These Terms govern your use of the Federal Reserve Bank external web conferencing application (including all related documentation, the "Application") and participation in External Web Conferences hosted by the Bank. Your access to the Application, including any software you download to access the Application is licensed, not sold, to you.
BY DOWNLOADING OR ACCESSING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR ACCESS THE APPLICATION AND DELETE ANY SOFTWARE YOU HAVE DOWNLOADED TO ACCESS THE APPLICATION.
THE UNDERLYING APPLICATION IS PROVIDED BY CISCO AND THE BANK CONDUCTS EXTERNAL WEB CONFERENCES (AS DESCRIBED BELOW) FOR CONFERENCES THROUGH THIS APPLICATION. CONSEQUENTLY, YOUR USE OF THE APPLICATION IS ALSO SUBJECT TO CERTAIN LICENSES, RULES AND POLICIES OF CISCO. PLEASE REFER TO THE FOLLOWING FOR MORE INFORMATION (COLLECTIVELY, THE “CISCO TERMS”):
WebEx License Agreement: https://www.webex.com/License-Agreement.html
Cisco Privacy Terms: https://www.cisco.com/c/en/us/about/legal/privacy.html and the Cisco WebEx Meeting Supplement: https://www.cisco.com/c/en/us/about/legal/privacy-full/webex-meeting-center-supplement.html
Cloud Services Acceptable Use Policy: https://www.cisco.com/c/en/us/about/legal/end-user-license-and-cloud-terms/cloud-services-acceptable-use-policy.html
- License Grant. Subject to these Terms, the Bank grants you a limited, non-exclusive and nontransferable license to download, install, or use the Application to access External Web Conferencing hosted by the Bank, subject to the applicable Cisco Terms.
- License Restrictions. You shall not:
- copy the Application, except as expressly permitted by these Terms;
- modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
- remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
- Content. In connection with conducting an External Web Conference, the parties may exchange information or materials either verbally, through text or through document sharing or exchange (collectively, the “Information”). If there is a written agreement between the parties governing the handling of information, including confidential information, the terms of the written agreement apply to the Information exchanged through an External Web Conference. Similarly, if there is a written agreement between the parties governing the ownership of, license to use, or intellectual property rights of documents, work product, or materials, the terms of the written agreement apply to the Information exchanged through an External Web Conference. In the absence of a written agreement, you acknowledge that the Bank may retain Information shared through the External Web Conference.
- Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application or any other rights to the Application other than to use it in accordance with the license granted by, and subject to all terms, conditions, and restrictions of these Terms. The Bank and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
- Privacy Terms; Collection and Use of Your Information. The Bank uses the contact information you have provided or you share by forwarding External Web Conferencing invitations, including your name and email address, to facilitate your participation in External Web Conferences.
You acknowledge that when you download, install, or use the Application or participate in an External Web Conference, such information will be shared with Cisco and that Cisco may collect additional information using automated means about your use of the Application, as described in the Cisco Privacy Terms identified above. By participating in External Web Conferences, you consent to the collection of this information by Cisco and the transfer of this information to the United States or other jurisdictions outside the country where it was collected.
You acknowledge that the Bank may record the External Web Conference for which the Application is being used. By your participation in the External Web Conference you consent to such recording. You also acknowledge that the Application includes a feature that enables certain participants to record conferences. The Bank is not responsible for any recordings made by individuals that are not employees of the Bank.
- Third Party Materials. The Application may incorporate materials licensed from third parties, which may be subject to separate copyright and license conditions. All third party materials are provided “as is” and all express or implied warrantees and all liabilities, damages, indemnities and obligations of any kind with respect to such materials are disclaimed. Any terms that differ from the applicable license for such materials is offered by the Bank alone and shall not bind any provider or publisher of such materials. To the extent any license for such materials grants a licensee rights to use, copy or modify such materials that are broader than the rights granted herein, then such rights shall take precedence over these Terms. Linking to another website or providing third party materials from the Application does not constitute or imply an endorsement or recommendation by the Bank. Furthermore, reference to any specific commercial product, process or services does not constitute or imply an endorsement or recommendation by the Bank.
- Term and Termination.
- The term commences when you download the Application and will continue in effect until terminated by you or the Bank as set forth in this Section 7.
- You may terminate these Terms by deleting all copies of the Application.
- The Bank may terminate these Terms at any time without notice if it ceases to support the Application, which the Bank may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of term or condition of these Terms.
- Upon termination:
- all rights granted to you under these Terms will end except for the rights relating to reproduction of Content granted in Section 3; and
- you must cease all use of the Application and delete all copies of the Application.
- Termination will not limit any of the Bank's rights or remedies at law or in equity.
- Disclaimer of Warranties. The Bank provides no warranty, express or implied, as to the accuracy, timeliness, completeness, merchantability, fitness for any particular purpose, title, quality, or non-infringement for the use of the Application in any form or manner whatsoever. All content and services on this Application are provided on an “as is” basis and “as available” basis without warranty of any kind. Further, to the maximum extent permitted by law, you hereby release and waive all claims against the Bank, and its officers, agents, and employees from any and all liability for claims, damages, costs and expenses (including litigation costs and attorney’s fees) of every kind and nature, arising from or in any way related to your use of the Application.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BANK IS NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS IS FORESEEABLE. UNDER NO CIRCUMSTANCES IS THE BANK LIABLE TO YOU FOR ANY AMOUNT.
- Indemnification. You agree to indemnify, defend, and hold harmless the Bank and its officers, agents, and employees from and against any and all claims, losses, damages, liabilities, costs and expenses (including litigation costs and attorneys' fees) of every kind and nature arising from or in any way relating to your use or misuse of the Application or your breach of these Terms, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits judgments, litigation costs and attorneys’ fees, of every kind and nature. Furthermore, you agree that the Bank assumes no responsibility to any third parties for content you share in connection with your participation in an External Web Conference.
- Severability. If any provision of these Terms is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, you agree that all other provisions of these Terms will remain in full force and effect.
- Governing Law. These Terms and the relationship between you and the Bank is to be construed and enforced in accordance with the federal law of the United States and, in the absence of controlling federal law, with the laws of the state in which the Ban, is located even if applicable conflict-of-law rules indicate the laws of a different jurisdiction should govern. The exclusive jurisdiction for any legal action or proceeding regarding these Terms shall be the United States district court for the district in which the Bank is located, and you agree to irrevocably submit to the jurisdiction and venue of that court in any such action or proceeding.
- Entire Terms. These Terms, including policies and terms expressly incorporated by reference, constitutes the entire agreement between you and the Bank with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall govern.
- Terms Subject To Change. The Bank reserves the right to change these Terms at any time without prior notice. It is your responsibility to check periodically for any changes the Bank makes to these Terms. Continued use of the Application after notice of the change constitutes acceptance of the modified terms.