Hyland ID Terms of Use

Please read the following terms and conditions carefully. By visiting, accessing or using any of Hyland's websites, including, but not limited to: www.hyland.com; community.hyland.com; try.hyland.com; university.hyland.com (collectively, with any other Hyland sites that require a Hyland ID login, the "Sites" and individually, a “Site”), you agree to be bound by the following terms and conditions, as updated from time to time, concerning your use of such Sites (“Terms”). These Terms, together with our Privacy Policy, Cookie Policy and Trademark Policy constitute the “Agreement” for use of the Sites. If you don’t agree to these Terms, or any portion thereof, you must immediately discontinue your use of the Sites. Your continued use of the Sites binds you to these Terms.

1. Registration. In order to access the Sites, you are required to create an account (a “Hyland ID”). To create a Hyland ID, you must be at least 18 years old and you must provide truthful and accurate information about yourself. To create your Hyland ID, you will provide an email address, you first and last name, whether you are an existing Hyland customer or partner, the name of your organization, the country where you are located, and a unique password. You may also be required to periodically renew your registration and confirm and update your registration information. You acknowledge and agree that your Hyland ID credentials may not be shared or transferred between employees or otherwise, and you shall notify Hyland immediately upon learning that your log-in credentials have been shared or transferred. You acknowledge that by posting or exchanging information on the Sites, your first name and last name may be displayed, which is visible to Hyland and other users of the Sites. Hyland reserves the right to deny, suspend or terminate your Hyland ID at any time, for any reason.

2. Proper Use. You agree that you are responsible for your use of the Sites, for any posts or content that you make available on the Sites, and for any consequences resulting from such posts or content. You agree that you will use the Sites in compliance with all applicable laws, rules and regulations. You will not use the Sites in a way that is offensive, interferes with the Sites or any of its features, or infringes on anyone or any third party’s rights. Contents on the Sites may be used solely for the furtherance of your relationship with Hyland and you may not copy, use, modify, distribute, transfer, download, upload, resell, or republish any of the contents of the Sites without the prior written authorization of Hyland. Although Hyland is not obligated to do so, it will have the right to review your communications on the Sites to determine whether you comply with these Terms. Hyland has the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Sites that it finds to be in violation of these Terms or otherwise objectionable. You acknowledge and agree that Hyland will not have any liability or responsibility for the content of any communications you post to the Sites, for any errors or violations of any laws or regulations by you, or for any action or inaction with respect to any conduct, communication or posting on the Sites.

3. Limitations on Use. Hyland controls and operates the Sites in order to make its information, resources, and content available to you and in order to provide a forum where Hyland’s employees, customers, solution providers, business partners and prospects may exchange ideas and experiences with Hyland's products and services. You shall not, in any event:

• Post or exchange information on the Sites for the purpose of soliciting or conducting discussions regarding the sale or other transfer of products or services with other users of the Sites, or concerning product or services pricing, contract terms, negotiations, or any other similar issues.
• Copy, reproduce, share, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Sites including any content and documentation available on the Sites.
• Record, or otherwise copy, share, reproduce, modify, sell, or distribute any videos or other materials on the Sites, including screen-recording any demos, training videos, training course materials, workbooks, documentation, certification exams, or any other similar materials available to you on the Sites.
• Use the Sites or any content on the Sites to determine whether there is infringement of a patent, except where such restriction is expressly prohibited by applicable law.
• Use the Sites or any content on the Sites, including any Feedback of another user, for any competitive purposes, including to build a competitive product or service.
• Submit or otherwise make available through the Sites any content that (a) libels, defames, invades privacy, or is obscene or pornographic; (b) infringes the intellectual property rights of any third party; (c) violates any law or regulation; (d) advocates illegal activity; (e) advertises or otherwise solicits funds or is a solicitation for goods or services; or (f) is treated as confidential under any contract or policy.
• Post or exchange information on the Sites for the purpose of soliciting employment to or from other users or organizations.
• Engage in any activity on the Sites that restricts or inhibits any other user from using or enjoying this Sites or the materials by "hacking," "cracking," "spoofing," or defacing any portions of the Sites or the materials.
• Copy, store, redistribute, decompile, reverse-engineer, reproduce, transmit, modify, alter, emulate or disassemble any part of the Sites in any way, or create derivative works thereof.
• Access or search the Site by any means other than our publicly supported interfaces (for example, “scraping”).
• Violate or attempt to violate our security features, including logging into a server that you are not authorized to access, or probing the vulnerability of our systems and networks.
• Use the Sites to harass, harm, threaten, abuse, or defame other users.
• Use inappropriate language in comments to public posts, groups, personal walls or private messages.
• Use the Sites to violate or encourage others to violate any local, state, national or international law, regulation or order.
• Participate on the Sites in any manner that consists of any unsolicited or unauthorized advertising, commercial solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” political campaign materials, mass mailings, “pyramid schemes,” or any other form of solicitation.
• Post or transmit through the Sites software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Sites or the materials.
• Harvest or collect information about visitors to the Site without their express written consent.
• Copy, disclose, publish, reproduce, sell or transmit any certification exams that are available on the Sites, in whole or in part, in any form or by any means, verbal or written, electronic or mechanical, for any purpose. You are further prohibited from using several email addresses or multiple accounts to register for any such exams.

4. Modifications. Hyland reserves the right to modify our Sites at any time, with or without notice to you. Hyland further reserves the right to make modifications to these Terms at any time with or without notice to you. You are responsible for regularly reviewing these Terms and the Privacy Policy.

5. Assumption of Risk of Use. YOU ASSUME ALL RISKS ASSOCIATED WITH OR IN ANY MANNER ARISING OUT OF YOUR USE OR ACCESS TO THE SITES OR ANY INFORMATION APPEARING ON OR OTHERWISE AVAILABLE THROUGH THE SITES. Hyland makes no representations that materials available on the Sites are appropriate in every country, and access to them from territories where their contents are illegal is prohibited.

6. Third-Party Websites. Hyland may establish links between these Sites and one or more website operated by third parties. Hyland has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement, representation or warranty by Hyland of such websites, the contents of the third party websites, the products or services of such websites or the operators of the websites. Hyland disclaims responsibility for the privacy policies and customer information practices of third-party websites hyperlinked to Hyland’s Sites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Hyland is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Hyland is not responsible for any loss or damage of any sort you may incur from dealing with any third party or third party website.

7. Third-Party Content on the Site. Hyland takes no responsibility for any content posted on the Sites by any party other than Hyland or its affiliates, including, without limitation, any viruses or other disabling features (“Third-Party Content”), nor does Hyland have any obligation to monitor such Third-Party Content. Hyland does not pre-screen or control Third-Party Content appearing on or otherwise available through the Sites. Without limiting Hyland’s rights to Feedback and Inventions, as described in Sections 8 and 9, by displaying, posting or submitting any content to the Sites, you grant Hyland a non-exclusive, royalty-free, worldwide license to reproduce, publish and distribute such content on the Sites. Hyland shall also have the right (but not the obligation), in its sole and absolute discretion, to refuse, remove, access, read, preserve, disclose, distribute or move any content, including Third-Party Content, that is available on the Sites.

8. Feedback. Hyland encourages you to submit comments, critiques, enhancement requests, ideas, or other input concerning Hyland’s software and service offerings through the Site (“Feedback”). You acknowledge that any Feedback submitted may be seen by other users. By submitting Feedback, you grants Hyland a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable (through multiple levels) license to use, reproduce, modify, adapt, create derivative works, translate, publish, publicly perform, publicly display, broadcast, transmit, distribute, and otherwise exploit the Feedback for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Feedback into any Hyland product or service, and to display, market, sublicense and distribute the Feedback as incorporated or embedded in any product or service distributed or offered by Hyland. You warrant that: (a) you have the right and authority to grant this license; (b) Hyland's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Feedback that you may have under any applicable law under any legal theory have been waived to the full extent allowed by law. Feedback will not be treated as confidential or proprietary to you, and Hyland hereby disclaims any and all liability or obligation to Feedback.

9. Inventions. You acknowledge and agree that providing Feedback does not make you an inventor or contributing inventor to any invention (“Invention”) that may arise during any development of any product or service by or on behalf of Hyland, including those that incorporate, implement or are otherwise related to all or any part of such Feedback. Without limiting the foregoing, to the extent that you are determined to be an inventor or contributing inventor to any Invention, or have any other right, title or interest in or to any Invention, you hereby irrevocably assign and agree to assign to Hyland all right, title and interest worldwide in and to such Invention (whether currently existing or conceived, created or otherwise developed later), including all intellectual property rights in and to such Invention, effective immediately upon its inception, conception, creation or development. To the extent that any Invention or intellectual property rights in or to any Invention are not assignable, or to the extent that you otherwise retain any right, title or interest in or to any such Invention or intellectual property rights, you: (a) unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind with respect to such rights, against Hyland or any reseller, distributor, or user of any Hyland product or service; (b) agree, at Hyland’s request and expense, to consent to and join in any action to enforce such rights; and (c) hereby grant to Hyland the same rights granted to Hyland in your Feedback. To the extent your employer owns or has any right, title or interest in or to any such Feedback or Inventions, you hereby represent and warrant that you are authorized by such employer to make available such Feedback and to grant the assignments and licenses with respect to such Feedback and Inventions granted under these Terms.

10. Assistance. You will cooperate with Hyland and its designee(s) in applying for, obtaining, perfecting, evidencing, and enforcing Hyland’s intellectual property rights in and to any Invention related to you, including executing such written instruments as may be prepared by Hyland and doing such other acts as may be reasonably necessary in Hyland’s opinion to obtain a patent, register a copyright, or otherwise perfect or enforce Hyland’s rights in and to such Invention (and you hereby irrevocably appoint Hyland and any of its officers and agents as your attorney-in-fact to act for and on your behalf and instead of you, with the same legal force and effect).

11. No Compensation. You acknowledge and agree that you are not entitled to nor will you receive any compensation of any kind for any license, assignment and other rights granted by you under these Terms or any action or steps taken by you in compliance with these Terms, including, but not limited to, Section 10 (Assistance).

12. Future Development. Submission of Feedback in no way obligates Hyland to post or use Feedback in connection with any product or service, and, if Hyland uses Feedback, Hyland may remove and discontinue use of such Feedback at any time at Hyland’s sole discretion. No Feedback, nor any other activity or material available on or through the Site by any user, constitutes a promise or undertaking by Hyland, including a promise or undertaking to develop, incorporate, implement or take any other action regarding any Feedback (or to refrain from doing so). Any unreleased product or service (including any related feature) discussed on the Site or elsewhere may not be made available on time or at all, notwithstanding any comments that Hyland or its representatives may make. You agree that any decision to purchase or use any Hyland product or service will be based on the then-existing version and features of such product or service, and not on any unreleased or expected version or features.

13. Non-Disclosure. As a condition to using the Site, and not in place of any confidentiality agreement(s) that may already be contained in a separate agreement between User or User's employer and Hyland, you agree to hold in strict confidence, and to take all reasonable steps to avoid publication or disclosure of (except as required by law or court order), Hyland's confidential information that is obtained from the Sites. You also agree not to use such confidential information other than in connection with your authorized use of Hyland's software as set forth in a valid software license from Hyland. If You are a contractor providing services to a customer of Hyland on whose behalf Hyland has authorized access to these Sites, you may only use Hyland's confidential information in connection with your provision of services to Hyland's customer and in connection with such customer’s authorized use of Hyland's software as set forth in a valid software license from Hyland. "Confidential information" means all information, material or content that you obtain from the Sites that that is normally considered confidential in the regular course of Hyland’s business, including without limitation, business or strategic plans, pricing information, costs information, customer lists, supplier lists, financial information, information regarding investors, information regarding employees, information regarding business and contractual relationships, business forecasts, sales and merchandising plans, and marketing plans; and technical information of Hyland, including product information, source documents, algorithms, techniques, specifications, inventions, technical know-how, processes, product architecture or design details, research and development information or engineering information.

14. Intellectual Property. You acknowledge and agree that Hyland owns all right, title and interest in and to the Sites, including all intellectual property rights ("Intellectual Property Rights"). Hyland and its suppliers own all right, title and interest in and to the Sites and the contents, including all Intellectual Property Rights. Intellectual Property Rights are protected by U.S. and international intellectual property laws. You agree not to copy, reproduce, alter, modify, or create derivative works from the Sites. Intellectual Property Rights do not include third-party content on the Site. Hyland claims no ownership or control over any third-party content submitted, posted or displayed by you on the Sites. By displaying, posting or submitting any content to the Sites, you grant Hyland a non-exclusive, royalty-free, worldwide license to reproduce, publish and distribute such content on the Sites.

15. Hyland Marks. Hyland and other Hyland trade names, trademarks, logos and product and service names (the "Hyland Marks") are registered trademarks or unregistered trademarks of Hyland Software, Inc. and its affiliates. Your use of or access to the Sites and these Terms and Privacy Policy do not constitute or grant to you any license or other right to use any of the Hyland Marks. You agree to follow the guidelines of Hyland’s Trademark Policy.

16. Disclaimer of Warranties. USE OF THE SITES AND ITS CONTENTS IS AT YOUR SOLE RISK. THE CONTENT APPEARING ON OR OTHERWISE AVAILABLE THROUGH THE SITES IS PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HYLAND AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTY THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THE FUNCTIONS CONTAINED IN THE CONTENT APPEARING ON OR OTHERWISE AVAILABLE THROUGH THE SITES WILL BE UNINTERRUPTED, SECURE, TIMELY OR FREE OF ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. HYLAND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE USE OF ANY CONTENT APPEARING ON OR OTHERWISE AVAILABLE WITH SUCH INFORMATION, EVEN IF THE CONTENT WAS CREATED, MODIFIED OR IN ANY MANNER ALTERED BY HYLAND. HYLAND MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR ANY SERVICES OFFERED THROUGH THE SITES WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK. HYLAND SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, SOFTWARE, DOCUMENTATION, EXAMS, TRAINING MATERIALS OR OTHER CONTENT. NEITHER HYLAND NOR ITS AFFILIATES SHALL BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, BASED ON OR RESULTING FROM YOUR SUBMISSION(S) OR POSTING(S) OF CONTENT TO, OR ACCESS TO OR USE OF, THE SITES OR ANY CONTENT APPEARING ON OR OTHERWISE AVAILABLE THROUGH THE SITES.

17. Limitation of Liability. In no event shall Hyland be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, punitive damages, or damages for loss of data, profits, revenue, incurred by you or any third party, whether under a contract, tort or any other theory of liability, arising in connection with your use of the Sites or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to the Sites or any site operated by any third party or any contents of the Sites, even if Hyland is aware of the possibility of such damages.

18. Linked Sites. Hyland, whether affiliated or not affiliated with sites linked to the Sites, is neither responsible for your use or access of, or posting or submission of content to, such linked sites ("User Actions"), nor is Hyland responsible for any claims, damages, demands, injuries, third party claims, or legal actions of any kind and nature, resulting from User Actions. Any linked sites are for your convenience only, and may be accessed by you only at your own risk.

19. Representations and Warranties. You represent and warrant that all of the information provided to Hyland as part of the Registration described in Section 1 is correct and current, and you have all necessary right, power and authority to agree to these Terms and Privacy Policy and to perform the acts required therein.

20. Termination; Suspension. At any time and for any reason Hyland may, at its sole discretion, shutdown the Sites, or suspend or terminate your account or access to the Sites. All provisions of these Terms, which by their nature extend beyond the expiration or termination of the Terms, will survive.

21. Indemnification. You agree to indemnify Hyland and its parent companies, subsidiaries, affiliates and their respective officers, directors, stockholders and employees from and against any and all third party claims arising from or in any way related to your submission(s) or posting(s) of content to, or access to or use of, the Sites, including any demands, liabilities, costs, or expenses, , resulting from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature. In such a case, Hyland will provide you with written notice of such claim, suit or action.

22. Entire Agreement. The Agreement constitutes the entire agreement between you and Hyland and governs your use of the Sites. You may be subject to additional terms and conditions under a separate agreement between you or your employer and Hyland.

23. Waiver and Severability of Terms. Hyland's failure to exercise or enforce any right or provision of the Terms or Privacy Policy shall not constitute a waiver of such right or provision. If any provision of the Terms or Privacy Policy are found by a court of competent jurisdiction to be invalid, the remaining terms of the agreement shall continue in full force and effect.

24. Governing Law; Invalidity of Separable Provisions. All uses of the Sites and these Terms of Use and the Privacy Policy shall be governed by the laws of the State of Ohio, U.S.A. (and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended), without regard to the conflicts of laws provisions thereof. Any actions brought by you or Hyland based on or arising out of the use of the Sites or the Agreement shall be brought exclusively in the Federal District Court for the Northern District of Ohio seated in Cuyahoga County, Ohio, or in a state court located in said county.

25. Your Use and Warranties for Demo Products. You may use the www.try.hyland.com Site solely to evaluate the software products demonstrated on the Site (“Software”). You may not download, save, print, copy, reproduce, redistribute or retain any Software or other data from the Site. You warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and you will not interfere with or disrupt the Site or servers or any network connected to the Site. You agree to defend and indemnify Hyland and its suppliers in the event of any third party claim arising out of your breach of these Terms.

26. Certification Exams. Certification exams on www.university.hyland.com are confidential and are protected. They are made available to You, the examinee, solely for the purpose of certification in the technical area referenced in the title of the exam. You are expressly prohibited from disclosing, publishing, reproducing, or transmitting the exam, in whole or in part, in any form or by any means, verbal or written, electronic or mechanical, for any purpose, without the prior express written permission of Hyland. Please review Hyland’s Exam Retake Policy.

27. Pacsgear Support. If you are requesting support for any Pacsgear product via the www.community.hyland.com Site, these Pacsgear Support Terms apply.