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Packet Video Network Solutions, Inc. (“PVNS”) is providing this web site including any of its portals and web pages (collectively this “Site”) subject to the present Terms of Use (the “Terms of Use”). By accessing and using this Site or any part of it, you acknowledge that you and your organization have read and agree to abide by the Terms of Use. If you and/or your organization do not agree to the Terms of Use, please do not use this Site.
Limited authorization to access and use this Site
General notice : PVNS authorizes you to download, view, copy and print information and documents published by PVNS on this Site (the “Information”) solely for private use or for non-commercial use within your organization (or if you are a PVNS Partner or Reseller, your customer's organization) and solely for the purpose of supporting PVNS' products and services. In consideration of this authorization, you agree that any download, copy, print and use of the Information which you make shall retain all copyright and other proprietary notices in the same form and manner as in the original.
For the avoidance of doubt, “Information” does not include the design or layout of this Site or any part of it. Furthermore, you are not allowed to use PVNS and/or Alcatel-Lucent respective trademark and logo except (a) to refer to the associated PVNS or Alcatel-Lucent products or services and (b) to the extent necessary to retain PVNS or Alcatel-Lucent copyright and proprietary notices as per provided above. Any other use of PVNS and/or Alcatel-Lucent trademarks and logos are subject to PVNS prior written authorization.
No other use of the Information is authorized unless with prior written authorization from PVNS. Under no circumstances, shall your access to and use of this Site damage, disable, overburden or impair any PVNS server or any network connected to PVNS server. You may not attempt to gain unauthorized access to part of this Site or to other users’ account, computer systems or networks connected to PVNS server such as without limitation trough hacking or password mining.
Partners, customers, suppliers and associates of PVNS, that in cooperation with PVNS may publish their own proprietary material on this Site, retain full legal and copyright ownership of their own respective information.
Specific notice applicable to Software : Any software that could be made available to download within this Site (the “Software”) is the copyrighted work of PVNS and/or its suppliers. Use of the Software is governed by the terms of a software license agreement to be entered into between you and PVNS as per PVNS standard Software License Agreement (the “License Agreement”). The License Agreement accompanies or is included with the Software. You must read the License Agreement and confirm your agreement to its term prior to installing and/or using the Software.
Restricted Rights Legend : Use, copy or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
Export Control restrictions : You may not access, download, use or export the Information (including the Software) in violation of the United States export laws or regulations, or in violation of any other applicable laws or regulations with respect to export or import control. You and your organization agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Information and/or the Software in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, you and/or your organization shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to the use of the Information outside the territory of the United States. The Information (including the Software) may not be downloaded or otherwise provided or made available, either directly or indirectly, (a) to any country subject to the United States trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to person listed by the United State Treasury Department as “Specially Designated Nationals and Blocked Persons” or by the United States Commerce Department's in its “Table of Denial Orders”. By agreeing to the Terms of Use, you represent and warrant that you and your organization (if applicable) are not (i) located in, under the control of, or a national or resident of any such country or (ii) a person on any such list.
Forums
Scope of the Forums : This Site may contain access to and use of forums and/or other message or communication facilities such as but not limited to e-mail function, bulletin board services, blogs, discussion groups, chat area, news group which are designed to enable you to communicate with PVNS and/or other users of this Site (collectively the “Forums”).
To the extent technically allowed by this Site, you agree to use the Forums only to upload, post, send and receive messages (including feedback and suggestion), files, document, graphics, image and other content or materials (collectively the “Materials”) that are related to the scope of such Forums.
You shall use the Forums exclusively in a non-commercial manner.
Unauthorized use : You shall not publish any Material including a promotion, advertising, solicitation to sell or purchase goods or services, to join or become members of any commercial online or offline organization or service, or more generally to use directly or indirectly the Forums for any other commercial matter.
Moreover, when uploading, e-mailing, posting, publishing or otherwise communicating through any Forum, you agree in particular that you will not in whatever manner or form, directly or indirectly :
(a) use such Forum in connection with or for the purpose of surveys, contests, solicitation of funds, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages;
(b) upload Materials that contain viruses, Trojan horses, time bombs, corrupted files or any other equivalent software or programs that may damage the operation of this Site (or any part of it) or another’s (including PVNS) computer or property;
(c) defame, abuse, harass, invade, threaten or otherwise violate the legal rights of other;
(d) transmit or facilitate the transmission, distribution or dissemination of any Material which is (i) false or misleading, (ii) promoting bigotry, racism, hatred or harm against any group or individual, (iii) obscene or indecent;
(e) infringe another’s rights such as, but not limited to, intellectual property rights; or
(f) more generally, violate any applicable laws, regulations or code of conduct.
Collection of information about others that are contained in the Forums (including e-mail addresses) is strictly prohibited. In addition, you shall not restrict or inhibit any other user of this Site from accessing and using the Forums.
Material removal : PVNS has no obligation to monitor the Forums. However, PVNS reserves the right to review any Material uploaded, posted or sent by Forums’ users and to remove any of such Material in PVNS’ sole discretion.
Rights granted to PVNS on users Materials : PVNS does not claim title to or ownership of the Materials. However, by uploading, posting, sending or otherwise transmitting any Material to any Forum or submitting any Material to PVNS :
(a) you (and/or your organization) grant PVNS, its affiliated companies and any sub-licensees elected by PVNS or its affiliated company a perpetual, worldwide, royalty/compensation free, irrevocable, nonexclusive right and license to use, copy, reproduce, publicly display or perform, modify, adapt and/or reformat, translate, publish, transmit and distribute such Material (or any part of it) in any form, medium, or technology now known or later developed with the right to sublicense any or all of such rights. In addition, at PVNS’, its affiliated companies’ or sub-licensees’ option, you agree to have your name published in connection with your Material or you agree to waive such right.
(b) you warrant and represent that you (and/or your organization) own, control or have all the necessary rights to the Materials including but not limited to the rights necessary to upload, post, send or otherwise transmit the Materials and to grant licenses and sublicenses as per the provisions above.
Password and User’s account
Access to certain parts of this Site may be subject to opening of a user account and/or use of a user name and password. In such case, you must comply with the registration process described in this Site and, if so requested, choose a password and user name. You are fully responsible and liable for maintaining the confidentiality of your password and for any and all activities that occur under your password as well as for any loss or damage incurred by PVNS or any third party due to the use of your password and/or account by someone else.
You agree to notify PVNS immediately of any unauthorized use of your password and/or account or any breach of security.
Links to third party web sites
Occasionally, PVNS may make available a link to a third party’s web site. These links will allow you to leave this Site. The linked sites are not under the control of PVNS and PVNS is not responsible for the contents of any linked site any link contained in a linked site or any changes or updates to such sites. PVNS is not responsible for webcasting or any other form of transmission received from any linked sites. PVNS provides such links only as a convenience. PVNS does not endorse such linked site or its use or content.
Disclaimers
ANY AND ALL THE INFORMATION (INCLUDING THE SOFTWARE IF ANY) PROVIDED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES REGARDING WORKMANLIKE EFFORTS, LACK OF NEGLIGENCE OR NON-INFRINGEMENT.
PVNS MAKES NO WARRANTY THAT (A) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ANY TOOLS OR SERVICES AVAILABLE OR OFFERED THROUGH THIS SITE WILL BE ACCURATE OR RELIABLE OR (B) THE QUALITY OF ANY PRODUCTS OR SERVICES DESCRIBED IN THIS SITE WILL MEET YOUR EXPECTATIONS.
THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. PVNS DOES NOT WARRANT THAT THE ELECTRONIC FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE INFORMATION AVAILABLE THROUGH THIS SITE.
IN THE FUTURE CHANGES MAY BE ADDED TO THE INFORMATION HEREIN BUT THERE WILL BE NO DUTY TO UPDATE THIS SITE.
PVNS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR PROGRAM(S) DESCRIBED ON THIS SITE AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
NEITHER PVNS NOR ANY OF ITS AFFILIATED COMPANIES, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES SHALL BE HELD LIABLE FOR ERRORS CONTAINED HEREIN, OR FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF PROFITS OR REVENUES, LOSS OF BUSINESS, LOSS OF REPUTATION, OR ANY ECONOMIC LOSS ARISING OUT OF, OR IN CONNECTION WITH THE FURNISHING, THE ACCESS, OR USE, OR INABILITY TO USE THIS SITE, OR RELIANCE ON ANY OF THE INFORMATION PROVIDED AND/OR MATERIAL CONTAINED IN THIS SITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
User Indemnity to PVNS
You and your organization agree to defend, indemnify and hold PVNS, its affiliated companies, directors, employees or representatives harmless from and against any and all damages, expenses (including attorneys reasonable fees), losses or liabilities arising out of or in connection with your access to or use of this Site (including the Forums).
Termination of access
PVNS may, at its option, terminate without notice any user's access (and any account of such person) to this Site without prejudice to its right to claim for indemnification of damages in case of termination for breach of the Terms of Use.
Notice and Procedure for making Claims of Copyright infringement
PVNS will investigate notices of copyright infringement and take appropriate actions under the Digital Millenium Copyright Act, Title 17, United States Code, Section 512 (c)(2)(“DMCA”). Pursuant to DMCA, notifications of claimed copyrighted infringement (the “Notification”) must be submitted to the following Designated Agent for this Site :
Service Provider(s) : Packet Video Network Solutions, Inc.
Name of Agent designated to receive Notification : Legal Department.
Full address of Designated Agent to which Notification should be sent : 9605 Scranton Road, San Diego, CA 92121
Telephone number of Designated Agent : 858-320-3100
Facsimile number of Designated Agent : 858-320-3140
Email address of Designated Agent : websupport@pvnetsolutions.com
To be effective, the Notification must include the following :
1/ A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2/ Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
3/ Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Service Provider to locate the material.
4/ Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be connected.
5/ A statement that the complaining party has good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6/ A statement that the information in the Notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For further information on intellectual property matters, please contact the Legal Department of PVNS.
Legal Notices - Privacy Policy
Legal Notices and Privacy Policy are an integral part of the Terms of Use.
Applicable law - Disputes resolution
The Terms of Use as well as all matters relating to your access to and use of this Site shall be governed by the laws of the State of California, to the exclusion of its conflict of law provisions and, where applicable, with the federal law of the United States.
Any dispute, legal action or proceeding relating to your access to and use of this Site or interpretation of the Terms of Use shall be subject to the exclusive jurisdiction of the California state courts in and for San Mateo County, California (or, if there is federal jurisdiction, the United States District Court for the Northern District of California), and you and PVNS irrevocably agree to submit to the personal and exclusive jurisdiction of these courts and that venue therein is proper and convenient. Any judgment or order by any court having proper jurisdiction against either you or PVNS may be enforced in any court having jurisdiction over you or PVNS as the case may be.
Modification of the Terms of Use
PVNS may update and made changes to the Terms of Use at any time without prior notification. When doing so, PVNS will also revise the “last updated” date at the top of the Terms of Use. With respect to the Privacy Policy, material changes will be notified to you by placing prominent notice on this Site.
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