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TERMS
OF USE
FOR THE WEBSITE OF CARREKER CORPORATION
COPYRIGHT 1996-2006 BY CARREKER CORPORATION.
ALL RIGHTS RESERVED.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.
BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF,
YOU AGREE TO BE BOUND BY THE TERMS OF USE BELOW.
IF YOU DO NOT AGREE TO THE FOLLOWING TERMS OF USE,
DO NOT ACCESS THIS WEBSITE, OR ANY PAGES THEREOF.
YOU SHOULD CHECK THIS SECTION FROM TIME TO TIME AS
WE MAY REVISE THESE TERMS OF USE, AND YOU AGREE TO
BE BOUND BY ANY SUCH REVISIONS.
Copyrights and Other Intellectual
Property Rights
Unless otherwise expressly noted,
Carreker Corporation (“Carreker”)
owns the copyright in the pages
and in the screens displaying the
pages and in the information, names,
images, pictures, recordings, logos,
icons, products, programs, documents
and materials (collectively “Information”)
therein and in their arrangement.
Unless otherwise specifically provided
on a web page, Carreker authorizes
you to copy, view, print and distribute
Information published by Carreker
or its affiliates on this website
subject to the following conditions:
(1) you use such Information for
informational and non-commercial
purposes solely for use and distribution
within your organization; (2) you
may not charge a fee to distribute
the Information; and (3) you must
include on all such copies any
and all legends, copyright, proprietary
or other notices that appear herein
or if no such legends or notices
appear on such Information, then
the following copyright notice
must appear on all such copies: “Copyright © 2002
Carreker Corporation. All rights
reserved.” Except as authorized
in this paragraph, you are not
being granted a license under any
copyright, trademark, patent or
other intellectual property right
in the Information, and the Information
may not otherwise be reproduced,
displayed, downloaded, licensed,
modified, re-posted, retransmitted,
disseminated, sold, distributed,
published, broadcast, circulated,
used to create a derivative work
or otherwise used for commercial
purposes without the express written
consent of Carreker.
Trademark Notices
The trademarks, logos, and service marks (collectively
the “Trademarks”) displayed on the Site
are registered and common law Trademarks of Carreker
and others. Nothing contained on the site should
be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark
displayed on the site without the written permission
of Carreker or such third party that may own the
Trademarks displayed on the Site. Your use of the
Trademarks displayed on the Site, or any other content
on the Site, is strictly prohibited. You are also
advised that Carreker will aggressively enforce its
intellectual property rights to the fullest extent
of the law, including the seeking of criminal prosecution.
Web Content and Materials
The Information contained in this website and the
terms and conditions of the access to and use of
such Information are subject to change without notice.
Carreker may also make improvements and/or changes
in the Information at any time without notice. Any
dated information is published as of its date only,
and Carreker does not undertake any obligation or
responsibility to update or amend any such information.
By offering Information, no solicitation is made
by Carreker to any person to use such Information
in jurisdictions where the provision of such Information
is prohibited by law. Your eligibility for particular
products and services is subject to final Carreker
determination and acceptance.
Restricted Rights Legend
Any software that is downloaded from this site for
or on behalf of the United States of America, its
agencies and/or instrumentalities ("U.S. Government"),
is provided with Restricted Rights. Use, duplication,
or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer
is Carreker Corporation, 4055 Valley View Lane, Suite
1000, Dallas, Texas 75244.
Links to Other Websites
As a convenience, Carreker may
provide links to non-Carreker websites
solely to direct you to information
on topics that may be useful to
you. Carreker has no control over
the content on such non-Carreker
websites, and Carreker is not responsible
for the content of such linked
websites or any link contained
in a linked site or any changes
or updates to such sites. Links
to non-Carreker websites do not
imply Carreker’s endorsement
of or responsibility for the opinions,
ideas, products, information or
services offered at such websites.
Carreker disclaims responsibility
for the privacy policies and customer
information practices of such third
party websites linked to our websites.
Your use of linked websites is
at your own risk.
Warranty Disclaimer/Limitation
of Liability
Although Carreker attempts to provide
accurate and up-to-date Information
on its website, it makes no representation
or warranty that such Information
is accurate and up-to-date. CARREKER
IS NOT RESPONSIBLE FOR ANY ERRORS
IN OR OMISSIONS FROM THE INFORMATION
CONTAINED IN OR ACCESSED THROUGH
THIS WEBSITE. ALL SUCH INFORMATION
IS PROVIDED TO YOU "AS IS" WITHOUT
EXPRESS OR IMPLIED WARRANTIES OF
ANY KIND INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OR FITNESS FOR
PARTICULAR OR ORDINARY PURPOSES
OR AS TO THE PERFORMANCE, FUNCTION
OR DOCUMENTATION OF THE INFORMATION.
THE INFORMATION IS PROVIDED WITH
ALL FAULTS, AND THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IS WITH YOU.
FURTHERMORE, CARREKER WILL NOT
BE LIABLE FOR ANY DELAY, DIFFICULTY
IN USE, INACCURACY OF INFORMATION,
COMPUTER VIRUSES, MALICIOUS CODE
OR OTHER DEFECT IN THIS WEBSITE
OR ON ANY OTHER HYPERLINKED WEBSITE,
OR FOR THE INCOMPATIBILITY BETWEEN
THIS WEBSITE AND FILES AND THE
USER'S BROWSER OR OTHER WEBSITE
ACCESSING PROGRAM. CARREKER WILL
NOT BE LIABLE FOR ANY OTHER PROBLEMS
EXPERIENCED BY THE USER DUE TO
CAUSES BEYOND CARREKER'S CONTROL.
NO LICENSE TO THE USER IS IMPLIED
IN THESE DISCLAIMERS. EXCEPT AS
MAY BE OTHERWISE EXPRESSLY PROVIDED
BY WRITTEN AGREEMENT BETWEEN CARREKER
AND YOU, CARREKER WILL HAVE NO
LIABILITY OF ANY TYPE (TORT, CONTRACT
OR OTHERWISE) IN CONNECTION WITH
THE USE OF THIS WEBSITE OR RELIANCE
ON ANY INFORMATION OR SERVICES
PROVIDED AT THIS WEBSITE. CARREKER
WILL UNDER NO CIRCUMSTANCES BE
LIABLE, REGARDLESS OF THE FORM
OF ACTION, FOR ANY LOST PROFITS
OR LOST OPPORTUNITY, BUSINESS INTERRUPTION,
LOST PROGRAMS OR OTHER DATA ON
YOUR INFORMATION HANDLING SYSTEM
OR OTHERWISE OR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES WHATSOEVER, EVEN IF CARREKER
HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE
OF ANY REMEDY.
Forward Looking Statements
Certain statements contained on
this Site may constitute “forward-looking
statements” within the meaning
of the federal securities laws.
The words "estimate," "project," "intend," "expect," "believe," "plan" and
similar expressions are intended
to identify forward-looking statements.
Our actual results could differ
materially from those currently
anticipated due to a number of
factors, including, but not limited
to, changes in the banking industry’s
demand for our solutions, significant
customer concentration and the
potential loss of a significant
customer, variations in operating
results, reduction in revenues
due to pricing arrangements, the
infrequent use of long-term contracts
with customers, the focus of our
technology and consulting solutions
and the chance that they will not
be accepted in the marketplace,
risks associated with rapid growth
in our business, the inability
to attract and retain key personnel,
existence of defects or errors
in our software, ability to develop
new technologies and services,
ability to meet the changing needs
of customers, dependence on third-party
Internet providers and the Internet,
intense competition, risks associated
with strategic alliances and acquisitions,
inability to protect our proprietary
rights, infringement and other
claims and related expenses, reliance
on third-party licenses, volatility
in our stock price, exposure to
risks associated with our indebtedness,
international operations, reliance
on independent contractors, adoption
of Financial Accounting Standard
No. 142, governmental regulation
and legal uncertainties and anti-takeover
provisions in our charter documents
and under applicable law. These
and other factors are set forth
in our annual report on Form 10-K
and in other reports and documents
filed with the Securities and Exchange
Commission from time to time.
Submissions
Except as otherwise provided in our Privacy Policy, feedback, comments, information, materials or other communication (“Communications”) provided by you to Carreker will be deemed NOT to be confidential. By sending Carreker any Communications, you grant Carreker an unrestricted, paid up, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Communications, and you also agree that Carreker is free to use on an unrestricted basis without accounting to you any such Communications and the ideas, concepts, know-how or techniques that you provide.
Affiliates
This website’s “Terms of Use” shall
inure to the benefit of the affiliates of Carreker
Corporation.
Governing Law
Access to and use of this Carreker website, and the
terms of use including the warranty disclaimer and
limitation of liability are governed by the internal,
substantive laws of the State of Texas (other than
the Uniform Computer Information Transactions Act,
UCITA, as may be adopted in Texas), but without regard
to conflicts of law principles thereof. UCITA and
the United Nations’ Convention on International
Sale of Goods shall not apply to access and use of
this website.
All rights not expressly granted herein are
reserved.
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