Copyright
This Website contains proprietary information of Witness Systems, including original works of authorship protected under United States and International Copyright Laws. All rights are reserved worldwide. Any disclosure, use, reproduction, adaptation, translation, display, or distribution without the prior written consent of Witness Systems is strictly prohibited.

Trademarks
The registered and unregistered copyrights, trade names, trademarks, service marks, logos, images, and all other rights, including all the names of our products and services, which are listed, referenced, or linked to this Website, including Witness, Witness Systems, Impact 360®, and the Witness Systems logo, (collectively, "Marks") belong exclusively to Witness Systems. Other product and company names appearing on this Website may be trademarks of their respective owners.

Unauthorized Use
Any unauthorized use of the Marks may violate copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not remove any copyright, trademark, or other proprietary notice or legend contained on or printed from this Website. The downloaded material must also retain all copyright and other proprietary notices contained on or in the material.

Downloading; Copying
You may download and/or print copies of any accessible Content on this Website only for your own noncommercial, personal internal use. Downloaded or copied material may not be, in whole or in part in any manner, distributed, modified, transmitted, reused, re-posted, or used for public or commercial purposes. Any other use must be approved by Witness Systems in writing.

Not a License or Sale
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or any sale of any of any content available on or through this Website, including Marks displayed on this Website, or without the written permission of the party that owns it. Unless this Use Agreement specifically permits otherwise, your use of the Content and the Marks in any manner other than as expressly stated herein is strictly prohibited. You are also advised that Witness Systems will aggressively enforce its intellectual property rights to the fullest extent of the law.

Password
We may provide you with a password to access certain areas of this Website. You are solely responsible for maintaining the confidentiality and security of your password. You accept full responsibility for any use of your password, and may not disclose your password to any third party. You must notify us immediately of any actual or suspected loss, theft or unauthorized use of your password.

Because user authentication on the Internet is difficult, we are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Because we do not and cannot be involved with user-to-user dealings or control the behavior of user(s) of our site, in the event that you have dispute with one or more users, you release Witness Systems, its officers, directors, employees, shareholders, and agents from claims, damages, expenses, liabilities, including without limitation, incidental, consequential, special, general, statutory or punitive damages of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Use at Your Own Risk
We make no guarantees, promises, or assurances regarding this Website and its Content, and you should use them at your own risk. Witness Systems will use reasonable efforts to include information that is accurate and current. However, Witness Systems does not warrant nor represent that it is or will be, and will have no liability or responsibility for any errors or omissions in the Content of this Website.

We also do not guarantee that your use of the materials on this Website will not infringe rights of third parties. Also, some data and other information used in the Content are from third parties. We believe that these third parties are reliable but we are not responsible for any third party information.

Witness Systems is not liable for any technological problems and any impact that they may have. We make reasonable efforts to avoid technological problems, but at any time this Website may have and may cause problems such as viruses and other damaging computer programming routines or engines. We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications.

YOU AGREE THAT ANY ACTION YOU TAKE OR ANY DECISION YOU MAKE IN RELIANCE ON THIS WEBSITE AND ITS CONTENT IS SOLELY AT YOUR OWN RISK, AND THAT WITNESS SYSTEMS IS NOT LIABLE FOR ANY CONSEQUENCES THEREOF.

Third Party Websites
As a convenience to you, Witness Systems provides hyperlinks from this Website to off-site pages or other websites. We are not responsible for the content of these sites, and therefore make no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness, or reliability of any content posted on those websites, and is not responsible or liable for any aspect of any products or services available through them.
Nothing on our Website, including hyperlinks to or from this Website, shall be considered an endorsement, representation, or warranty with respect to any user or third party, whether in regard to its website, products, services, hiring, employment or recruiting practices, investment opportunities, or otherwise. Use of these hyperlinks, and use and reliance on the content or information on any linked site, is at your sole discretion and risk.

Export
Software and other materials from this Website may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Website may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Witness Systems does not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by the United States Export Laws.

Independent Decisions
You must make your own independent investment decisions. There are many market, currency, economic, political, business, technological and other risks that are beyond our control. We do not assure you that this Website will lead to profitable investments, and you may lose money if you make investments based on this Website.

Witness Systems does not give advice or make any representations through this Website as to whether any security or investment is suitable to you or will be profitable, and nothing on this Website is an offer or a solicitation of an offer to buy or sell securities. solicit customer orders of securities. You should not consider anything you find on this Website to be an individualized recommendation to buy, sell, hold, or otherwise pursue or invest in any specific security, investment, or investment style.
We also do not give any accounting, tax, or legal advice. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs.

Third Parties
We are not involved in any dealings between you and any third party. You release Witness Systems and its affiliates, agents, and employees, and you agree to hold them harmless, from and against any claims, demands, and damages (actual and consequential, direct and indirect) of every kind and nature that may arise out of or in any way are connected with a dispute between you and a third party.

Witness Systems Information
This Website may contain "forward-looking statements" within the meaning of U.S. securities laws. Words and expressions such as "we believe," "should result," "will expect," "intend," "estimate," "anticipate," "project," and similar phrases identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Witness Systems' historical experience and our present expectations or projections.
These risks include, but are not limited to, our ability to finance expansion plans, share repurchase programs and general operating activities, our ability to attract, train and retain highly-qualified employees, the impact of competition, interest rate and currency fluctuations, changes in economic and political conditions, our ability to grow our market share in developing and emerging markets, the effectiveness of our advertising and marketing programs, and regulatory and litigation matters. You should not place undue reliance on forward-looking statements, since such statements speak only as of the date they are made. Witness Systems undertakes no obligation to publicly update or revise any forward-looking statements. Additional information concerning the risks and uncertainties listed above and other factors you may wish to consider are provided in our current Annual Report on Form 10-K filed with the Securities and Exchange Commission.

Witness Systems also may make employment information available through this Site. Witness Systems is an equal opportunity employer. Witness Systems provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Witness Systems' policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.

Warranty Disclaimer
ALL CONTENT ON THIS WEBSITE, REGARDLESS OF FORM, IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NONINFRINGEMENT. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WITNESS SYSTEMS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR BROWSING ON THIS WEBSITE, OR YOUR DOWNLOADING OF ANY CONTENT, INCLUDING DATA, TEXT, IMAGES, VIDEO, OR AUDIO, FROM THIS WEBSITE.

Limitation of Liability Disclaimer
YOU AGREE THAT OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE THAT YOU MAY SUFFER, OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF WITNESS SYSTEMS AND ITS AFFILIATES, AND OUR EMPLOYEES AND AGENTS, TO ANY USER WITH RESPECT TO THIS WEBSITE AND THE CONTENT IS ONE HUNDRED DOLLARS ($100.00). WITNESS SYSTEMS AND ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE AND/OR ITS CONTENT SHALL NOT BE LIABLE TO ANY THIRD PARTY IN ANY MANNER OR FORM, OR TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, BROWSING ON, OR LINKING TO OR FROM THIS WEBSITE, OR YOUR USE OF THE CONTENT, REGARDLESS OF THE FORM OF ACTION. THIS DISCLAIMER APPLIES TO ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ERRORS IN OR FAILURE OF PERFORMANCE, DELETION OR DEFECT, INTERRUPTION OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

No Confidentiality
Any communications or material you transmit to this Website or to Witness Systems by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as nonconfidential and nonproprietary. Anything you transmit or post is at risk of becoming public property or property of Witness Systems, and such information may be used for any purpose including reproduction, disclosure, transmission, publication, broadcasting, and posting. Witness Systems is free to use any ideas, concepts, know how, or any techniques contained in any communication sent to this Website or separately to Witness Systems in any manner whatsoever, unless a separate agreement between you and Witness Systems provides otherwise.

Governing Law and Jurisdiction
Witness Systems is headquartered in Atlanta, GA, and this Use Agreement is governed by the substantive laws of the State of Georgia without regard to its principles on conflicts of laws, or U.S. federal law. Any disputes arising out of or in connection with this Website shall be resolved in a state or federal court in Fulton County, State of Georgia. You agree that venue in these courts is proper, and agree to submit to their jurisdiction over any such dispute. The United Nations Convention on Contracts for the International Sale of Goods shall not apply hereto in any respect. If in Witness' judgment you breach or threaten to breach any your obligations or responsibilities, which breach jeopardizes Witness' Proprietary Information, in addition to any other remedies it may have at law or in equity, Witness shall be entitled to seek a restraining order, injunction, or other similar remedy without any requirement to post bond as a condition of such relief.

General Conditions
This Use Agreement is the entire agreement between us concerning the subject matter hereof, supersedes any other agreement or discussions, oral or written, and may not be changed except by a written signed agreement. If any provision of this Use Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the other provisions shall remain in full force and effect, and this Use Agreement shall be deemed amended, to the extent legally permitted, to replace the invalid, illegal, or unenforceable provision. The failure of Witness Systems to enforce any provision in this Use Agreement in a timely manner shall not be considered a waiver of any of its rights hereunder. Witness Systems may assign this Use Agreement in whole or in part at any time without your consent. You may not assign this Use Agreement or delegate any of your obligations under this Use Agreement. Any purported assignment of this Use Agreement in violation of its terms is void. The representations, warranties, covenants, and agreements made by you under the Use Agreement shall survive and remain in effect even after your termination of this Use Agreement or your discontinuation of use of this Website.

Witness Systems, Inc.
300 Colonial Center Parkway
Roswell, GA 30076 USA
770.754.1900
http://www.witness.com