By uploading or downloading any software on this TIE site, you acknowledge that you have read, understood, and agree to be bound by these terms of site use.

1. The TIE Service is a service made available by Group Intelligence, Inc. ("GI"). All software, documentation, information and other materials ("TIE Information") provided on and through this Website may be used only under the following terms and conditions ("Terms of Use") and any applicable licenses.
2. GI assumes no responsibility regarding the accuracy of the TIE Information. Any TIE Information downloaded or obtained from this TIE Service will be done at your own risk. It is up to you to take precautions to ensure that whatever you select for use does not contain items such as viruses, worms or other items of a destructive nature. Except as otherwise expressly stated, by providing the TIE Information, GI does not grant any licenses to any copyrights, patents or any other intellectual property rights.
3. When contributing information to the TIE site, you agree that your contributions will be licensed under terms which grant other users of the TIE a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the contribution, and such derivative works, in source code and object code form, and a nonexclusive, worldwide, perpetual, irrevocable, and paid-up license under any patents and patent applications licensable by you to make, have made, use, have used, import, export, sell, and otherwise transfer the information.
4. GI provides no assurances or guarantees that any problems with, or bugs, viruses, worms, or other items of a destructive nature in the TIE Information will be resolved. Moreover, you are solely responsible for removing and/or fixing any problems that arise from, are related to, or involve bugs, viruses, worms or other items of a destructive nature in the TIE Information that you download or obtain from the TIE service. GI is under no obligation to assist you or your company in resolving any problems that arise from, are related to, or involve bugs, viruses, worms or other items of a destructive nature in the TIE Information that you download or obtain from this TIE service.
5. GI does not want to receive confidential information from you through this TIE Service. Any information sent to this TIE service will be deemed not to be confidential. You acknowledge that you are responsible for the TIE Information that you submit, and you, not GI, have full responsibility for that TIE Information, including its legality, reliability, and appropriateness, originality, patent and copyright.
6. You warrant that your contributions to the TIE site do not infringe upon any patent, trade secret, copyright or other intellectual property rights of a third party, and agree to defend, indemnify and hold harmless GI and IBM against any claim asserted against them which arises out of your contribution or use of the TIE site. You are prohibited from posting or transmitting to or from this TIE Service any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
7. In no event will GI or IBM be liable to you or any other individual or entity for any direct, indirect, incidental, punitive, special or consequential damages that you incur because of your use of the TIE service, its TIE Information or on any other hyperlinked website. You will hold GI and IBM harmless for its publication of this website in the event that you sustain any damages, including without limitation, any lost profits, lost sales, lost revenue, loss of goodwill, business interruption, loss of programs or other data even if it is expressly advised or aware of the possibility of such damage or losses. In addition, your agreement to hold GI and IBM harmless includes, but is not limited to, any negligent acts that GI or IBM may commit.
8. All TIE information is provided on "as is" basis only. User assumes all risk of loss for the use thereof. GI provides no representations, conditions, and/or warranties, express or implied, including, without limitation, the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
9. GI reserves the right to investigate complaints or reported violations of these Terms of Use, and to take any action it deems appropriate including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
10. GI reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including, but not limited to, the right to block access from a particular Internet address to this TIE Service. If GI seeks legal action against you to enforce the Terms of Use or for any other violation, infraction, or misuse related to, involving, or regarding the TIE service or TIE Information, you will be responsible for legal fees, costs of suit and any other damages deemed equitable in the event that a court finds that the Terms of Use must be enforced against you, or it is determined that you committed any other violation, infraction, or misuse related to, involving, or regarding the TIE service or the TIE Information.
11. You acknowledge that GI: (i) does not pre-screen TIE Information; (ii) has the discretion to determine whether to post or not post TIE Information; and (iii) can delete TIE Information at any time for any reason. The TIE Information on this TIE Service may contain technical inaccuracies or typographical errors. The TIE Information may be changed or updated without notice. GI may also make improvements and/or changes to the TIE Information at any time without notice.
12. You agree to be responsible for providing accurate and complete information about yourself during registration and to updating such information to keep it current. GI may, in their sole discretion, terminate the accounts or access rights of Users who may have provided inaccurate or incomplete information during registration.
13. New York law and controlling U.S. Federal law govern any action relating to these Terms of Use without regard to any jurisdiction's choice law rules.
14. The Tivoli Information Exchange website and its content are neither owned nor controlled by IBM Corporation ("IBM"), and IBM is not responsible for the website or its content. IBM makes no representations regarding the site or content therein and provides no warranty of any kind, express or implied, including without limitation, of merchantability or fitness for a particular purpose, or non-infringement.