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General Guidelines for Marking Proprietary Information and Intellectual Property

Abstract: These guidelines set forth marking procedures for safeguarding Verint’s Proprietary Information and Intellectual Property, including markings for confidentiality, copyright, patents, trademarks, open source and EULAs.

Last Updated June 2013


For Verint Internal Use Only

This document contains proprietary and confidential information of Verint Systems Inc. and may not be distributed outside of Verint.

Overview

The purpose of these guidelines is to set forth marking procedures for safeguarding Verint’s Proprietary Information and Intellectual Property. These are guidelines only and there may be instances where exceptions or more strict procedures will be required. If you are unsure about the correct legend to use for a particular document or in a particular instance, please discuss with your manager and then contact the Legal Department, if necessary. Please note that Marketing or the product documentation team has already incorporated the appropriate legends from the charts below into its pre-fabricated templates. These templates should not be changed by users without first checking with corporate Marketing or the owners of these document templates.

The charts below contain numerous references to “confidential” and “proprietary” information. There is no simple way to define in the abstract exactly what information is confidential or proprietary and what is not. Each employee will need to use good judgment and common sense in each instance in applying the guidelines below. See the Verint Proprietary Information and Intellectual Property Policy for additional guidance.

In general, anything we would not want a competitor or the public to know should be considered confidential.
In general, any information we have created that we believe has substantial value should be considered proprietary.

When in doubt, construe the above broadly, assume all Verint information is proprietary or confidential and contact the Legal Department for guidance. By way of example, the following items are likely to be either confidential, proprietary, or both: software code, product roadmaps, inventions, detailed technical specifications, drawings and designs, strategies, financial and pricing information, lists/contact information for customers, partners and employees, competitive analyses, and company business plans and policies. Also see the Verint Code of Conduct for additional guidance.

Please note that just because something is confidential (such as pricing information), does not mean it cannot be shared outside of Verint. It merely means that we must make efforts to restrict who — both inside and outside of Verint — has access to it.

In addition to ensuring the proper confidentiality legends are incorporated into documents, the party receiving our confidential materials must sign an agreement obligating that party to retain our information in confidence (and to not further disclose to other parties). Form agreements are available from the Legal Department. In the event a party requests we sign their form agreement, Legal Department review is required prior to signature by Verint Systems.

Patents and Trademarks

Visit our website at www.verint.com/intellectualpropertynotice> for updated information on Verint patents and trademarks.

Open Source

Visit our website at www.verint.com/thirdpartylicense> for open source documentation and attribution.

Marking Guidelines & Charts

Verint has made an extensive investment in the development of its products, brand, and market reputation. It is vital that we continue to protect this investment, including our Intellectual Property rights and our right to assert claims against others. This requires us to clearly mark products and related materials with the appropriate copyright, trademark, and patent language. Every manager is responsible for implementing Verint’s Proprietary Information and Intellectual Property Policy, ensuring compliancy with the Policy, and initiating corrective action, as needed.

Note: To protect our Intellectual Property rights and have the right to assert claims against others, the various laws and treaties governing protection require products and related materials be clearly marked with appropriate copyright, trademark and patent language. For example, timely and properly marking patented articles serves to preclude “innocent” infringement by putting the world on “constructive notice” of the patent.

General Copyright and Confidentiality

Type of Information or Document

Marking or Legend to be Used

Preferred Location of Marking or Legend

Any document which contains confidential or proprietary information (such as presentations for restricted audiences)

If you are unsure whether a document contains confidential or proprietary information, please consult your manager.
NOTE: This requirement applies to all quotes, order documents, and any pricing or other tools Verint provides to third parties.

If space is not an issue:
© #### Verint Systems Inc. All Rights Reserved Worldwide.
CONFIDENTIAL AND PROPRIETARY INFORMATION OF VERINT SYSTEMS INC.
The contents of this material are confidential and proprietary to Verint Systems Inc. and may not be reproduced, published, or disclosed to others without express authorization of Verint Systems Inc.

If space is an issue:
© #### Verint Systems Inc. All Rights Reserved Worldwide.
CONFIDENTIAL AND PROPRIETARY INFORMATION OF VERINT SYSTEMS INC.

If only a single line is available:
CONFIDENTIAL AND PROPRIETARY INFORMATION OF VERINT SYSTEMS INC.

Top or bottom of each page

Any document which does NOT contain confidential or proprietary information (such as presentations for public audiences)

© #### Verint Systems Inc. All Rights Reserved Worldwide.

Top or bottom of each page.

Media and Brochures

Type of Information or Document

Marking or Legend to be Used

Preferred Location of Marking or Legend

CD/DVD labels

© #### Verint Systems Inc. All Rights Reserved Worldwide.
Confidential and Proprietary Information of Verint Systems Inc.

Brochures or other professionally printed documents for public use; white papers or technical marketing documents that do not contain confidential information

Unauthorized use, duplication, or modification of this document in whole or in part without the written consent of Verint Systems Inc. is strictly prohibited.
By providing this document, Verint Systems Inc. is not making any representations regarding the correctness or completeness of its contents and reserves the right to alter this document at any time without notice.
Features listed in this document are subject to change. Please contact Verint for current product features and specifications.
All marks referenced herein with the ® or TM symbol are registered trademarks or trademarks of Verint Systems Inc. or its subsidiaries. All rights reserved. All other marks are trademarks of their respective owners.
© #### Verint Systems Inc. All Rights Reserved Worldwide.

Bottom of the cover page, inside front cover, or back page. Other locations are also acceptable, if necessary.

VIDEOS

Unauthorized use, duplication, or modification of this media in whole or in part without the written consent of Verint Systems Inc. is strictly prohibited.
By providing this media, Verint Systems Inc. is not making any representations regarding the correctness or completeness of its contents and reserves the right to alter this media at any time without notice.
Features listed in this media are subject to change. Please contact Verint for current product features and specifications.
All marks referenced herein with the ® or TM symbol are registered trademarks or trademarks of Verint Systems Inc. or its subsidiaries. All rights reserved. All other marks are trademarks of their respective owners.
© #### Verint Systems Inc. All Rights Reserved Worldwide.

Last frame. Use discretion on font size so that the notice is readable

Product Packaging

Type of Information or Document

Marking or Legend to be Used

Preferred Location of Marking or Legend

Products and product packaging (other than CD/DVD labels)

© #### Verint Systems Inc. All Rights Reserved Worldwide.
Confidential and Proprietary Information of Verint Systems Inc.
The Verint Systems Inc. products are protected by one or more U.S., European or International Patents and other U.S. and International Patents and Patents Pending.
All marks referenced herein with the ® or TM symbol are registered trademarks or trademarks of Verint Systems Inc. or its subsidiaries. All rights reserved. All other marks are trademarks of their respective owners.
Please visit our website at www.verint.com/intellectualpropertynotice> for updated information on Verint Intellectual Property.

 

For hardware:on the product itself and on box or wrapper

For software:in the “About” box and/or in drop-down menu or a splash screen

Product and Technical Documents

Type of Information or Document

Marking or Legend to be Used

Preferred Location of Marking or Legend

Product documents or technical documents containing confidential or proprietary information; SOWs; responses to RFPs/RFQs

© #### Verint Systems Inc. All Rights Reserved Worldwide.
Confidential and Proprietary Information of Verint Systems Inc.
All materials (regardless of form and including, without limitation, software applications, documentation, and any other information relating to Verint Systems, its products or services) are the exclusive property of Verint Systems Inc. Only expressly authorized individuals under obligations of confidentiality are permitted to review materials in this document. By reviewing these materials, you agree to not disclose these materials to any third party unless expressly authorized by Verint Systems, and to protect the materials as confidential and trade secret information. Any unauthorized review, retransmission, dissemination or other use of these materials is strictly prohibited. If you are not authorized to review these materials, please return these materials (and any copies) from where they were obtained. All materials found herein are provided “AS IS” and without warranty of any kind.
The Verint Systems Inc. products are protected by one or more U.S., European or International Patents and other U.S. and International Patents and Patents Pending.
All marks referenced herein with the ® or TM symbol are registered trademarks or trademarks of Verint Systems Inc. or its subsidiaries. All rights reserved. All other marks are trademarks of their respective owners.
Please visit our website at www.verint.com/intellectualpropertynotice> for updated information on Verint Intellectual Property.

Inside cover or second page of document; if necessary, the last page of the document

In addition, use either the long or short confidentiality legend above at the top or bottom of each page.

Type of Information or Document

Marking or Legend to be Used

Preferred Location of Marking or Legend

Product documents or technical documents containing no confidential or proprietary information.

(e.g., Product documentations published on the Verint public website)

© #### Verint Systems Inc. All Rights Reserved Worldwide.
Unauthorized use, duplication, or modification of this document in whole or in part without the written consent of Verint Systems Inc. is strictly prohibited. By providing this document, Verint Systems Inc. is not making any representations regarding the correctness or completeness of its contents and reserves the right to alter this document at any time without notice. Features listed in this document are subject to change.
Verint Systems Inc. does not warrant, guarantee or make any representation regarding the use or the results of the use of the information, links, tools, and materials in terms of the accuracy, reliability, quality, validity, stability, completeness, currentness, or otherwise of its content or products.  The entire risk as to the use, results and performance of information, links, tools and materials provided or referenced herein is assumed by the user.  Verint Systems Inc. shall not be liable for damages resulting from the use, misuse or unlawful use of the information, links, tools, and materials contained or referenced herein.
The Verint Systems Inc. products are protected by one or more U.S., European or International Patents and other U.S. and International Patents and Patents Pending.
All marks referenced herein with the ® or TM symbol are registered trademarks or trademarks of Verint Systems Inc. or its subsidiaries. All rights reserved. All other marks are trademarks of their respective owners.
Please visit our website at www.verint.com/intellectualpropertynotice> for updated information on Verint Intellectual Property.

Inside cover or second page of document; if necessary, the last page of the document

User Guides and Documentation

Type of Information or Document

Marking or Legend to be Used

Preferred Location of Marking or Legend

Product User Guides And Documentation

© #### Verint Systems Inc. All Rights Reserved Worldwide.
Confidential and Proprietary Information of Verint Systems Inc.
All materials (regardless of form and including, without limitation, software applications, documentation, and any other information relating to Verint Systems, its products or services) are the exclusive property of Verint Systems Inc. Only expressly authorized individuals under obligations of confidentiality are permitted to review materials in this document. By reviewing these materials, you agree to not disclose these materials to any third party unless expressly authorized by Verint Systems, and to protect the materials as confidential and trade secret information. Any unauthorized review, retransmission, dissemination or other use of these materials is strictly prohibited. If you are not authorized to review these materials, please return these materials (and any copies) from where they were obtained. All materials found herein are provided “AS IS” and without warranty of any kind.
Verint Systems Inc. does not warrant, guarantee or make any representation regarding the use or the results of the use of the information, links, tools, and materials in terms of the accuracy, reliability, quality, validity, stability, completeness, currentness, or otherwise of its content or products.  The entire risk as to the use, results and performance of information, links, tools and materials provided or referenced herein is assumed by the user.  Verint Systems Inc. shall not be liable for damages resulting from the use, misuse or unlawful use of the information, links, tools, and materials contained or referenced herein.
Any third party technology that may be appropriate or necessary for use with the Verint Product is licensed to you only for use with the Verint Product under the terms of the third party license agreement specified in the Documentation, the Software or as provided online at http://verint.com/thirdpartylicense>. You may not take any action that would separate the third party technology from the Verint Product. Unless otherwise permitted under the terms of the third party license agreement, you agree to only use the third party technology in conjunction with the Verint Product.
The Verint Systems Inc. products are protected by one or more U.S., European or International Patents and other U.S. and International Patents and Patents Pending.
All marks referenced herein with the ® or TM symbol are registered trademarks or trademarks of Verint Systems Inc. or its subsidiaries. All rights reserved. All other marks are trademarks of their respective owners.
Please visit our website at www.verint.com/intellectualpropertynotice> for updated information on Verint Intellectual Property.

Inside cover or second page of document; if necessary, the last page of the document

In addition, use either the long or short confidentiality legend above at the top or bottom of each page.

Note that the “####” in the text in each line of the tables above should be replaced with the year in which the document or item in question was first published/released by Verint. You can also use a range of years, for example “© 2003-2013”, for documents that are continually updated.
WORD/Symbol © - the word “Copyright” or the letter “c” in a circle ( © ) can be used interchangeably.
EXAMPLES:
© 2013 Verint Systems Inc.
or
Copyright 2013 Verint Systems Inc.

Note that the use of parentheses) with the letter c is not proper notice.

Enhanced Copyright Notice

In addition to the basic copyright notice recited above, it is advisable to add some warning language to the notice. For example, the words “All Rights Reserved Worldwide” are commonly place next to a copyright notice. Explanatory statements are sometimes used, space permitting, to further educate the public about the copyright claimed in a particular work. For example, a notice might contain language such as “This [insert type of work] may not be reproduced in whole or in part without the express written consent of Verint Systems Inc.”

EXAMPLES:

© 2013 Verint Systems Inc. All Rights Reserved Worldwide.

© 2013 Verint Systems Inc. All Rights Reserved Worldwide. This material may not be reproduced in whole or in part without the express written consent of Verint Systems Inc.

Trademark Use and Marking

Use of mark as an adjective and not as a noun. A trademark should be used as an adjective – for example, the Impact 360® brand WFO. Therefore, avoid using a trademark in plural or possessive form.

Distinguish the mark. A mark should be distinguished from other text. Some ways of distinguishing a mark are to:

Trademark Notice

Registered marks should be identified by a circled “R” (“®”), or the abbreviation “Reg. U.S. Pat & TM Off.” This form of notice should be used only for marks for which a Certificate of Registration has been issued by the U.S. Patent and Trademark Office. Having an application on file, or having obtained a Notice of Allowance, does not authorize use of this form of notice.

Improper use of trademark notices, if inadvertent or ignorant, may be excused, but, particularly in the case of willful misuse, improper use could give rise to charges of fraud and may prevent or jeopardize registration of the trademark.

The notice of registration must be used only with respect to goods or services covered by the registrations. A mark may be registered with respect to some products or services but not others.

It is important that the circled “R” notice be used at least once on each product or in each advertisement or item of promotional materials that bear a registered mark. Without regular use of this form of notice, remedies for trademark infringement may be limited.

“™” and “SM” are informal methods of identifying claims to trademark and service mark ownership. They have no definite legal effect, but they are often useful in putting others on notice of one's trademark claims. (One does not need to register a mark in order to own it or to sue for infringement of it.) These informal notices assist in the enforcement of unregistered marks because they may establish that an infringement defendant had reason to know of a trademark owner's claims; they are also particularly useful for highlighting trademark claims to words that might be considered merely descriptive.

Informal notices should be used with care: any marks to which the notices are applied should be searched thoroughly for availability. Putting a “™”or “SM” on one's own use of a mark owned by others may aggravate liability for trademark infringement.

There is no requirement that “™” or “SM” be used on unregistered marks and (unlike the notice for registered marks) there is no particular penalty, such as diminished remedies, for failure to use informal notices. However, it is the policy of Verint to use informal notices at least once in connection with each brand name on each product, advertisement, or item of promotional materials.

In the case of highly descriptive marks, or marks in danger of becoming generic, it may be important to use “™” and “SM” with every use of a mark.

Third Party Marks

There are no hard and fast rules regarding references to marks of other companies in connection with products, services, or promotional materials. The general obligation is to avoid any likelihood of confusion between your company and any other company with respect to either company's goods, services, or commercial activities. No special language or fine-print disclaimer can immunize a company from trademark infringement liability if the overall context of the use of another's trademarks creates a likelihood of confusion.

There is no standard or required method for identifying trademarks of other companies on products and in promotional materials. Nevertheless, there is a convention of identifying trademarks of others and of distinguishing trademarks of Verint from other trademarks used in its materials.

A suggested method for distinguishing between trademarks of Verint and other trademarks is as follows: “X, Y, and Z are trademarks or registered trademarks of Verint Systems Inc. or its subsidiaries; all other product names may be trademarks of the companies with which they are associated.” Unless imposed by trademark licenses or other agreements, there is no obligation to use a circled "R" notice of registration or informal trademark notices with respect to trademarks of other companies.

See the Verint Trademark Guide for additional guidance.

Open Source Attribution

At a minimum, most free or open source software (FOSS) licenses include a requirement that a licensee redistributing the licensed code, or a modified version of the code, provide a basic copyright notice stating acknowledging the identity of the original creator. These attribution and notice requirements vary widely among licenses. Many licenses also include specific requirements as to how notice of the license is to be given. For example, some FOSS licenses include a requirement that each contributor provide notice of modifications made by that contributor to each version of the licensed software (e.g., GPL, LGPL, Apache, MPL, CDDL, Perl, AFL and OSL). In contrast, the CPL, BSD, MIT and EPL licenses do not include a requirement that licensees who modify code provide notice of their changes but nevertheless, these licenses still require some form of notices. See the Verint Free or Open Source Software Policy for additional guidance.

About or Help Menu Open Source Notice

A general FOSS notice should be provided in the About or Help menu of the product and will provide notice to the end user that certain components of the licensed software may contain FOSS and that, upon request, the licensor/Verint can provide the licensee with a list of the FOSS components. It should also make clear that licenses granted by such FOSS components are no less broad than the license granted to the licensee by the licensor. To ensure that we at least meet the minimum attribution requirement, all Verint products with FOSS shall bear the following notice:

Certain components of this Software or software contained in this Product (collectively, “Software”) may be covered by so-called “free or open source” software licenses (“Open Source Components”), which includes any software licenses approved as open source licenses by the Open Source Initiative or any similar licenses, including without limitation any license that, as a condition of distribution of the Open Source Components licensed, requires that the distributor make the Open Source Components available in source code format. Upon your request, Verint will provide you with a list of Open Source Components for a particular version of this Software. A signed agreement between you and Verint provides you with all rights necessary to use the licensed Software, including the Open Source Components with the Verint Software, where licenses granted by such Open Source Components are no less broad than the license granted to you by Verint. Any use of the Open Source Components outside the scope of Verint's license grant may subject you to additional obligations under the Open Source Components license terms as a 'distributor' (or similar party). Such additional use is wholly at your own risk, and Verint takes no responsibility with respect to your compliance with those obligations. To the extent the terms of the license grant provided to you in your signed agreement with Verint provide more restrictions on the Open Source Components than the open source license terms, the terms of the open source license shall apply to your use of those Open Source Components.

Any third party technology that may be appropriate or necessary for use with the Verint Product is licensed to you only for use with the Verint Product under the terms of the third party license agreement specified in the Documentation, the Software or as provided online at http://verint.com/thirdpartylicense. You may not take any action that would separate the third party technology from the Verint Product. Unless otherwise permitted under

the terms of the third party license agreement, you agree to only use the third party technology in conjunction with the Verint Product.

Open Source User Documentation

In addition to the Open Source Notice in the Help or About menu of the Verint software, an attribution document should be created for each product to include the following information as attribution information: (a) Name of the Component; (b) a copyright notice including the name of the Original Developer/Foundation; and (c) a URL to the license.

As a guide, use the following format and legal notice for the attribution document:

Certain components of this Software or software contained in this Product (collectively, “Software”) may be covered by so-called “free or open source” software licenses (“Open Source Components”), which includes any software licenses approved as open source licenses by the Open Source Initiative or any similar licenses, including without limitation any license that, as a condition of distribution of the Open Source Components licensed, requires that the distributor make the Open Source Components available in source code format. A license in each Open Source Component is provided to you in accordance with the specific license terms specified in their respective license terms. EXCEPT WITH REGARD TO ANY WARRANTIES OR OTHER RIGHTS AND OBLIGATIONS EXPRESSLY PROVIDED DIRECTLY TO YOU FROM VERINT, ALL OPEN SOURCE COMPONENTS ARE PROVIDED "AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
Any third party technology that may be appropriate or necessary for use with the Verint Product is licensed to you only for use with the Verint Product under the terms of the third party license agreement specified in the Documentation, the Software or as provided online at http://verint.com/thirdpartylicense. You may not take any action that would separate the third party technology from the Verint Product. Unless otherwise permitted under the terms of the third party license agreement, you agree to only use the third party technology in conjunction with the Verint Product.

The following Open Source Components may be included with this Software, with ownership in those components as indicated below:

[Name of Component. Copyright Date. Name of Author/Foundation. All rights reserved. A copy of the license can be obtained at [website].]

Lastly and separately, create a separate document containing the license terms for all FOSS component. It is recommended that each GBL create a MASTER document containing all licenses of FOSS used within the products for their respective GBL. If a master license terms document has already been created, ensure that new FOSS license terms are included. Visit the third party license page to view samples of implementation .

Legal Notices in Products

This section provides a high level description of the requirements for legal notices in Verint products. Details of each notice are provided in the sections referenced here. Requirements for artifacts associated with the product such as product packaging, technical documents, and marketing materials are described in separate sections above.

Verint products must contain legal notices:

The installation process requires a ‘click-wrap’ End-User License and Subscription Agreement (commonly referred to as EULA). The text and requirements for presenting are described in the End-User License and Subscription Agreementsection of this document.

The product’s user interface requires:

End-User License, Terms of Use and Subscription Agreement

Shrink-wrap licenses derive their name from the practice of containing them on a shrink-wrap package that also contains the software and documentation. Click-wrap licenses are similar to the shrink-wrap licenses except that they are viewed online or when the software is downloaded. End-user license agreement (EULA) can mean both and are usually included or accepted during installation (e.g., in the install shield) of the software. Access or subscription licenses generally refer to SaaS software offerings. That said, the following EULA & Subscription Agreement is drafted to cover all four, including on-premise and SaaS deployments.
The following agreement should be included with the software and/or in the distribution of software and its documentation, including one or more of the following implementation:

REQUIRED: If there is an installation process/shield, EULA acceptance is required before commencing installation.

For SAS or Portals, the agreement should be viewable before login, after login and during account creation, including ALL of the following implementations:

PRACTICE NOTE:

The EULA should have a strategically placed "I Agree" (or equivalent) button gating accessto the product. Requiring users to acknowledge reading license terms (even if they do not actually read them) enhances the likelihood of proving that our license is not a contract of adhesion. Care should also be taken, however, to ensure that the acknowledgement button is placed in such a way so as to avoid hiding important license terms. For example, users must scroll down to the end of the EULA before “I Agree” can be checked or activated.