Terms of use
Last changed: 18 March 2019
These terms of use are entered into by and between you and KNIME AG, Talacker 50, 8001 Zurich, Switzerland ("KNIME", "we" or "us"). The following terms and conditions, together with our Privacy Policy, found at https://www.knime.com/privacy, incorporated herein by reference (collectively, the "Terms of Use"), govern your access to and use of the KNIME Forum and the KNIME Hub, including any content, functionality and services offered on or through the KNIME Forum and the KNIME Hub (collectively the "Services").
Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
1. Definitions
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms.
Content refers to content featured or displayed through the Services, including without limitation text, data, workflows, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available through the Services or otherwise.
User-Generated Content is Content, written or otherwise created or uploaded by our users
Your Content is Content that you created and upload.
Account represents your legal relationship with KNIME. A "User Account" represents an individual user’s authorization to log in to and use the Services and serves as a user’s identity on KNIME.
2. Account Terms
Short version: Each person must create an Account; you must be 18 or over and you must provide a valid email address. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.
2.1 Required Information
To register for the Services, you must be a human and at least of age 18 and you need to provide a valid email address, choose a username and password. You shall not share your User Account with others.
Please notify KNIME immediately, if you become aware of any unauthorized use of, or access to, our Services through your User Account us via https://www.knime.com/contact.
Any other information you can enter, such as your picture, your location, your website and your background is optional. If you provide any optional information, you agree that it is stored and displayed publicly as part of the Service.
2.2 User Account
Subject to these Terms of Use, you retain ultimate administrative control over your User Account and the Content within it.
You are responsible for keeping your User Account secure while you use our Services. You are responsible for all content posted and activity that occurs under your User Account (even when content is posted by others under your User Account). KNIME cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly notify KNIME if you become aware of any unauthorized use of, or access to, our Services through your User Account, including any unauthorized use of User Account.
In some situations, third parties' terms may apply to your use of the Services. For example, you may download applications, documentations or source code. Please be aware that while these Terms of Use are our full agreement with you, other parties' terms govern their relationships with you.
3. Acceptable Use
Short version: While using the Services, you must follow the acceptable use provisions in this section 3, which includes some restrictions on Content you can post, conduct on the Services, and other limitations. In short, respect the other users.
3.1 Compliance with Laws and Regulations
Your use of the Services must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are personally responsible for making sure that your use of the Services is in compliance with laws and any applicable regulations. If you are entering into these Terms of Use on behalf of any entity you warrant that you are duly authorized by such legal entity to act on its behalf and to accept these Terms of Use, and such entity will be responsible for breach of these Terms of Use by you or any other employee or agent of such entity (references to "you" in these Terms of Use refer to you and such entity, jointly).
3.2 Content Restrictions
You may not use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful, fraudulent, infringing or offensive activity, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or Content include:
- Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming;
- Content that infringes or misappropriates the intellectual property or proprietary rights of others;
- Content that is defamatory, obscene, abusive, invasive of privacy, racist, sexist or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts;
- Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots or excessive bulk activity such as spamming.
3.3 Conduct Restrictions
- harass, abuse, threaten, or incite violence towards any individual or group, including KNIME employees, officers, and agents, or other user of the Services;
- use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- attempt to disrupt or tamper with KNIME's servers in ways that could harm our Services, to place undue burden on KNIME's servers through automated means, or to access the Services in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or representatives, including through false association with KNIME, or by fraudulently misrepresenting your identity or site's purpose;
- violate the privacy of any third party, such as by posting another person's personal data without consent; or
- use scraping to extract data from our Services via an automated process.
3.4 Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without KNIME's express written permission.
3.5 Privacy
Misuse of users' personal data is prohibited.
Any person, entity, or service collecting data from KNIME must comply with our Privacy Policy, found at https://www.knime.com/privacy, particularly in regards to the collection of our users' personal data. If you collect any user's personal data from KNIME, you agree that you will only use the personal data you gather for the purpose for which our user has authorized it. You agree that you will reasonably secure any personal data you have gathered from KNIME, and you will respond promptly to complaints, removal requests, and "do not contact" requests from KNIME or other users.
3.6 User Protection
You agree not to engage in activity that significantly harms our users. We will resolve disputes in favour of protecting our users as a whole.
4. User-Generated Content
Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the Services. We have the right to remove content or close Accounts if we need to.
4.1 Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Services. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Services, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
4.2 KNIME May Remove Content
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any KNIME terms, policies or applicable laws.
4.3 Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Your Content. You are responsible for any Content you post and must ensure that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other users — certain legal permissions, listed in sections 4.4 - 4.7. These license grants apply to Your Content. You understand that you will not receive any payment for any of the rights granted in sections 4.4 - 4.7. The licenses you grant to us will end when you remove Your Content from our servers.
4.4 License Grant to Us
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to the Services. This includes the right to do things like copy it to our database and make backups; show it to you and other users; share it with other users; include it into a search index or otherwise analyse it on our servers.
4.5 License Grant to Other Users
Any User-Generated Content you post may be viewed by others. You agree to allow others to view, download and use Your Content.
You grant each user of the Service a nonexclusive, worldwide license to use, display, and perform Your Content through the Services for his/her own personal purposes and to make copies of it as required for these purposes only. You may grant further rights (e.g. to allow modification and re-distribution of Your Content) if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other users of the Service.
4.6 Contributions, Amendments, Developments Under Existing License
Whenever you make a contribution to a file or amend or further develop a file containing notice of a license, you license your contribution, amendment or further development under the same terms, and you agree that you have the right to license your contribution, amendments or further developments under those terms.
4.7 Moral Rights
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Services, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in section 4, but not otherwise.
To the extent these Terms of Use are not enforceable by applicable law, you grant KNIME the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to provide the Services.
5. Copyright Infringement
If you are a copyright owner and you believe that Content on KNIME and/or available via the Services violates your rights, please contact us via https://www.knime.com/contact.
6. Intellectual Property Notice
Short version: We own the Services and all of our Content. In order for you to use our Content, we give you certain rights to it, but you may only use our Content in the way we have allowed.
KNIME and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Services. All rights are reserved, that are not expressly granted to you under these Terms of Use or by law. The look and feel of the Services is copyright © KNIME AG All rights reserved.
7. Feedback
Short version: Your Feedback helps us to improve the Services. Therefore, we need from you certain rights.
If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. You hereby assign to us, all right, title, and interest in, and agree to provide us any assistance we require to document, perfect, and maintain our rights. We are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
8. Advertising on KNIME
You are not allowed to use the Services for advertising.
9. Cancellation and Termination
Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.
9.1 Account Cancellation
You can cancel your Account at any time by sending a request via https://www.knime.com/contact.
9.2 Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements.
We will not delete Content that you have contributed to the Services or that other users have forked, unless you explicitly and specifically request it.
9.3 KNIME May Terminate
KNIME has the right to suspend or terminate any User Account at any time, with or without cause, with or without notice, effective immediately. KNIME reserves the right to refuse Services to anyone for any reason at any time.
10. Survival
All provisions of these Terms of Use which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Communications with KNIME
Short version: We use email and other electronic means to stay in touch with our users.
11.1 Electronic Communication Required
For contractual purposes, you (i) consent to receive communications from us in an electronic form via the email address you have submitted or via the Services; and (ii) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
11.2 Legal Notice to KNIME must be in Writing
Communications made through email or KNIME Support's messaging system will not constitute legal notice to KNIME or any of its officers, employees, agents or representatives in any situation where notice to KNIME is required by contract or any law or regulation. Legal notice to KNIME must be in writing to the following address: KNIME AG, Talacker 50, 8001 Zurich, Switzerland.
12. Disclaimer of Warranties
Short version: We provide our Services as is, and we make no promises or guarantees about the Services. Please read this section carefully; you should understand what to expect.
KNIME provides the Services "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
KNIME does not warrant that the Services will meet your requirements; that the Services will be uninterrupted, timely, secure, or error-free; that the information provided through the Services is accurate, reliable or correct; that any defects or errors will be corrected; that the Services will be available at any particular time or location; or that the Services are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Services.
13. Release and Indemnification
Short version: You are responsible for your use of the Services. If you harm someone else or get into a dispute with someone else, we will not be involved. And if someone drags us in – you will make sure we get out again without harm and financial loss.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless KNIME, its affiliates and KNIME's as well as the affiliates’ respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the "KNIME Parties") from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your use of the Services, (ii) your responsibilities or obligations under these Terms of Use, (iii) your violation of these Terms of Use, or (iv) your violation of any rights of any other person or entity, (v) any dispute relating to the Services between you and any other person, and (vi) any regulatory enforcement actions, which were initiated by your actions or omissions.
14. Limitation of Liability
Short version: We will not be liable for damages or losses arising from your use or inability to use the Services or otherwise arising under these Terms of Use. Please read this section carefully; it limits our obligations to you.
To the fullest extent permitted by applicable law: (i) in no event will KNIME or any of KNIME Parties be liable for any direct, indirect, special, incidental, consequential, punitive, enhanced or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages) arising out of or in any way related to the use of the Services or otherwise related to the Services or these Terms of Use, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
15. Changes to These Terms
Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend and update these Terms of Use at any time. We will notify our users of material changes to these Terms, at least 30 days prior to the change taking effect by posting a notice on our website where you access the Services. For non-material modifications, your continued use of the Services constitutes agreement to our revisions of these Terms of Use.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part of it) with or without notice.
16. Governing Law and Court Venue
These Terms of Use shall be governed by substantive Swiss law, excluding Swiss conflicts of law rules. The United Nations Convention on the International Sale of Goods shall not apply. Any dispute arising under or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of the City of Zurich, Switzerland.
17. Non-Assignability
KNIME may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in section 4. You may not assign or delegate any rights or obligations under the Terms of Use without our prior written consent, and any unauthorized assignment and delegation by you is void.
18. Severability, No Waiver, and Survival
If any part of these Terms of Use is held invalid or unenforceable, that portion of the Terms of Use will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of KNIME to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.
19. Amendments; Complete Agreement
These Terms of Use may only be modified by a written amendment signed by an authorized representative of KNIME, or by the posting by KNIME of a revised version in accordance with section 15. These Terms of Use, together with the KNIME Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. These Terms of Use supersede any proposal or prior agreement oral or written, and any other communications between you and KNIME relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.