Terms and conditions
Date: October 18th, 2017
Temenos Headquarters SA (registered office 2, Rue de L’Ecole-de-Chimie, 1205 Geneva, Switzerland) and any of its group companies (together “Temenos” or “we” or “our”) provide this website and any associated Temenos website (“Site”). The information contained on a Site relates to Temenos information, products and services. It also includes information, data and keys developed by other parties.
- Changes: Any changes we make to these Terms and Conditions will be posted on this page. Please check back frequently to see any updates or changes to the policy.
- Liability: While all reasonable attempts have been made to ensure the accuracy, currency and reliability of the content in this Site, all information in this Site or services provided through a Site are provided “as is”. There is no guarantee as to the completeness, accuracy, timeliness or the results obtained from the use of the Site. No warranty of any kind is given on behalf of Temenos or its suppliers, whether express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing however shall attempt to exclude liability that is not permissible under applicable law, including without limitation for death or personal injury or for fraudulent misrepresentation.In no event will Temenos or its Site suppliers be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or use made of this Site for any economic losses, loss of revenues, data, profits, contract, use, opportunity, business or anticipated saving, loss of good will or reputation, consequential, special or similar damages, even if advised of the possibility of such damages.
Temenos and its Site suppliers do not accept any responsibility for any errors or omissions, or for the results obtained from the use of this information. Information obtained from this Site should not be used as a substitute for consultation with Temenos. Third party suppliers to Temenos for the provision of services via the Site have no liability to you.
- Third Party Sites and Products: References and links to other websites and third party products (including software, widgets, services or apps (downloads) provided by Temenos MarketPlace Providers) are provided via the Site. Temenos is not endorsing any provider of products or services by facilitating access to those websites, downloads or materials from its Sites. Temenos does not accept responsibility for the quality of goods and services provided by third parties accessed through this Site. You agree that as you have chosen to enter the linked website or to download such materials. Temenos is not responsible for the availability or quality of such external websites, resources, downloads or materials. Temenos will not be responsible or liable, directly or indirectly for a) the privacy of such websites; b) the content of such websites; c) any third party product, service or download made available; d) the use that others make of these third party websites, products, service or downloads nor for any damage, loss, offence caused or alleged to be caused or in connection with the use of or reliance on such third party websites, advertising, content, products, or services.
- Intellectual Property: The content of this Site is protected by copyright and trademark law. Apart from fair dealing for the purposes of private study, research, criticism or review, as permitted under copyright law, no part may be reproduced or reused for any commercial purposes whatsoever without the prior written permission of the copyright owner. All trademarks, logos and other marks shown at Temenos Sites are the property of their respective owners.
- Contact Us: Please make use of the Contact Us section on the Site.
Temenos MarketPlace – Terms & Conditions of Use
These specific Terms & Conditions shall govern your use of the services, site and associated software and content (the “Temenos MarketPlace“) together with General Terms above provided by Temenos Headquarters SA, 2 rue de l’Ecole-de-Chimie, 1205 Geneva, Switzerland (together with its affiliates “Temenos” or “we“). Before you use the Temenos MarketPlace or use and/or download any content, services or materials which may include software, applications, widgets, components, videos, services, marketing and brand materials and facts sheets (the “Materials“) made available through it, please read these Terms & Conditions and all terms related to the Temenos MarketPlace including, but not limited to, any provisions specified on any product detail page or on any help or other informational page for the Temenos MarketPlace (collectively the “Agreement“).
IF YOU USE THE TEMENOS MARKETPLACE, YOU WILL BE BOUND BY THIS AGREEMENT.
- Temenos MarketPlace
1.1. Content of Temenos MarketPlace
In the Temenos MarketPlace, you can access various Materials made available by Temenos and selected partners. Some of the Materials are available to download to a device (“Downloads“). Downloads include any updates, upgrades and other changes and versions that you later use or download from us. The party that provides Materials is the “Publisher” of the Materials. Materials may be provided and licensed to you by Temenos itself or the relevant third party Publishers.
Access and use of the Temenos MarketPlace is free of charge. However Temenos and the Publisher reserve the right to commence charging a fee for a new version of a Download.
- Use of Downloads and restrictions
2.1. Underlying Software
In order to be able to use Downloads from the Temenos MarketPlace, you need to have a valid license for any pre-requisites stated in the Temenos Marketplace. The pre-requisites may be Temenos software or 3rd party partner software (both “Underlying Software“) and details of such are stated in the product detail page. It is your responsibility to ensure you have appropriate pre-requisites and licenses for all Underlying Software. The use of any Underlying Software licensed by Temenos is governed by the license terms that you signed up to in your relevant software license agreement with Temenos or one of its affiliates.
2.2. Production use
Restrictions on the use of the Downloads will be stated in the product detail page. Downloads are provided for internal testing and evaluation use unless otherwise stated. Any production use is not supported or warranted by Temenos or the Publisher. Please contact the Publisher and/or Temenos for production use terms and conditions.
2.3. Separate license to use Download (EULA)
Your use of a Download is governed by this Agreement and terms and conditions provided by the Publisher of a Download (a “EULA“). The EULA for a Download includes the terms set forth below (the “Standard EULA“) and any additional end user license terms included in the Download (the “Publisher EULA“). If there is a conflict between the Standard EULA and the Publisher EULA, the Publisher EULA will prevail. The Publisher has the right to enforce the EULA against you. If you do not want to comply with the EULA for a Download, you must not download or use that Download. Temenos is not a party to the EULA for any Download for which Temenos is not the Publisher itself. The EULA does not provide any rights to the Underlying Software. The Standard EULA includes the following end user license terms, and if the Download does not include a Publisher EULA, these terms will constitute the entire EULA between you and the Publisher:
- The Publisher is the licensor of the Download;
- If the Download does not include a Publisher EULA that specifies Download license rights, Publisher grants you a limited, non-transferable license to Download and use the Download for internal testing and evaluation purposes (unless otherwise stated in the product detail page);
- Any information that Publisher collects from you or your device will be subject to any Publisher EULA, privacy notice, or similar terms that the Publisher provides to you.
- You may not modify, reverse engineer, decompile or disassemble the Download in whole or in part, or create any derivative works from or sublicense any rights in the Download, unless otherwise expressly authorized in writing by Publisher.
- The Download is protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated in the Publisher EULA, Publisher or its licensors own all title, copyright and other intellectual property rights in the Download, and the Download is licensed, not sold
- You acknowledge and agree that Temenos has no responsibility or liability with respect to your use of the Download or any content or functionality in the Download. The Temenos MarketPlace and Materials are provided on an “AS IS” and “AS AVAILABLE” basis.
2.4. Intellectual Property
All software, including without limitation data, know-how, formulae, processes, designs, photographs, brands, logos, drawings, ideas, specifications, written word, software programs and samples (collectively “Content“), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Temenos MarketPlace is owned, controlled or licensed by or to Temenos or by its licensors, suppliers and Temenos MarketPlace Providers and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms & Conditions, no part of the Temenos MarketPlace and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server or other medium for publication or distribution or for any commercial enterprise without Temenos’ express prior written consent. You may use information purposely made available by Temenos for downloading from the Temenos MarketPlace provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only in accordance with the relevant EULA and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
2.5. Third Party Materials
You acknowledge and agree that Temenos is not responsible for examining or evaluating the content or accuracy and Temenos does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. References and links to other sites and third party products and Downloads provided by Temenos MarketPlace Providers are provided via the Temenos MarketPlace. Temenos is not endorsing any provider of products or services by facilitating access to these sites, downloads or materials from its web pages. Temenos does it accept responsibility for the quality of Downloads, products and services provided by third parties accessed through Temenos MarketPlace. You agree you have chosen to enter the linked website or to access the Downloads. You agree that Temenos is not responsible for the availability or quality of such external websites, or for the accuracy or reliability of resources, Downloads or materials. Temenos will not be responsible or liable, directly or indirectly for a) the privacy of such websites; b) the content of such websites; c) any third party product, service or Download made available; d) the use that others make of these third party sites, products, service or downloads nor for any damage, loss, offence caused or alleged to be caused or in connection with the use of or reliance on such third party sites, advertising, content, products, or services.
You agree that you will not use any third party materials in a manner that would infringe or violate the rights of any other party and that Temenos is not in any way responsible for any such use by you
2.6. Compliance with the law
You will use Materials in compliance with all applicable laws, including all export and re-export restrictions and regulations that may apply to any Materials. We reserve the right to change, remove, suspend, or disable any Materials without notice or liability.
Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with its terms. In case of such termination, you must immediately cease all use of the Temenos MarketPlace and any Materials retrieved from it and we may immediately revoke your access to the Temenos MarketPlace without notice to you. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on www.temenos.com. Your continued use of the Temenos MarketPlace and/or the Materials after the effective date of the revised Agreement terms constitutes your acceptance of the terms.
- Submission to Temenos MarketPlace
Temenos MarketPlace may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Temenos MarketPlace accessible and viewable by other users of the Temenos MarketPlace. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Temenos MarketPlace. You hereby grant Temenos a worldwide, perpetual, royalty-free, nonexclusive license to use such materials as part of the Temenos MarketPlace, and in relation to its products, without any compensation or obligation to you. Temenos reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. Temenos has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Temenos MarketPlace, to investigate any reported or apparent violation of this Agreement, and to take any action that Temenos in its sole discretion deems appropriate, including, without limitation, termination hereunder.
- Disclaimer & liability
5.1. Temenos will endeavour to provide the Temenos MarketPlace with reasonable care and skill. Temenos does not make any other promises or warranties about the Temenos MarketPlace and in particular does not warrant that:
(i) Your use of the Temenos MarketPlace will be uninterrupted or error-free;
(ii) Temenos MarketPlace and the Materials will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion which shall be events of Force Majeure, and Temenos disclaims any liability relating thereto;
(iii) any particular features, functionalities or fitness for purpose of the Materials or that the Materials will perform in conjunction with any other software or hardware.
5.2. Except as set out in this Agreement, both parties and any suppliers to Temenos expressly disclaim all warranties and conditions of any kind, whether express or implied including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. Temenos, its group companies and any suppliers are not liable to you for any direct, indirect, accidental, special or consequential damages that may be incurred by you including any loss of data, profit or opportunity whether or not Temenos has been advised or should have been aware of the possibility of such losses arising. Nothing in this Agreement removes or limits Temenos’ liability for fraud or for death or personal injury.
5.3. If you breach this Agreement, you will be liable to Temenos, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by Temenos as part of its investigation of a suspected violation of this Agreement, or as a result of its findings or decision that a violation of this Agreement has occurred. Our suppliers shall be third party beneficiaries of this Agreement.
- Governing law, disputes
The construction validity and performance of this Agreement shall be governed exclusively by the laws of Switzerland and any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the Geneva Courts.