The intellectual rights to this document belong to NiCE IT Management Solutions GmbH, Leonberg, Germany.
1. Definitions and Scope
1.1. The “NiCE Customer Portal” refers to the website that serves as a main entry point for Users to get access to NiCE software, technical documentation, and other customer related information; hereafter mentioned as “NiCE Customer Portal”.
1.2. The “User” refers to an individual who has access to the Customer Portal, as mentioned above; hereafter mentioned as “USER”.
1.3. The aim of the NiCE Customer Portal is to give the USER access to NiCE software online, to improve software delivery, to facilitate communication between the USER and NiCE IT Management Solutions and to enhance the delivery of the support services offered by NiCE IT Management Solutions.
1.4. NiCE IT Management Solutions may modify the NiCE Customer Portal from time to time as it deems it necessary.
By Accepting these Terms and Conditions you agree to be bound by them without limitation or qualification.
3. License Grant and Right of Access
3.1. NiCE IT Management Solutions grants to the USER a non-exclusive, non-transferable right to use the NiCE Customer Portal for as long as the USER, with regard to other provisions of the contract, is granted a right to use the NiCE Customer Portal by NiCE IT Management Solutions
3.2. The USER is entitled to use the NiCE Customer Portal as it is provided through publication on the internet solely for the purposes as described under 1.3
3.3. The USER’s right to use the NiCE Customer Portal will automatically cease in the event of a material breach by the USER of any of its obligations under these Terms and Conditions.
3.4. The USER may not assign, sub-license or otherwise transfer any rights or obligations in these Terms and Conditions to any other person.
4. No warranty
4.1. NiCE IT Management Solutions will endeavor to publish accurate information on the NiCE Customer Portal and ensure that the services do not have errors or omissions. However the information published on the NiCE Customer Portal is provided "as is" and without warranties of any kind, either expressed or implied.
4.2. All information is accurate, to our best knowledge and belief at the time of transfer. The information provided is for the agreed purposes only.
5. Obligations of the USER
5.1. The USER is fully responsible for all activities that occur in the NiCE Customer Portal under the password(s) provided to him/her by NiCE IT Management Solutions. The USER will ensure that such password(s) are kept confidential, treated in a secured manner and he/she will immediately notify NiCE IT Management Solutions of any breach of security with respect to such password(s) or to the use of the NiCE Customer Portal. The USER is responsible for ensuring that all persons who access the NiCE Customer Portal by internet connection and/or using the password(s) are aware of these terms and conditions of use and that they comply with them.
5.2. The USER agrees to use the NiCE Customer Portal only in a lawful manner and further agrees not to cause, or knowingly allow others to cause, any nuisance, annoyance, or inconvenience whether to NiCE IT Management Solutions or to any of its customers or USER’s of the NiCE Customer Portal by any means, including without limitation by a denial of service attack, knowingly introducing viruses, Trojans, logic bombs or other malicious or harmful material.
5.3. The USER agrees not to use the NiCE Customer Portal to transmit or post any material which is fraudulent, hateful, sexually or racially or ethnically or otherwise objectionable, defamatory, offensive or obscene or menacing.
5.4. The USER ensures to use up-to-date virus checking software to prevent the introduction of viruses and other harmful code onto the NiCE Customer Portal.
6. Obligations of NiCE IT Management Solutions
6.1. NiCE IT Management Solutions shall provide the USER with a user ID and a password to use the NiCE Customer Portal. This is done via the registration process where the USER provides his/her desired ID and Password to login to the NiCE Customer Portal.
6.2. NiCE IT Management Solutions takes all reasonable steps to safeguard the security of any information input by the USER or information used by the USER in connection with the NiCE Customer Portal.
6.3. NiCE IT Management Solutions shall use reasonable endeavors to make the NiCE Customer Portal available for the USER. NiCE IT Management Solutions gives however no guarantee of such availability. In the event that the NiCE Customer Portal would be unavailable NiCE IT Management Solutions will make all reasonable efforts to recover the Services as fast as possible.
6.4. Notwithstanding the provisions of 3.3 above NiCE IT Management Solutions may suspend the NiCE Customer Portal at any time at NiCE IT Management Solutions’ sole discretion without liability to the USER. Suspensions will be justified by objective reasons such as maintenance.
7. Intellectual Property Rights
The USER acknowledges having no right whatsoever with respect to any and all intellectual property rights used or embodied in or in connection with the NiCE Customer Portal. NiCE IT Management Solutions reserves all rights related to the NiCE Customer Portal. Nothing in these Terms and Conditions grants the USER a right or license to use any trademark, design right or copyright owned or controlled by NiCE IT Management Solutions or any other third party except as expressly provided in these terms.
8.1. NiCE IT Management Solutions shall in no event be liable to the USER for any direct or indirect, special or consequential damages, including but not limited to damages resulting from loss of profits or data arising out of the use or inability to use the NiCE Customer Portal, the misuse of the password or of any other identification data.
8.2. The USER acknowledges that the NiCE Customer Portal is provided via the internet and that NiCE IT Management Solutions has no control over the security of the internet. NiCE IT Management Solutions endeavors to ensure that the services are free from bugs and secure, but NiCE IT Management Solutions does not assume any liability for timely, trouble-free and uninterrupted access to the internet.
8.3. While NiCE IT Management Solutions has used its discretion, best judgment and all reasonable efforts in maintaining a virus-free website, it declines any liability for persons, property damage or especially direct, indirect, immediate or subsequent pecuniary loss which may result from transmission or downloading of computer viruses. NiCE IT Management Solutions cannot be held liable for hardware damage, loss of data, alteration of data, or downtime.
9. Data Protection/Confidentiality
9.1. Both Parties shall use the NiCE Customer Portal in Compliance with the applicable contract provisions related to confidentiality and data protection and the applicable data protection laws.
9.2. The USER undertakes to treat as confidential all information on the NiCE Customer Portal, the processes used, and all related documentation, and to take all necessary actions to ensure that this confidentiality is ensured towards third parties. Moreover the USER shall oblige his employees or third parties who are required to have access to such information to the same confidentiality obligation and to observance of applicable data protection obligations. The USER shall moreover ensure that such obligations shall continue to apply after termination of their working relationship.
9.3. The USER shall not sell, rent or alter any information/data retrieved from the NiCE Customer Portal, whereas transfer, distribution, disclosure and copying is solely admitted for internal use by the USER.
9.4. The USER shall implement appropriate measures that information/data retrieved from the NiCE Customer Portal is protected against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access in particular where the processing involves transmission of data over a network, and against all other unlawful forms of processing.
Capitalized terms in these NiCE Customer Portal Terms and Conditions shall have the meaning ascribed to them in the contract entered into between the USER and NiCE IT Management Solutions or as set out in these Conditions:
"Acceptance" means your acceptance of the NiCE Customer Portal Terms and Conditions by your click-through of the acceptance screen.
10.2. Severability Clause
If any article, section or provision of these Conditions is found to be invalid, the remainder of them shall continue in full force and effect. Any Conditions which are null or void are in this case to be understood such that their intended purpose is still fulfilled as far as possible.
10.3. Law and Jurisdiction
The jurisdiction is located in Stuttgart, Germany, and German Law is applied.