Ownership of Site; Agreement to Terms and Conditions of Use
These Terms and Conditions of Use (the "Terms and Conditions of Use") apply to the Spirent web site located at www.Spirent.com, and all associated sites linked to www.Spirent.com by Spirent, its subsidiaries and affiliates, including Spirent sites around the world (collectively, the "Site"). The Site is the property of Spirent Inc. ("Spirent") and its licensors. BY USING THE SITE AND CHECKING THE ACCEPT BOX DURING REGISTRATION, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Spirent reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions of Use, at any time. It is your responsibility to check these Terms and Conditions of Use periodically for changes (you can subscribe to this page to be notified when it is updated). Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions of Use, Spirent grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Spirent Communications, Inc. ("we", "our" and "us") maintains this site (the "Site") for your personal use and as a vehicle for sharing information. Your access to and use of the Site are subject to the following terms (the "Terms and Conditions") and all applicable laws and regulations. Please note that the Terms and Conditions may be periodically updated and modified, so please be sure to recheck them. By accessing and using the Site, you accept, without limitation or qualification, the present Terms and Conditions. You also agree to so accept future updates and modifications of the Terms and Conditions.
All trademarks, copyright, database rights and other intellectual property rights in the materials on the Site (as well as the organization and layout of the Site) together with the underlying software code are owned either directly by us or our licensors. Without our prior permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on the Site or the underlying software code whether in whole or in part. However, the contents of the Site may be downloaded, printed or copied for your personal, non-commercial use.
The information on the Site has been provided in good faith but is for general information purposes only. It should not be relied on for any specific purpose and no representation or warranty is given as regards its accuracy or completeness. To the maximum extent permitted by law, we disclaim all implied warranties with regard to the information, services and materials contained on the Site. All such information, services and materials are provided "as is" and "as available" without warranty of any kind. We and any other parties involved in creating, producing, or delivering the Site also assume no responsibility for, and shall not be liable for, any damages to or interference with equipment, programs, files, or other property (for example, from viruses) whether such damages are related to access or use of the Site or other locations accessible through the Site. Your sole remedy for dissatisfaction with or damage sustained in connection with the Site is to stop using the Site. Your permission to use the Site may automatically terminate without notice at our sole discretion.
Limitation of Liability
In no event will we or any of our affiliates, subsidiaries , parent company or licensors be liable to you for any damages whatsoever (including, without limitation, any direct, special, indirect, consequential, incidental, or punitive damages) arising out of or related to your access to, use of or inability to access the Site even if advised of the possibility thereof.
Third Party Sites
At various points throughout the Site you may be offered links to other internet sites relevant to a particular aspect of the Site. This does not indicate that we are necessarily associated with any of these sites or their owners. Whilst it is our intention that you should find these other sites of interest, we shall not have any responsibility or liability of any nature whatsoever for these other sites or any information contained in them, none of which have been verified or endorsed by us. Your access and use of such sites remains solely at your own risk.
Forward Looking Statements
The Site may contain information about our past performance or practices. No such information should be used as an indicator of future performance or practices. The Site may also contain forward-looking statements that are based on current expectations or beliefs, as well as assumptions about future events. You can identify these statements by their use of words such as "will", "anticipate", "estimate", "expect", "project", "intend", "plan", "should", "may", "assume" and other similar words. You should not place undue reliance on our forward-looking statements, which are not a guarantee of future performance and are subject to factors that could cause our actual results to differ materially from those expressed or implied by these statements. Such factors include: aggressive competition; our ability to develop and commercialize new products and services; risks relating to the acquisition or sale of businesses; or reliance on third party manufacturers and suppliers; our exposure to liabilities for product defects; or reliance on proprietary technology; our ability to grow in e-commerce; our ability to attract and retain qualified personnel; risks of doing business internationally; and risks of downturns in the industries in which we participate; and other risks described from time to time in Spirent plc’s Securities and Exchange Commission periodic reports and filings. We undertake no obligation to update our forward-looking statements, whether as a result of new information, future events or otherwise.
No information contained on the Site constitutes or shall be deemed to constitute an invitation or otherwise deal in shares or ADR’s of Spirent plc. The price of shares and income derived from them can go down as well as up.
Information Provided By You/Content
Any communication or items you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, etc. ("Content") will be treated as non- confidential, non-proprietary and may be freely used by us. Anything you transmit or post may be used by us without any obligation to you or any other party, for any purpose, including but not limited to electronic and non-electronic reproduction, disclosure, transmission, publication, distribution, broadcast and posting.
You grant Spirent a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any Spirent product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by Spirent without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Spirent's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
You agree that you will only upload, share, post, publish, transmit, or otherwise make available on or through the Site Content that you have the right and authority to share and for which you have the right and authority to grant to Spirent all of the licenses and rights set forth herein. By sharing Content, You agree that you will neither use the Site in a manner, nor share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.
While we cannot review every communication from, or submission by, users of the Site, and is not responsible for the content of those communications and submissions, we reserve the right, in our sole discretion, to delete communications or submissions. Users of this Site agree not to use it to post or transmit any matter that can give rise to liability, or is unlawful, injurious or otherwise objectionable. For the protection of Site users and the Site, we can elect to fully co-operate with any law enforcement authorities or other legal processes seeking disclosure of the identity of anyone allegedly posting any such information or materials.
Certain non-personal, identifying information with respect to visitors is recorded by the standard operation of the Site and a "cookie" is used to track the frequency and dates of access. This information is primarily used to provide updates on Site information and to determine utility of Site features.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms and Conditions of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Spirent and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
You agree to indemnify and hold Spirent, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Spirent by any third party due to or arising out of or in connection with your use of the Site.
If any of the provisions of these Terms and Conditions of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions of Use, so that these Terms and Conditions of Use shall remain in full force and effect. These Terms and Conditions of Use constitute the entire agreement between you and Spirent with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Spirent with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Spirent, Spirent will not accept any counter-offers to these Terms and Conditions of Use, and all such offers are hereby categorically rejected. Spirent’s failure to insist on or enforce strict performance of these Terms and Conditions of Use shall not be construed as a waiver by Spirent of any provision or any right it has to enforce these Terms and Conditions of Use, nor shall any course of conduct between Spirent and you or any other party be deemed to modify any provision of these Terms and Conditions of Use. These Terms and Conditions of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Changes to the Site
We reserve the right to make any changes and corrections to the Site as and when we consider it appropriate and without notice.
All scripts are distributed as-is and are not supported by Spirent. Please post your questions to the Spirent Forums. These forums are free and viewed by each member of the developer community.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Spirent shall be free to use such information on an unrestricted basis.
Verbal commitment provided to you by a Spirent support engineer is not binding.
All discussions must be clean and polite in manner. Any vulgar or angry discussion will be removed from the discussion and the offending member's membership may be revoked or temporarily suspended.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term and Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.