QlikTech International A.B. and its affiliates ("Qlik") welcome you to the Qlik website (hereinafter "Qlik Site") which is hosted by or for Qlik. The Qlik Site includes areas such as QlikCommunity, which includes forums where users who have registered for a Qlik Account (as described below) may transmit or post communications, participate in training, discussion forums, document and information sharing, beta program and other issues of interest to users of Qlik® products and services, as well as user groups that are specific to certain communities of Qlik users ("Community Groups") and Qlik Market, the Qlik online repository that facilitates the development and distribution of applications, tools, utilities and other solutions that complement Qlik's software products ("Qlik Market Solutions").
3. Registration and Eligibility:
You must abide by the following rules of conduct:
a. Do not engage in any unlawful conduct on the Qlik Site. In particular, do not post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information on the Qlik Site.
b. Treat others on the Qlik Site as you would expect them to treat you. Do not engage in personal attacks or any type of "flaming" of other users. Do not "troll", i.e. post topics or opinions that are designed to provoke a negative response from one or more specific users.
c. Do not use offensive language. If you have any doubts about whether a particular statement might be considered offensive by other users, do not post it.
d. Do not engage in disruptive activity on the Qlik Site, such as persistent off-topic contributions or comments, or statements that might incite other users to violate these guidelines or participate in illegal activities.
f. Do not post any instructions, software or other materials that would allow participants or third parties to harm other users' computers or to inappropriately access software or websites.
g. Do not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
h. Do not falsely represent yourself to be any other person in the forum, including impersonating Qlik employees or agents.
i. Do not use the Qlik Site to spam other users, including sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities.
j. Do not misrepresent the source of anything you contribute.
k. While you may use certain aspects of the Qlik Site (such as Qlik Market and QlikCommunity), as designated by Qlik, to provide supplemental information about your own business that might be of interest to other users (without spamming them), you shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, or advertisement. You agree not to solicit other users of the Qlik Site to use or join or become members of any other commercial online or offline service or other organization.
l. You are responsible and liable for all your activities while participating on the Qlik Site, including anything you contribute.
m. Do not rely on the Qlik Site for the safe and secure storage of any materials. The Qlik Site is not designed as the primary place to store any of these materials, and Qlik is not responsible for the alteration, deletion or loss of any stored items. Create back-ups for any materials that you contribute to the Qlik Site.
o. Some participants may post within the Qlik Site links to other Internet websites. Qlik is not responsible for the accuracy of these links or the content on the websites associated with these links.
p. You are responsible for any actions you may take based on information or advice you receive through the Qlik Site (including Qlik Market or Qlik Community). As with any communication service, use your own good judgment when evaluating or acting upon information provided through the Qlik Site.
q. Information exchanged on the Qlik Site is not confidential.
There are opportunities for you as a Qlik Account holder to actively participate by creating, providing, sharing and uploading information to the Qlik Site such as comments, ideas or suggestions for new or improved software products, technologies, marketing/advertising campaigns or product names, data, articles, documents, discussion forum threads, blog entries, computer code, such as software sample code, source code, scripts, patches, bug fixes, binaries or executables, or other data, material or information (individually and collectively "Contributions").
6. Contributions Ownership, Rights and Responsibilities:
7. Third Party Web Sites, Content, Products and Services:
The Qlik Site may contain links to web sites and access to Contributions, content (including opinions, advice, statements and advertisements), products and services from third parties (collectively "Third Party Content"). These links are available through the Qlik Site merely as a convenience, for informational purposes and the inclusion of such links does not constitute or imply any endorsement or recommendation. You agree that Qlik is not responsible for the availability of, any such Third Party Content. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You understand that you bear all risks associated with the access to and use of such Third Party Content. If you choose to purchase any products or services (including, without limitation, any Qlik Market Solutions) from a third party, your relationship is directly with the third party. You agree that Qlik is not responsible for: (a) the quality of third party products or services; or (b) fulfilling any of the terms of your agreement with any third party seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Qlik is not responsible for any loss or damage of any sort you may incur from dealing with any third party(including, without limitation, any Qlik Market Solution developer).
QLIK HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. THE QLIK SITE (INCLUDING, BUT NOT LIMITED TO, QLIK MARKET, QLIK SENSE CLOUD, QLIK COULD SERVICES, QLIK COMMUNITY AND ALL COMMUNITY GROUPS) AND ALL QLIK SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QLIK AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. QLIK AND ITS SUPPLIERS MAKES NO WARRANTY THAT THE QLIK SITE, CUSTOMER COMMUNITIES OR QLIK SITE CONTENT WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE QLIK SITE, CUSTOMER COMMUNITIES OR ANY QLIK SITE CONTENT WILL BE ACCURATE, COMPLETE OR RELIABLE, OR THE QUALITY OF ANY QLIK SITE CONTENT PURCHASED OR OBTAINED BY YOU THROUGH THE QLIK SITE WILL MEET YOUR EXPECTATIONS. ANY QLIK SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE QLIK SITE IS DONE AT YOUR OWN DISCRETION AND RISK. QLIK AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTRIBUTIONS AND OTHER SERVICES
9. Limitation of Liability:
IN NO EVENT SHALL QLIK OR ANY OF ITS SUPPLIERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM (A)YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE QLIK SITE OR ANY QLIK SITE CONTENT OR CUSTOMER COMMUNITIES; (B) YOUR RELIANCE UPON ANY OF THE QLIK SITE CONTENT, (C) QLIK'S TERMINATION OR SUSPENSION OF YOUR ACCESS TO ALL OR ANY PART OF THE QLIK SITE, (D) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (E) FOR ANY MATTER BEYOND THE CONTROL OF QLIK. WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QLIK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QLIK'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE QLIK SITE OR YOUR USE OF CONTRIBUTIONS, AND OTHER ACCOUNT SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OR WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY QLIK PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRANTY AND THE EXTENT OF THE QLIK PARTY'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
12. Export Restrictions/Legal Compliance:
13. Applicable Law; Dispute Resolution:
14. Copyright Policy/Digital Millennium Copyright Act:
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Qlik may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another. Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest; a description of the copyrighted work or other work that you claim has been infringed; a description of where the material that you claim is infringing is located on our sites, networks or other repositories; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Designated Agent for notice of claims of copyright infringement can be reached as follows: Legal Department, Qlik Technologies, Inc., 211 South Gulph Road, Suite 500, King of Prussia, PA 19406 Attn: Chief Legal Officer. If the disputed materials were posted by a third party identifiable through reasonable efforts, Qlik will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, Qlik will provide you with a copy so that you may take any other steps you may consider appropriate.