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Guidelines for Linking to the Primavera Web Site

THESE GUIDELINES FOR LINKING TO THE PRIMAVERA WEB SITE ARE A LEGAL AGREEMENT (THIS "AGREEMENT") BETWEEN YOU AND PRIMAVERA SYSTEMS, INC. ("PRIMAVERA" OR "US"). BY CLICKING THE "I AGREE" BUTTON, OR BY USING THE LINK-TO-PRIMAVERA BUTTON (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, ALONG WITH ANY AMENDMENTS OR MODIFICATIONS THERETO MADE BY PRIMAVERA FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE LINK-TO-PRIMAVERA BUTTON, OR TO CREATE A TEXT REFERENCE FOR LINKING TO THE PRIMAVERA WEB SITE (AS DEFINED BELOW).

Your web site may include hypertext links to the Primavera web site at http://www.primavera.com (the "Primavera Web Site"), subject to the terms and conditions set forth in this Agreement.

Text References
You may link to the Primavera Web Site using text references to Primavera or a Primavera product name ("Text References") on your web site, anchored to a hypertext link to the Primavera Web Site. Text References shall use a simple non-stylized font and format. You agree to use only appropriate phrases for such Text References, such as "Link to www.primavera.com", "Link to Primavera Systems, Inc." or "Click here for more information about Primavera TeamPlay®", as determined in the sole discretion of Primavera.

Authorized Link-to-Primavera Button
You may publicly display on your web site the graphical file provided by Primavera with this Agreement (the "Link-to-Primavera Button"), solely as an image on your web site anchored to a hypertext link to the Primavera Web Site. You agree to use the Link-to-Primavera Button only on the World Wide Web and only as a hypertext link from your business or project web site to the Primavera Web Site, and for no other purpose. You may use only the Primavera-supplied artwork for the Link-to-Primavera Button. This Agreement grants you no right to use the Primavera logo in any other form, or to use any other graphic or logo unauthorized by Primavera on your web site.

Terms and Conditions of Use
1. You warrant and represent that your web site, and your use of the Link-to-Primavera Button and Text References on your web site:

  • will not violate any applicable law, ordinance, rule, or regulation, including without limitation laws regarding fraud, false advertising, unfair competition, consumer protection, defamation, obscenity, pornography, and U.S. Export Administration Regulations governing the export or re-export of technical data (as defined therein);
  • will not relate to the sale or offer for sale of alcohol, firearms, tobacco, counterfeit items, stolen items, any item or service the sale of which is prohibited by law, or any item or service which you do not have the right to market, sell, or distribute;
  • will be free of obscenity, pornography, libel, unlawful threats or harassment, and offensive or demeaning sexual, racial, or ethnic content;
  • will be free of any virus, Trojan horse, worm, or other software routine designed to permit unauthorized access to software or to Internet sites, or to disable, erase, or otherwise adversely affect data or the operation of software or hardware;
  • will not disparage Primavera, present false or misleading information about Primavera or Primavera products and services, or make any misrepresentations about your relationship with Primavera;
  • will not include content copied from the Primavera Web Site, without the prior written consent of Primavera;
  • will not display the Primavera Web Site in a browser frame, or otherwise grouped in a browser window with non-Primavera content; and
  • will not directly or indirectly link to any third-party Internet site the content of which violates the foregoing warranties and representations.

2. You understand that Primavera may, from time to time, monitor your use of the Text References and Link-to-Primavera Button for purposes of ensuring your compliance with the terms of this Agreement and for quality control purposes. Primavera shall have, in its sole discretion, the right to disapprove the use of the Link-to-Primavera Button and or Text References on your web site for any reason, including, but not limited to, elements of size, surrounding text, and aspect ratio. If Primavera determines in its sole discretion that your use does not conform to Primavera standards in effect from time to time, you agree to immediately terminate or modify your use as Primavera may request.

3. You acknowledge and agree that Primavera owns and retains all proprietary rights in and to the Link-to-Primavera Button and the trademarks and service marks of Primavera (together, the "Marks"). You acknowledge and agree that Primavera has built up substantial goodwill in the Marks, and that Primavera shall be the sole owner of any and all goodwill in the Marks built up as a result of your exercise of the rights granted in this Agreement. You agree not to make use of any trademark, service mark, or trade name that is identical or similar to any of the Marks, in any manner whatsoever without the prior written consent of Primavera. You agree to adhere to the standards of Primavera for the use of the Marks, and to take no action that impairs or otherwise tarnishes the Marks.

4. Primavera has the right to terminate or modify this agreement at any time and for any reason. You agree that in the event of termination, or upon request of Primavera, you will immediately remove the Link-to-Primavera Button from your web site, destroy any copies of the Link-to-Primavera Button in your possession, and delete any and all Text References to Primavera. You may cease using the Link-to-Primavera Button at any time.

5. You agree to complete the Identification and Usage Form accurately and truthfully.

6. PRIMAVERA PROVIDES THE LINK-TO-PRIMAVERA BUTTON "AS IS," AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE MARKS, OR YOUR USE OF THE LINK-TO-PRIMAVERA BUTTON. PRIMAVERA SHALL NOT BE LIABLE FOR ANY DAMAGES, HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER PRIMAVERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree to defend, indemnify and hold harmless Primavera from any and all losses, claims, liabilities and expenses (including reasonable attorneys' fees), regardless of the form of action, arising out of or in any way related to your use of the Link-to-Primavera Button or Text References hereunder, or resulting from your breach of this Agreement.

7. Primavera has the right at any time and without prior notice to revise the terms and provisions of this Agreement or to impose new terms and conditions with respect to use of the Link-to-Primavera Button or Text References. Revisions and additions will be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Primavera Web Site. Any use of the Link-to-Primavera Button or Text References by you after notice of revisions or additions to this Agreement will constitute and be deemed to be your agreement to such revisions or additions.

8. This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law principles. In any matter connected with this Agreement, you consent exclusively to personal jurisdiction in the United States District Court for the Eastern District of Pennsylvania, or if that court lacks subject matter jurisdiction, in the courts of the Commonwealth of Pennsylvania located in Montgomery County or Philadelphia County.

9. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. You may not amend or modify this Agreement except in a writing duly executed on paper by you and an authorized representative of Primavera. No waiver by Primavera of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of any other provisions of the Agreement. You may not assign, delegate or otherwise transfer this Agreement or any rights or obligations hereunder without the prior written consent of Primavera.

 

 

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