This OIX Web Site and Listing Service Agreement and Terms of Use ("Agreement” or “Terms of Use") is an agreement between Open Identity Exchange ("OIX") and each person or entity that is an OIX Member or that accesses the information, materials, data, applications, or services available on or through the OIX Listing Service Web site (referred to herein as a "User," "You," or "Your") or other online resources of OIX. The OIX Listing Service Site and other OIX web sites (collectively, the “OIX Sites”) are currently offered and operated by OIX on the Internet, and may be offered through other information systems and media in the future. This Agreement is intended to apply to uses in all such systems and media. The OIX Sites offer various on-line applications, materials and services provided by OIX, affiliates of OIX and, in some cases, by third parties. Users that are OIX General Members or Listed Members will have established an account (the “User Account”) with OIX for which they will be issued a username and password. For other Users, establishing an Account may be required prior to accessing certain information and functionality on the OIX Sites. There is also information and functionality on the OIX Sites that can be accessed by non-Members of OIX without an account. All such Users are subject to these terms.
(A) This Agreement governs User's (and User's Account's) use of the OIX Sites and, unless specifically set forth otherwise herein, all other applications, materials or services accessible through the OIX Sites. Supplemental terms and conditions pertaining to the various applications and services accessible via the OIX Sites are set forth in paragraph 15 hereof ("Supplemental Terms"). Such Supplemental Terms (unless they specifically state otherwise) are intended to be applied in addition to and not in lieu of the terms and conditions contained in this Agreement. By accessing any other such applications or services, User hereby agrees to be bound by this Agreement and such applicable Supplemental Terms. Your use of the OIX Sites is conditioned upon Your acceptance, without modification, of all provisions of this Agreement. Any information, data, materials and other content accessed, requested or provided through, and the services, materials and applications accessible through the OIX Sites must be accessed, requested and used in accordance with the provisions of this Agreement. OIX reserves any and all rights not expressly granted under this Agreement. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AND FULLY NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT CLICK "ACCEPT" AND DO NOT USE THE OIX SITES OR ANY OF THE APPLICATIONS, MATERIALS OR SERVICES ACCESSIBLE THROUGH THE OIX SITES.
(B) The right to use the OIX Sites is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password), and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s). You agree to notify OIX immediately if you become aware of or suspect the loss, theft, or any unauthorized use of or access to your password or unauthorized access to the OIX Sites or any of the materials, applications or services available thereunder. Permission to access and use the information provided through the OIX Sites and the services, materials and applications accessible via the OIX Sites is conditioned on conformance with the following identified uses and shall be used ONLY for Your own personal or professional use, and in accordance with all other terms of this Agreement:
1. Transfer of Registration Information to OIX and engaging in activities associated with Membership in OIX.
2. Research, review and investigation of identity management industry trends and developments.
3. Activities associated with identification of standard setting opportunities within the industry, and the identification, promotion and adoption of “best practices” in the identity management services sector of the information management industry.
4. Educational activities associated with the identity management services sector of the information management industry directed at assisting producers and consumers of identity management services in understanding emerging and existing products and services in the industry.
5. Communicating with OIX.
6. Such other uses as OIX may authorize from time to time.
(C) Due to the nature of the Internet, the OIX Sites can be accessed from various countries around the world and may contain references to OIX information, services, and programs that are not available in Your country. These references do not imply that OIX intends to announce or offer such information services, or programs in Your country.
(D) The OIX Sites site is controlled, operated, and administered by OIX from its offices within the United States of America. OIX makes no representation that the OIX Sites or the services, applications, and materials accessible via the OIX Sites site are appropriate or available for use at locations outside of the United States. Your are prohibited from accessing the OIX Sites from territories where the OIX Listing Service, and any information, services, applications or materials accessible through the OIX Listing Service are illegal. If You access the OIX Listing Service Web site from a location outside the United States, You are responsible for compliance with all applicable local laws.
(E) OIX shall have the right at any time without notice or obligation to User to modify, change or discontinue any aspect or feature of the OIX Sites, including, but not limited to, content, functionality, hours of availability, and minimum system hardware, software and network requirements needed for access or use of the OIX Sites.
OIX reserves the right, in its sole discretion, to change any of the OIX Listing Service Terms of Use and other guidelines or rules posted on the OIX Sites or any part of any of the applications, materials or services accessible through the OIX Listing Service from time to time. Notice of material changes to the OIX Listing Service Terms of Use will be provided at the login or home page of the OIX Sites. After such notice has been posted, Your use of the OIX Listing Service or any of the information, applications, materials or services accessible through the OIX Listing Service constitutes Your acknowledgement, agreement and acceptance of the changes to the OIX Listing Service Terms of Use. Your use of the OIX Listing Service will be subject to the most current version of the OIX Listing Service Terms of Use posted on the home or login page of the OIX Sites at the time of such use. You should periodically check the "OIX Listing Service Terms of Use" link on the home or login page to view the then-current OIX Listing Service Terms of Use. If You breach any of the then current OIX Listing Service Terms of Use, Your authorization to use the OIX Listing Service automatically terminates and any materials downloaded or printed from the OIX Listing Service Web site in violation of the OIX Listing Service Terms of Use must be immediately disposed of or destroyed. Upon request by OIX You shall provide OIX with a certification of an officer acknowledging that You have complied with the foregoing requirement.
The OIX Listing Service Terms of Use may not be altered or amended orally. Only OIX has the right to alter or amend the OIX Listing Service Terms of Use.
User shall be responsible for obtaining and maintaining all telephone, computer hardware and software and network and other equipment needed for access to and use of the OIX Listing Service and the information, services, applications and materials accessible through the OIX Listing Service, and all charges and costs related thereto. The OIX Listing Service Web site and all applications, materials and services accessible through the OIX Listing Service must be viewed using a browser that can support the functionality of the site. Information about system requirements can be found at www.openidentityexchange.com.
(A) User shall use the OIX Sites for lawful purposes only. User shall not post or transmit through the OIX Listing Service any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages or qualifies as conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without OIX's express prior written approval, contains advertising or any solicitation with respect to any products or services. Any conduct by a User that in OIX's sole discretion restricts or inhibits any other User from using or enjoying the OIX Listing Service or the applications, materials and services accessible through the OIX Listing Service will not be permitted.
Unless otherwise specifically set forth herein, User shall not use the OIX Listing Service or any of the applications accessible through the OIX Listing Service, or the content contained therein or obtained therefrom, to advertise or perform any commercial solicitation. In no event may You offer to others any content of any kind retrieved from the OIX Listing Service directly for commercial purposes, or as part of a subscription service or similar arrangement, although the information may be used for purposes of informing development work by one or more OIX Members directed toward the establishment of industry standards, “best practices” and interoperable systems and system technology tools and policy and legal rules that will benefit the information and identity management services industries.
You agree that You will not use content of any kind retrieved from the OIX Listing Service or the applications, materials or services accessible through the OIX Listing Service to develop or create a database to be sold, leased, furnished, licensed or made otherwise available (either commercially or free of charge). You agree that You will not use, or allow others to use, any data mining, robots, or similar data gathering and extraction methods to monitor or copy the OIX Listing Service or the information, applications, materials or services accessible through the OIX Listing Service in bulk, or to make voluminous, excessive or repetitive requests for information. You further agree that You will not use any device, software or routine to bypass any software or hardware that prohibits volume requests for information, You will not interfere with or attempt to interfere with the proper working of the OIX Listing Service or the applications, materials or services accessible through the OIX Listing Service, and You will not take any action that imposes an unreasonable or disproportionately large load on the OIX Sites or the OIX Web site.
(B) The OIX Sites and the applications, content or services accessible through the OIX Listing Service contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, compilations, photos, video, graphics, and music and sound. OIX owns a copyright in the selection, coordination, arrangement and enhancement of such information and data, as well as in some or all of the content original to it. The OIX Listing Service and the applications, materials or services accessible through the OIX Listing Service contain links to and accesses proprietary databases of OIX and other third parties and employs proprietary software of OIX and other third parties. The applications, materials or services accessible through the OIX Listing Service are created by or on behalf of OIX. You are neither restricted nor prohibited by OIX from obtaining a copy of any original Registration Information or other information from a non-OIX source. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the applications, materials or services hosted on or obtained from the OIX Listing Service or the applications, materials or services accessible through the OIX Listing Service, in whole or in part. You may download content from the OIX Sites for Your personal and professional use only and only in accordance with this Agreement. Except as otherwise expressly permitted by law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of OIX and, if applicable, the owner of any intellectual property or other proprietary rights in such material. In the event of any permitted copying, redistribution or publication of content obtained from the OIX Sites, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading material from the OIX Sites.
(C) User shall not upload, post or otherwise make available (either by including it in Registration Information or otherwise) on the OIX Listing Service Web site or the applications, content or services accessible through the OIX Listing Service, any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any material is not protected by law is with the User that provides the data to OIX. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to the OIX Listing Service or the applications, materials or services accessible through the OIX Listing Service, User automatically grants or warrants that the owner of such material has expressly granted OIX a royalty-free, perpetual, irrevocable, non-exclusive, unlimited right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other right that may exist in such material. User also permits any other User to access, view, store or reproduce the material accessible to such User via the OIX Sites for that User's personal or professional use. User hereby grants OIX the rights to edit, copy, publish and distribute any material made available on the OIX Listing Service or via the applications, materials or services accessible through the OIX Listing Service by User in any media now known or developed in the future.
(D) As long as You comply with the terms of this Agreement, OIX grants to You a non-exclusive, revocable-at-will license to use the OIX Listing Service or the applications, materials or services accessible through the OIX Listing Service for the purposes described herein.
(E) The foregoing provisions of Section 5 are for the benefit of OIX, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
(A) USER EXPRESSLY AGREES THAT USE OF THE OIX SITES OR THE APPLICATIONS, MATERIALS OR SERVICES ACCESSIBLE THROUGH THE OIX INFORMATION SYSTEM IS AT USER'S SOLE RISK. NEITHER OIX, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MEMBERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE OIX INFORMATION SYSTEM OR THE APPLICATIONS, MATERIALS OR SERVICES ACCESSIBLE THROUGH THE OIX INFORMATION SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE OIX INFORMATION SYSTEM OR THE APPLICATIONS, MATERIALS OR SERVICES ACCESSIBLE THROUGH THE OIX INFORMATION SYSTEM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE OIX INFORMATION SYSTEM OR THE APPLICATIONS, MATERIALS OR SERVICES ACCESSIBLE THROUGH THE OIX INFORMATION SYSTEM.
(B) THE OIX INFORMATION SYSTEM OR THE APPLICATIONS, MATERIALS OR SERVICES ACCESSIBLE THROUGH THE OIX INFORMATION SYSTEM ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT OIX AND ITS AFFILIATES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL OIX, ITS AFFILIATES, MEMBERS OR LICENSORS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE OIX INFORMATION SYSTEM, THE APPLICATIONS, MATERIALS OR SERVICES ACCESSIBLE THROUGH THE OIX INFORMATION SYSTEM OR SOFTWARE UNDERLYING THE OIX INFORMATION SYSTEM OR THE APPLICATIONS OR SERVICES ACCESSIBLE THROUGH THE OIX INFORMATION SYSTEM, FOR OR ON BEHALF OF OIX, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OIX INFORMATION SYSTEM OR THE APPLICATIONS, MATERIALS OR SERVICES ACCESSIBLE THROUGH THE OIX INFORMATION SYSTEM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE OIX INFORMATION SYSTEM OR THE APPLICATIONS, MATERIALS OR SERVICES ACCESSIBLE THROUGH THE OIX INFORMATION SYSTEM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER OIX, NOR ITS AFFILIATES, MEMBERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE OIX INFORMATION SYSTEM OR THE APPLICATIONS, MATERIALS OR SERVICES ACCESSIBLE THROUGH THE OIX INFORMATION SYSTEM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY OR FOR ANY DISCIPLINARY OR REGULATORY ACTION TAKEN THEREUPON. NEITHER, OIX, NOR ITS AFFILIATES, MEMBERS, LICENSORS, OR INFORMATION PROVIDERS SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE ENTERING INTO A TRANSACTION WITH ANY THIRD PARTY THAT REFERENCES OR RELATES TO ANY INFORMATION, MATERIALS, SERVICES PRESENTED ON THE OIX SITES, USERS ARE ADVISED TO CONSULT WITH THEIR LEGAL ADVISORS. OIX, ITS AFFILIATES, MEMBERS, LICENSORS, AND INFORMATION PROVIDERS SHALL HAVE NO LIABILITY FOR ANY USER DECISIONS BASED ON THE INFORMATION PROVIDED IN OR THROUGH THE OIX SITES. NEITHER, OIX, NOR ITS AFFILIATES, LICENSORS, OR INFORMATION PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE INFORMATION MADE AVAILABLE BY OIX THROUGH THE OIX SITES OR OTHERWISE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
OIX shall have the right, but not the obligation, to monitor the content of the OIX Sites or the information, applications, materials or services accessible through the OIX Listing Service, to determine compliance with this Agreement and any other rules established by OIX or any OIX Rules and to satisfy any law, regulation or authorized government request. The term "OIX Rules" shall mean all applicable laws (including intellectual property, and communications laws), statutes and regulations, the rules and regulations of OIX, OIX's decisions and interpretations, or other guidelines (including but not limited to, policies on the use and display of data), or successors of the components of the OIX Rules, as they may exist at the time. OIX shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the OIX Listing Service or the applications, materials or services accessible through the OIX Listing Service. Without limiting the foregoing, OIX shall have the right to remove any material that OIX, in its sole discretion, considers to be in violation of the provisions hereof or OIX Rules.
(A) Even though the OIX Sites and the OIX websites and other OIX Internet services and functionality are intended to be accessed for business rather than personal purposes, OIX recognizes that Users of the site include individuals who are acting in their own or a representative capacity for such businesses. OIX respects Your privacy and understands that the protection of personal information about You is important to you. That is why OIX asks you not to share your personal information with OIX either as Registration Information or otherwise. Users should also not transfer or make available to OIX, either by inclusion in Member Registration Information or through the use of the OIX Sites, any personal information of any third party.
OIX Members are asked to provide OIX with certain business contact information and other information about their identity management related services and needs. In each case, Members and other Users agree that they will only provide information that they consider to be business rather than personal contact and other information, and Users acknowledge and agree that any information, including Registration Information and any other communications with OIX may be included in the Listing Service and other information programs of OIX that are available to OIX members and the public, and Users agree that by providing such information they “opt in” to the inclusion of any such information in Registration Information, subject to OIX rules applicable to such information. We also intend to use any such information about You for purposes of supporting Your relationship with OIX by designing our Web site in a way that that is suitable to the needs of You and other users, and alerting You to new OIX information services and OIX Sites features as they become available. OIX may collect such information from You, with Your knowledge, as needed for security, surveys, Web site content, e-mail delivery, etc., and OIX collects information with regard to User's use of the OIX Sites and other aspects of the OIX website.
OIX may use IP addresses to analyze trends, administer and protect the OIX Listing Service, track user's movement, and gather demographic information for aggregate use.
You agree that OIX may collect and use information about and provided by you as described in this Section 8.
(B) OIX is not responsible for preventing improper access to personal or sensitive information that is shared within email correspondence by You, is disclosed in any Registration Information that is provided to OIX by you or on your behalf, or is disclosed without OIX's request and sent through the OIX Listing Service email system.
(C) Information collected by OIX may be used for service and product development, disseminating improvements and enhancements to the OIX Listing Service Web site and other OIX offerings to User and communication by OIX or its affiliated entities with User.
User agrees to defend, indemnify and hold harmless OIX, its affiliates, licensors, and information providers and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the OIX Sites or the applications, materials or services accessible through the OIX Listing Service by User or User's Account.
Either OIX or User may terminate this Agreement at any time. Without limiting the foregoing, OIX shall have the right to immediately terminate User's Account in the event of any conduct by User which OIX, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 2, 5, 6, 8, 9 and this Section 10 shall survive termination of this Agreement.
The works of authorship contained in the OIX Sites or the information, applications, content or services accessible through the OIX Listing Service, including but not limited to all compilations, designs, text and images are owned, except as otherwise expressly stated, by the Open Identity Exchange, or one of its affiliates. Users may not use any trademark, service mark, copyright or patent of OIX, registered or unregistered, in any manner, without the prior written consent of OIX.
Use of some third party materials included on the OIX Listing Service Web site or the applications, content or services accessible through the OIX Listing Service may be subject to other terms and conditions typically found in a separate license agreement or "Read Me" file located near such materials. OIX is a distributor (and not a publisher) of content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of the OIX Listing Service or the applications, materials or services accessible through the OIX Listing Service, are those of the respective author(s) or distributor(s) and not of OIX. Neither OIX, its Members, nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the information available through the OIX Listing Service or the applications, content or services accessible through the OIX Listing Service (including, but not limited to certifications and other evidence of compliance with various technical, legal and trust framework requirements issued by assessors, auditors or others) represents the opinions and judgments of the respective OIX Member, information provider, User, or other user not under contract or other legal obligation with OIX. OIX neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the OIX Listing Service or the applications, content or services accessible through the OIX Listing Service by anyone other than authorized OIX employee spokespersons while acting in their official capacities. Under no circumstances will OIX be liable for any loss or damage caused by a User's reliance on information obtained through the OIX Listing Service or the applications, materials or services accessible through the OIX Listing Service. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the OIX Listing Service or the applications, content or services accessible through the OIX Listing Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
(A) User shall comply with all United States export control laws and regulations, including, but not limited to the Export Administration Regulations and the International Traffic in Arms Regulations, and the Industrial Security Regulations, as applicable and pertinent to information, materials, data, applications, or services available on or through the OIX Sites.
By downloading or accessing information, materials, data, applications, or services available on or through OIX Sites, You are certifying that You are not an entity or individual prohibited from obtaining, receiving, accessing, viewing or using such information pursuant to United States export control laws and regulations.
All OIX products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, developed solely at private expense, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. § 252.227-7202, as applicable, and defined in part in 48 C.F.R. § 252.227-7014. Consistent with federal procurement regulations, including 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in OIX’s Commercial Computer Software and Commercial Computer Software Documentation, are limited to those rights expressly licensed to the U.S. Government end users consistent with OIX’s standard commercial license granted to all end users pursuant to the terms and conditions herein.
(B) This Agreement, any entitlement forms and any operating rules for the OIX Sites or the applications, materials or services accessible through the OIX Listing Service established by OIX constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Washington, without regard to its conflict of laws rules. The parties hereto agree that the jurisdiction for any claim brought under this Agreement shall be the City of Seattle, State of Washington. The parties hereto expressly waive any right to a jury trial. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any of the provisions of this Agreement, or the application thereof to any individual, entity or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to persons or circumstances other than those as to which they are invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(C) The section headings used herein are for convenience only and shall not be given any legal import.
(D) In the event a User acting in his or her official capacity for a governmental agency (Agency) is unable to accept the Agreement and Terms of Use on behalf of the Agency due to a conflict with state or federal law, OIX will work with that Agency and use commercially reasonable efforts to resolve the conflict.
OIX respects the rights of all copyright holders and in this regard, OIX has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and Account holders who infringe the rights of copyright holders. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide OIX's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright 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;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a 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; and
6. 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 copyright inquiries under the Digital Millennium Copyright Act please contact:
Open Identity Exchange
2400 Camino Ramon, Suite 375
San Ramon, CA 94583
ATTN: Office of the OIX Listing Service Division
Phone: 925.275.6677
Fax: 925.275.6691
admin [at] openidentityexchange [dot] org
For web posting, reprint, transcript or licensing requests for OIX material, please contact admin [at] openidentityexchange [dot] org.
For any questions or requests other than copyright issues or licensing requests, please see OIX Frequently Asked Questions at www.openidentityexchange.com.
The following terms apply to the specific applications identified and shall be in addition to the preceding terms and not in lieu of those terms (unless expressly stated otherwise).
(A) OIX Sites Listing Service
Use of Data. The OIX Listing Service (“Listing Service”) is licensed only for the User's internal business purposes. User will promptly give written notice to OIX of any change in the name of a business at which the is accessed. User may not sell, lease, furnish or otherwise permit or provide access to the Listing Service to any third parties. Users may not use industry information or company to industry descriptions or comparisons derived from the Listing Service when communicating to customers, prospective customers, or the general public in any manner whatsoever, including but not limited to, written advertisements, correspondence, or other literature; or during a voice telephonic conversation. User will not engage in the operation of any illegal business; use or permit anyone else to use the Listing Service, or any part thereof, for any illegal purpose; or violate any OIX Rules. In the event You are granted permission to use any content, information or data from the OIX Sites You must include the following attributions, "This information and data provided with permission by the OIX Listing Service." User may not present the information and data from the Listing Service in an unfair, misleading or discriminatory manner.