PLEASE READ THE TERMS OF USE BELOW |
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Last Updated: January 2009
These Terms of Use (the "TOU") state the terms and conditions under which Ericom Software Ltd. and its affiliates (collectively, "Ericom," "our" or "us") provide you ("you," or "your") access to Ericom.com (together with any sub-domains thereto and future sites operated by Ericom, the "Site," which defined term includes the Software (as defined below)). BY ACCESSING, BROWSING, OR USING THE SITE (AS DEFINED BELOW), YOU ARE DEEMED TO ACCEPT THE TOU, AS WELL AS OUR PRIVACY POLICY (each of which is incorporated herein by reference), AS A BINDING AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TOU OR THE PRIVACY POLICY PLEASE DO NOT ACCESS OR USE THE SITE OR ANY SOFTWARE. YOUR USE OF THE SITE AND INFORMATION PROVIDED THEREIN MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
1. Description Of The SiteAll materials provided on this Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services are provided either by Ericom or by third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Ericom and/or its Third Party Providers. Unless explicitly stated otherwise, any modifications, updates, new features, or enhancements to the current Site are also subject to the TOU.2. Acceptance Of Terms; Changes To TouEricom provides the Site to you subject to the following TOU, which may be updated by us from time to time in our sole discretion. Each time changes are made to the TOU, a revised TOU will be posted on the Site. Your continued use of the Site, or any part thereof, following the posting of changes constitutes your acceptance of such changes. If you do not wish to be bound by the TOU, you should discontinue your use of the Site.3. Your License To Use The SiteEricom grants you a personal, non-exclusive, non-transferable, revocable license to use the Site. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Site, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Ericom and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.Except as otherwise expressly permitted in this TOU, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code, except as otherwise permitted by applicable law; or (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Site. You may not access the Site by any means other than through the interface that is provided by Ericom. Furthermore, you may not use the Site in any manner that could damage, disable, overburden, or impair the Site, nor may you use the Site in any manner that could interfere with any other party's use and enjoyment of the Site. All commercial and/or unauthorized use of the Site is strictly prohibited. The Site remains at all times the sole property of Ericom or Third Party Providers. All rights in the Site not expressly granted to you by Ericom under the TOU are retained by Ericom. 4. Software Use RestrictionsAny software that may be made available to download from this Site ("Software") is Ericom's copyrighted work. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.Any Software that is downloaded from the 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 ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs ©(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable. 5. Privacy Policy; SubmissionsEricom protects your personally identifiable data as set forth in Ericom's privacy policy (the "Privacy Policy"). The Privacy Policy explains our collection and use of personally identifiable information. We encourage you to review our Privacy Policy before you use the Site.Except where expressly provided otherwise by Ericom, all comments, feedback, information or materials submitted to Ericom through or in association with the Site ("Submissions") shall be considered non-confidential and Ericom's property. By providing such Submissions to Ericom, you agree to assign to Ericom, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Ericom shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Ericom, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. 6. Modifications To The SiteEricom reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Ericom shall not be liable to you or to any third party for any such modification, suspension or discontinuance.7. Dealings With Third Party VendorsYour correspondence or business dealings with, or participation in promotions of, third party vendors found on or through the Site, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate third party vendor. You agree that Ericom shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party vendors on the Site.8. LinksThis policy only addresses the Site. The Site may provide, or third parties may provide, links to other World Wide Web sites. Because Ericom has no control over such sites, you acknowledge and agree that Ericom is not responsible for the availability of such external sites and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You should not attribute any views or information on such sites to Ericom. You further acknowledge and agree that Ericom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You should follow the link to the terms of use on the appropriate page for such sites to determine which company's terms of use governs such sites.Anyone linking to the Site must comply with the following guidelines and all applicable laws: A site that links to the Site (i) may link to but not replicate any of the Site's content; (ii) should not imply that Ericom is endorsing it or its products; (iii) should not misrepresent its relationship with Ericom; (iv) should not present false information about Ericom; (v) should not use any Ericom trademarks, trade names, or logos without permission from Ericom; and (vi) should not contain content that is reasonably considered profanity, defamatory, vulgar, or otherwise unlawful. 9. DisclaimerWE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE SITE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. ERICOM, AND ITS THIRD PARTY PROVIDERS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT.EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, ERICOM AND THIRD PARTY PROVIDERS MAKE NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED. NEITHER WE, NOR OUR LICENSORS OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE SITE. THE SITE MAY BE INCOMPLETE OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO A PORTION OF THE FOREGOING MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO THE MINIMUM PERIOD PERMISSIBLE UNDER APPLICABLE LAW. 10. Limitation Of LiabilityNEITHER ERICOM NOR THE THIRD PARTY PROVIDERS NOR ANYONE ELSE CONNECTED WITH THE SITE IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE SITE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR THE THIRD PARTY PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. ERICOM SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE SITE AND/OR ANY MATERIAL LINKED THROUGH THE SITE. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, UNDER NO CIRCUMSTANCES WILL ERICOM'S DIRECT LIABILITY ARISING OUT OF USE OF THE SITE OR THE SOFTWARE EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID ERICOM FOR SUCH USE OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU. 11. IndemnificationYou agree to indemnify and hold Ericom, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys' fees and costs of litigation, arising from (i) your use of or reliance on the Site, (ii) your connection to the Site, (iii) your violation of the TOU, or (iv) your violation of any rights of another party.12. Intellectual Property InformationThe Ericom® and PowerTerm® trademarks registered trademarks of Ericom. Additionally, other Ericom names, trademarks and logos are trademarks of Ericom. Without our written prior permission you agree not to display, or use in any manner, the Ericom marks. The trademarks, logos, and service marks not owned on behalf of Ericom and that are displayed on the Site are the registered or unregistered marks of their respective owners. No rights are granted by Ericom to use such marks, whether by implication, estoppels, or otherwise.Ericom respects the intellectual property rights of others. Ericom may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others. 13. Choice Of Law And ForumThe TOU and the relationship between you and Ericom shall be governed by the laws of the State of New Jersey, U.S.A. without regard to its conflict of law provisions. You and Ericom agree to submit to the personal and exclusive jurisdiction and forum convenience of the federal and state courts located in Newark, New Jersey.14. Severability; English LanguageIf any provision in the TOU should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the TOU if no such modification is possible, and the other provisions of the TOU shall remain in full force and effect. The controlling language of the TOU is English. If you have received a translation into another language, it has been provided for your convenience only.15. HeadingsThe headings to the sections of the TOU are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TOU.16. Location outside the U.S.If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the TOU enforceable.17. Entire AgreementThe TOU constitute the entire agreement between you and Ericom and govern your use of the Site, superseding any prior agreements between you and Ericom. Please note, however, that use of the Software is governed by the terms of the License Agreement. The License Agreement is in addition to the general terms and conditions in the TOU. If there is any conflict between the TOU and the License Agreement, the License Agreement will govern with respect to that particular software product.If you have any questions about the TOU, or if you would like request permission to use any copyrighted or trademarked materials from the Site, please contact the Ericom Manager of Legal Affairs at +1 (201) 767-2210 Top Close Window |