Terms of Use

Overview

Last Updated: 06/25/2024  02:40:25 UTC

The following are terms of a legal agreement between you and Bay networks. By accessing, browsing, or using this web site, you acknowledge that you have read, understood, and agree to be bound by these terms, and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this web site. Bay Networks may, without notice to you, at any time revise these Terms of Use and any other information contained in this web site by updating this posting. Bay Networks may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

General

This web site contains proprietary notices and copyright information, the terms of which must be observed and followed. This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Bay Networks prior written consent. The only exception is that Bay Networks grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this site, solely on your computer and for your personal, non-commercial use of this web site. This permission is conditioned on your not modifying the content displayed on this site, you’re keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices, will be governed by such terms, conditions, and notices. Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission given above, Bay Networks does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. Product descriptions and product images are for representational purposes only. Actual products may not be as described or displayed.

Certain Disclaimers

Information on this web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Bay Networks assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site. Bay Networks provides no assurances that any reported problems will be resolved by Bay Networks, even if Bay Networks elects to provide information with the goal of addressing a problem.

Cautionary Statements

Except for historical information and discussions, statements set forth throughout this web site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws.

Confidential Information

Bay Networks does not want to receive confidential or proprietary information from you through our web site. Please note that any information or material sent to Bay Networks will be deemed NOT to be confidential. By sending Bay Networks any information or material, you grant Bay Networks an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Bay Networks is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally identifiable information that you submit to Bay Networks for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding Bay Networks privacy policies.

U.S. Government Restrictions

Bay Networks provides product and software downloaded from this Web site to U.S. Government users with “RESTRICTED RIGHTS”. Use, reproduction, or disclosure is subject to the restrictions set forth in Bay Networks GSA ADP Schedule contract.

Global Availability

Information Bay Networks publishes on the World Wide Web may contain references or cross references to Bay Networks products, programs and services that are not announced or available in your country. Such references do not imply that Bay Networks intends to announce or make available such products, programs, or services in your country. Please consult your local Bay Networks business contact for information regarding the products, programs, and services that may be available to you.

Business Relationships

This web site may provide links or references to non-Bay Networks web sites and resources. Bay Networks makes no representations, warranties, or other commitments whatsoever about any non-Bay Networks Web sites or third-party resources that may be referenced, accessible from, or linked to any Bay Networks site. A link to a non-Bay Networks Web site does not mean that Bay Networks endorses the content or use of such Web site or its owner. In addition, Bay Networks is not a party to or responsible for any transactions you may enter with third parties, even if you learn of such parties (or use a link to such parties) from a Bay Networks site. Accordingly, you acknowledge and agree that Bay Networks is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources. When you access a non-Bay Networks Web site, even one that may contain the Bay Networks logo, please understand that it is independent from Bay Networks, and that Bay Networks does not control the content on that web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan Horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to This Site

All links to this web site must be approved in writing by Bay Networks, except that Bay Networks consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Bay Networks; (c) imply that Bay Networks approves or endorses you, your web site, or your service or product offerings; and (d) present false or misleading impressions about Bay Networks or otherwise damage the goodwill associated with the Bay Networks name or trademarks. As a further condition to being permitted to link to this site, you agree that Bay Networks may at any time, in its sole discretion, terminate permission to link to this web site. In such event, you agree to immediately remove all links to this web site and to cease using any Bay Networks trademark.

Translations

Certain text in this web site may be made available in languages other than English. Text may be translated by a person, or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Bay Networks makes no representations or commitments regarding the accuracy or completeness of the translation, whether computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. Bay Networks EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, Bay Networks MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

EXPORT CONTROL

Exports, re-exports, and transfers of products, including technology, software, software source code, technical data, related technology, and the direct products thereof (collectively “Items”) are subject to US export controls and sanctions, including, but not limited to, those administered by the Commerce Department’s Bureau of Industry and Security (“BIS”) under its Export Administration Regulations (“EAR”) (15 Code of Federal Regulations Parts 730-774), the Treasury Department’s Office of Foreign Assets Controls (“OFAC”) under its Foreign Assets Control Regulations (31 Code of Federal Regulations Part 500), and also to other applicable export control laws and regulations of non-U.S. government agencies (collectively, “Export Controls”). Certain TI Services may also be subject to these Export Controls.

You acknowledge and agree that you will comply and will ensure that you and your subsidiaries (as applicable) comply, with Export Controls as they relate to Items and Services. You further acknowledge and agree that Items and Services may not be exported, re-exported, transferred, or resold to a person or entity barred by the U.S. Government (collectively, “Denied Persons”) from participating in export activities. Denied Persons include, but are not limited to, those individuals or entities listed on the Commerce Department’s Denied Persons List, the Commerce Department’s Entity List, the Directorate of Defense Trade Controls’ List of Statutorily Debarred Parties, and the Treasury Department’s List of Specially Designated Nationals.

You also acknowledge and agree to observe all other applicable restrictions concerning other end-uses/end-users according to other laws and regulations (e.g., European Commission regulations or any other national regulations) with respect to your use of any  Items or  Services.

The lists of U.S. embargoed/sanctioned or restricted destinations, entities or Denied Persons are subject to change

LIMITATION OF LIABILITY

IN NO EVENT WILL BAY NETWORKS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BAY NETWORKS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.