- Legal Terms
- Accessing the Site and Account Security
- Copyrights, Trademarks and other Intellectual Property
- Use of the Teradata Logo
- Permissible Use and Restrictions on Use
- Copyright Infringement Policy
- Export Laws
- Disclaimer of Warranty
- Limitation of Liability
- Dispute Resolution- Arbitration Agreement and Class Action Waiver
2. Legal Terms
3. Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Site, and
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. Copyrights, Trademarks and other Intellectual Property
Copyright 1996-2023 by Teradata Corporation (including applicable subsidiaries). All rights reserved.
All trademarks (including the Teradata® mark) are the property of their respective owners in the United States and other countries.
The copyright in all content provided on the Site, including, but not limited to, text, graphics, data, documents, articles, photos, images, video, illustrations and so forth are protected by copyright laws and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the Site. You promise not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, create derivative works, download, post, license, sell, commercialize or otherwise exploit for any purpose any content you access through the Site, (1) without the prior consent of the owner of the content, or (2) in a way that violates someone else’s (including Teradata’s) rights.
Permission is granted to you to display, copy, and download the content on the Site solely for informational purposes, provided that you do not modify the content made available on the Site in any way without Teradata’s prior written consent, or remove any copyright or other notices contained in the content.
Note that any product, process or technology described on the Site may be the subject of other intellectual property rights reserved by Teradata and others, and those are not licensed, transferred, altered or broadened hereunder. For any and all information (including documents, data, images, sounds, audio/video recordings, ideas, concepts, and the like) that you choose to submit to us through the Site (including through the “Contact Us” form and otherwise), you (a) warrant that you have authority to submit the information and that none of the information nor any of its contents is confidential to any party, infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.) or violates any law, and (b) you grant us a fully paid-up, royalty-free, worldwide license to use the information for any and all purposes whatsoever, with no obligation to attribute the information to you nor to any other party.
5. Use of the Teradata Logo
The logos posted on Teradata Sites or in related publications, documents or other Teradata communications are for use only by Teradata and authorized Teradata Partners on authorized websites, in jointly-produced collateral and related marketing materials. All other not-expressly-authorized-in-advance-by-Teradata usage by any other parties is prohibited.
For authorized use and users of Teradata logos, the following also shall apply:
- The logos may only be used as provided by Teradata. Do not make any modifications of any kind to the logo, including, but not limited to, animation, color, background, distortion of any type, or removal of any words.
- Place logos only on either a black or white background. All other color adaptations or graphical backgrounds are strictly prohibited.
- The color logo should always be reproduced in Teradata Orange. The color should always be produced as follows: CMYK M:53, Y:100, and K:4. Reference the Teradata Production Guide for drawdown samples. The web color is: HEX: FF6600.
- To maintain legibility, do not scale the Teradata logo below 1 inch wide.
- To correctly present a logo, there must be open space surrounding the logo that is at least the height of the letter "T" in the logo.
- Do not combine the logo with any other objects, including, but not limited to, words, photos, numbers or other logos.
Please contact us and see relevant Sites for additional information regarding use guidelines, restrictions and prohibitions that apply to other logos and marks of Teradata.
6. Permissible Use and Restrictions on Use
Access and use of the Sites, documents or communications to which this document is appended or incorporated by reference or other sites, documents or communications accessed or accessible (e.g., posted or linked) by, through or in connection with such a Site, document or communication are provided solely for their Teradata-intended business purposes, such as for the user to obtain personal knowledge of public information regarding Teradata and its products and services. Examples of prohibited uses include:
- any unlawful or harmful purpose
- to defame, disparage, harass, or threaten others
- violate the rights of others
- use in any manner that could damage, disable, or exhaust Teradata network or computer resources
- promote any goods or services without Teradata's prior written consent
- provide content that is profane, obscene, or similarly inappropriate
- provide content that contains viruses or other harmful computer code
- provide content unless you own the content or have all consents legally required to provide it; for example, do not provide PI or confidential information of others (such as your employer or fellow employees) without their consent, copyrighted material without the consent of the copyright owner, or an image of a person without that person's consent
- falsely identify yourself, your employer, or other affiliations
- falsely identify the source of any content
- remove any legal notices from any content
- access, attempt to access, or attempt to gain information to enable access to (e.g., phishing) the account of another user
- bypass or attempt to bypass any security measures associated with it, including measures associated with a user's account, specific content or services, or other Teradata network or computer resources
- extract e-mail addresses or other the PI from or through it
- interfere with any other user's use of it
- Teradata to incur costs by your use of it
If you become aware of any prohibited uses, you should promptly notify the Site webmaster or one of the applicable contacts listed in the “Contact Us” section of this document, and provide a detailed description of the prohibited-use and reasonably cooperate with Teradata in its investigation. However, Teradata is not obligated to enforce such terms or prohibitions against any particular user.
If you breach such terms or prohibitions, your rights to the associated content and services automatically terminate, Teradata may block your access to that Site and any other Teradata Site(s), you must discontinue your access to and use of the associated content and services, and you must securely and irretrievably destroy all copies of the associated content in your possession.
7. Copyright Infringement Policy
Teradata Corporation (“Teradata”) is committed to protecting the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”), we have adopted this Copyright Infringement Policy. By using Teradata’s website (“Site”), you agree to the terms of this Copyright infringement Policy.
TERADATA RESERVES THE RIGHT TO, AT ANY TIME, (1) BLOCK ACCESS TO OR REMOVE MATERIAL THAT TERADATA BELIEVES, IN GOOD FAITH, TO INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, INCLUDING ANY COPYRIGHTED MATERIAL THAT HAS BEEN ILLEGALLY COPIED AND DISTRIBUTED BY ANY ADVERTISERS, AFFILIATES, CONTENT PROVIDERS, MEMBERS OR USERS AND (2) REMOVE, LIMIT, OR ALTER ACCESS AND/OR DISCONTINUE SERVICE TO REPEAT OFFENDERS.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the Site infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send us a notice of copyright infringement (“Notice”). The Notice should be sent to Teradata DMCA Designated Agent (specified below) and should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed (“Infringing Materials”);
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials you seek to have removed, with sufficient detail so that Teradata is capable of finding and verifying its existence;
- Your contact information, including address, telephone number and, if available, email address;
- A statement that you have a good faith belief that the material identified in (7)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and that you are authorized to make the complaint on behalf of yourself as the copyright owner, or the copyright owner.
Receipt of Notice by Designated Agent
Upon receipt of a proper notice of copyright infringement, Teradata reserves the right to:
- Remove or disable access to the Infringing Materials;
- Notify the provider of the Infringing Materials (“Provider”) that we have removed or disabled access to the Infringing Materials; and/or
- Remove, limit, or alter access and/or discontinue Provider’s access to the Site and/or services provided if they are a repeat offender.
If the Provider believes that the material that was removed (or to which access was disabled) is not infringing, or the Provider believes that it has the right to post and use such material, the Provider may send a counter-notice (“Counter Notice”) to Teradata DMCA Designated Agent (specified below) containing the following information:
- A physical or electronic signature of the Provider;
- Identification of the Infringing Materials that have been removed or to which access has been disabled and the location of the Infringing Materials before they were removed or disabled;
A statement that the Provider has a good faith belief that the Infringing Materials were removed or disabled as a result of mistake or misidentification of the material; and
Provider’s name, address, telephone number, and, if available, email address, and a statement that Provider consents to the jurisdiction of the Federal Court for the judicial district in which the Provider’s address is located, or, if the Provider’s address is located outside the United States, for any judicial district in which Teradata is located, and that Provider will accept service of process from the person who provided notification of the alleged infringement.
If a Counter Notice is received by Teradata DMCA Designated Agent, Teradata may, in its discretion, send a copy of the Counter Notice to the original complaining party informing them that Teradata may replace the Infringing Materials or cease disabling them in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Provider, the Infringing Materials may be replaced or access to them restored in ten (10) to fourteen (14) business days after receipt of the Counter Notice, at Teradata’s discretion.
Attn: Teradata DMCA Designated Agent
17095 Via Del Campo, San Diego, CA 92127
8. Export Laws
You must comply fully with all applicable export laws and regulations of the United States (“Export Laws”) to assure that no content is (a) exported, directly or indirectly, in violation of Export Laws; or (b) intended to be used for any purpose prohibited by the Export Laws, including, without limitation, terrorism, cyber-attacks, cyber-crimes, money- laundering, industrial espionage, or nuclear, chemical or biological weapons proliferation.
IMPORTANT - BY DOWNLOADING, OBTAINING, ACCESSING OR REQUESTING ANY SOFTWARE OR ANY DOCUMENT, RESOURCE OR CONTENT CONTAINING TECHNICAL INFORMATION FROM ANY OF OUR SITES:
- YOU ACKNOWLEDGE THAT SUCH SOFTWARE, DOCUMENT, RESOURCE AND CONTENT ARE SUBJECT TO THE RESTRICTIONS AND CONTROLS IMPOSED BY THE EXPORT LAWS OF THE UNITED STATES; AND
- YOU CERTIFY THAT:
- YOU DO NOT INTEND TO USE SUCH SOFTWARE, DOCUMENT, RESOURCE OR CONTENT FOR ANY PURPOSE PROHIBITED BY UNITED STATES EXPORT LAWS, INCLUDING, WITHOUT LIMITATION, TERRORISM, CYBER-ATTACKS, CYBER- CRIMES, MONEY-LAUNDERING, INDUSTRIAL ESPIONAGE, OR NUCLEAR, CHEMICAL OR BIOLOGICAL WEAPONS PROLIFERATION; AND
- YOU ARE NOT LISTED AS A DENIED PARTY ON ANY LIST GOVERNING UNITED STATES EXPORTS; AND
- YOU ARE NOT A NATIONAL OF ANY COUNTRY THAT IS NOT APPROVED FOR EXPORT OF SUCH SOFTWARE, DOCUMENT, RESOURCE OR CONTENT (AS OF 2016, THESE COUNTRIES INCLUDE CUBA, IRAN, NORTH KOREA, SUDAN, AND SYRIA).
- YOU WILL NOT TRANSFER OR SHARE OR PERMIT OTHERS (INCLUDING OTHER EMPLOYEES OF YOUR COMPANY) TO USE SUCH SOFTWARE, DOCUMENT, RESOURCE OR CONTENT.
9. Disclaimer of Warranty
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
11. Dispute Resolution - Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU MAY NOT BRING A CLAIM AS A NAMED PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER OUR AGREEMENT. BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU UNDERSTAND THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY A COURT OR A JURY.
This Arbitration Agreement is intended to be broadly interpreted. It includes, but is not limited to any and all disputes or claims arising out of or relating to any aspect of the relationship between You and Teradata, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory; claims that arose before the existence of this or any prior agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and claims that may arise after the termination of the Terms.
The arbitrator may award relief (including, but not limited to, damages, restitution, declaratory relief, and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Further, unless both You and Teradata agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims and may not otherwise preside over any form of a representative, class, or private attorney general, or public injunction proceeding.
If a court (after exhaustion of all appeals) declares unenforceable any of these prohibitions on consolidation or non-individualized relief (such as class, representative, private attorney general, or public injunctive relief), then all other aspects of the case must be arbitrated first. After completing arbitration, the remaining (non-arbitrable) aspects of the case will then be decided by a court.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting Law.Notices@Teradata.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
Governing Law: The Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act (FAA) governs the interpretation and enforcement of this Arbitration Agreement. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA.
Arbitration Procedures: The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effective (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The applicable Consumer Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/. The arbitration will be held in the United States county where you live or any other mutually agreed location and may be conducted virtually. Any arguments concerning the validity or enforceability of this arbitration agreement are for the arbitrator, not a court, to decide. Any arguments concerning arbitrability of a dispute are delegated to the arbitrator. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which his or her decision is based.
Arbitration Fees: The JAMS rules will govern payment of all arbitration fees.
Small Claims Court Option: Despite this Arbitration Agreement, either You or Teradata may assert claims seeking only individualized relief, if they qualify, in the small claims court for the county of your billing address, so long as the action is not removed or appealed to a court of general jurisdictions.
Effect of Arbitration Award: Any court with jurisdiction may enter judgment upon the arbitrator’s award.
You are solely responsible for compliance with all laws applicable to you.
Non-Teradata (i.e., third-party) sites, documents or communications (“Third Party Materials”) may be accessed or accessible (e.g., linked or posted) in or in connection with a Teradata Site, document or communication. Such Third Party Materials are provided for your convenience only and do not imply any endorsement of any third- party by Teradata or any endorsement of Teradata by such third-party. Teradata is not responsible for the accuracy of any content contained within such Third Party Materials, and the Third Party Materials are provided on an “AS IS” basis. Such third-party is solely and directly responsible for its sites, documents and communications and any harm they may cause you or others.
Delaware law (excluding its choice of law rules) governs the interpretation and enforcement of this section of this document and any applicable “Supplemental Legal Terms”.
You may not delegate your obligations or responsibilities under the “Terms” of this document without Teradata’s written consent. If a court of competent jurisdiction finds any portion of the “Terms” unenforceable, such portion is to be enforced to the maximum extent permissible and the remainder of such terms and prohibitions will continue in full force and effect. Any failure to enforce or exercise any provision of such terms or prohibitions, or any related right shall not constitute a waiver of that right or provision.
If any provision in these Terms (including the Arbitration Agreement above) is found to be unenforceable, the unenforceable portion of that provision shall be severed to the narrowest extent possible, and the remaining provisions shall remain in full force and effect.
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