Terms of Use
BEFORE USING THIS WEB SITE (THE “SITE”), PLEASE READ THE TERMS OF USE SET FORTH BELOW. BY USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE. MOVIUS INTERACTIVE CORPORATION, A DELEWARE CORPORATION, OWNS AND OPERATES THIS SITE. MOVIUS INTERACTIVE CORPORATION RESERVES THE RIGHT TO REVISE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE AND, BY USING THE SITE SUBSEQUENT TO THE REVISION OF THE TERMS OF USE; YOU AGREE TO BE BOUND BY SUCH CHANGES. WE RECOMMEND THAT YOU READ THE TERMS OF USE EACH TIME YOU VISIT THE SITE. IF YOU FIND THE TERMS OF USE TO BE UNACCEPTABLE, YOU MUST IMMEDIATELY EXIST AND TERMINATE YOUR USE OF THE SITE.
1. No Representation or Warranty
1.1 The documents, graphics and images published at the Site may include inaccuracies or typographical errors. We reserve the right to change, move or delete portions of or add information to the Site without notice. We make no commitment, however, to update the information contained in the Site. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. GLENAYRE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. GLENAYRE AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS INFORMATION, SOFTWARE PRODUCTS AND SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. NOTWITHSTANDING THE FOREGOING, PARTICULAR END-USER LICENSE AGREEMENTS ENTERED INTO IN CONNECTION WITH THE SOFTWARE MAY OR MAY NOT PROVIDE LIMITED EXPRESS WARRANTIES AND/OR SOFTWARE SUPPORT PROVIDED BY SUPPLIERS OR LICENSORS, AND IF SO, WILL BE HONORED IN ACCORDANCE WITH THEIR EXPRESS TERMS SET FORTH IN SUCH END-USER LICENSE AGREEMENTS.
1.2 This Site contains links to independent, third-party Web sites. We make no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions contained in any such linked sites. Links to other Web sites will not in any manner be construed as an endorsement by us of that site, the described products or services or the opinions expressed therein. Any concerns regarding any product or service offered by a Web site to which Glenayre is linked or the link itself should be directed to the operator of that specific Web site and not to Glenayre.
1.3 Users of this Site should not rely on opinions expressed at this Site, or any linked site, when making business, financial, personal or other decisions, but should perform the necessary due diligence on software, products and services to form an independent opinion.
2. Confidentiality and Privacy
We do not guarantee your confidential use of this Site. We will not be responsible for any harm that you, or any person, may suffer as a result of a breach of confidentiality in respect to your use of this Site. We will, however, treat your personally identifiable information in accordance with our Privacy Policy.
3. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, LICENSORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY USE OF THIS SITE OR USE OF ANY LINKED WEB SITE, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR SOFTWARE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES AND EXPENSES, LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PART OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
4. License
Except as expressly provided in this Section 4, nothing contained in the Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights. You are hereby granted a nonexclusive, nontransferable, limited license to view and to use the Site and to print individual pages of the Site, subject to the restrictions set forth in these Terms of Use. The Site and its contents are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. You may download one printed copy of the content of the Site on a single computer or CPU solely for the purpose of doing business with Glenayre. This is a license only and not a transfer of title. Without the prior written consent of Glenayre, you may not (a) modify the content of the Site for any purpose, (b) decompile, reverse engineer or disassemble software materials, (c) remove any copyright notice or other proprietary notices from the content of the Site, (d) transfer the content of the Site to another person or (e) allow any one else to copy any portion of the content of the Site.
5. Linking to the Glenayre Site
Linking to the Site may be done only by prior written agreement with Glenayre.
6. General
6.1 These Terms of Use are governed by and construed in accordance with the laws of the State of Georgia, USA, as they apply to agreements made and solely performed therein and without regard to choice of law or conflicts of laws principles of such State. Disputes arising from these Terms of Use will be exclusively subject to the jurisdiction of the United States Federal Court, Northern District of Georgia and/or the State or Superior Courts of Georgia in Fulton County, and jurisdiction and venue for such disputes rests solely in Georgia , USA and the courts referred to above. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this Section 6.1.
6.2 These Terms of Use incorporate by reference any notices contained on this Site from time to time, and constitute the entire agreement with respect to your access to and use of this Site and supersede any prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Glenayre with respect to the Site. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction, including, without limitation, warranty, disclaimer and liability limitations set forth above, shall be severable from these Terms of Use in that jurisdiction without invalidating the remaining provisions and will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The unenforceability of any provision in a jurisdiction will not make that provision unenforceable in any other jurisdiction. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
6.3 By using the Site, you agree to indemnify, defend and hold harmless Glenayre, its officers, directors, employees, contractors, agents, suppliers, licensors, affiliates, subsidiaries, successors or assigns from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to your use of the Site or the material provided therein and any breach by you of these Terms of Use or any other agreement entered into in connection with your use of the Site.
6.4 Glenayre reserves the right, in its sole discretion, to terminate your access to any or all of the Site (or any other Glenayre affiliated web sites) and the related services or any portion thereof at any time, without notice.
7. Software Available on this Site
Any software that is made available to download from the Site ("Software") is the copyrighted work of Glenayre and/or its suppliers or licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which is provided to you in connection with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, Glenayre hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Glenayre and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF A LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions, including, without limitation, those countries specified in the applicable License Agreement.
8. Ownership; Copyrights and Trademarks
8.1 All right, title and interest in and to all content of this Site (including all copyrights, trademarks and other intellectual property rights) belong to Glenayre Electronics, Inc. or, if applicable, its suppliers or licensors and are licensed to Glenayre.net, Inc. All information, trademarks, trade dress, software, content, specifications, catalogs, literature, technical papers, advertisements and other materials contained in the Site, including the names, images, illustrations, designs, icons, photographs and other indicia identifying our products and services (collectively, "Proprietary Material") are proprietary and are the exclusive property of Glenayre Electronics, Inc. or, if applicable, its suppliers or licensors. All Proprietary Material is protected by applicable worldwide intellectual property rights, and except as expressly provided by these Terms of Use, Glenayre grants no express or implied right use any such Proprietary Material.
8.2 All contents of the Glenayre Site are: Copyright©1998-2001 Glenayre Electronics, Inc. and/or its suppliers or licensors. All rights reserved. The following is a list of some, but not all, trademarks owned by Glenayre Electronics, Inc.: GLENAYRE, the Glenayre logo, Inteligis, Solutions for an @ctive World, the Solutions for an @ctive World logo, and MVP.