of Designated Agent: Legal@genesyslab.com

To be effective, the Notification must include the following:

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 the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be connected.
A statement that the complaining party has 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.
A statement that the information in the Notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For further information on intellectual property matters, please contact the Legal Department of Genesys

Legal Notices - Privacy Policy

Legal Notices (current version available below) and Privacy Policy are an integral part of the Terms of Use.

Applicable law - Disputes resolution

The Terms of Use as well as all matters relating to your access to and use of this Site shall be governed by the laws of the State of California, to the exclusion of its conflict of law provisions and, where applicable, with the federal law of the United States.

Any dispute, legal action or proceeding relating to your access to and use of this Site or interpretation of the Terms of Use shall be subject to the exclusive jurisdiction of the California state courts in and for San Mateo County, California (or, if there is federal jurisdiction, the United States District Court for the Northern District of California), and you and Genesys irrevocably agree to submit to the personal and exclusive jurisdiction of these courts and that venue therein is proper and convenient. Any judgment or order by any court having proper jurisdiction against either you or Genesys may be enforced in any court having jurisdiction over you or Genesys as the case may be.

Modification of the Terms of Use

Genesys may update and made changes to the Terms of Use at any time without prior notification. When doing so, Genesys will also revise the "last updated" date at the top of the Terms of Use. With respect to the Privacy Policy material changes will be notified to you by placing prominent notice on this Site.

Legal Notices

(Last update: May 13, 2011)

The following information are provided to you with respect to your use of this web site or any part of it (this "Site").

Copyright

Copyright © 2007 Genesys Telecommunications Laboratories, Inc. All rights reserved. You are authorized to copy documents published by Genesys Telecommunications Laboratories, Inc. ("Genesys") on this Site only as specifically permitted by the Terms of Use.

Trademarks

Genesys and the Genesys logo are trademarks and service marks of Genesys.

Alcatel-Lucent, Alcatel, Lucent and the Alcatel-Lucent logo are trademarks and services marks of Alcatel-Lucent.

All other trademarks are owned by their respective owners.

Other Intellectual Property Rights

Any product, process or technology described in this Site may be subject to other Intellectual Property Rights reserved by Genesys, its affiliated companies (including Alcatel) or any third party. Unless otherwise expressly authorized in this Site, no right to use any such Intellectual Property Rights is granted hereunder.

Important Notice to Users

This Legal Notices may include inaccuracies or typographical errors. Changes may be made to the information herein and incorporated into new editions of this Legal Notices. However, there are no duties or obligations on Genesys to update this Legal Notices.

THE INFORMATION OF THIS LEGAL NOTICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY REGARDING ACCURACY, RELIABILITY OR NON-INFRINGEMENT.

If you have any question about this Legal Notices, please contact us at Legal@genesyslab.com