Ulticom, Inc., its affiliate and subsidiary companies ("Ulticom") welcomes you to its Web site located at www.ulticom.com and its related sites, including but not limited to my.ulticom.com (the "Site"). The following Terms and Conditions govern your use of this Site. Please take a moment to review them. When you access, view or use the content, material, or services available on or through this Site you agree, on behalf of yourself and any company or organization on whose behalf you actually or allegedly act, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and must exit immediately. Ulticom reserves the right at any time to modify, alter or update these Terms of Use. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed.
Proprietary Rights
All works of authorship, information, content, functional components, software, downloads, upgrades, documentation, service packages, services, information, and material appearing on, available from, or contained in this Site ("Site Materials") are protected by law, including but not limited to, United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including, but not limited to, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, look and feel attributes, and other intellectual property) are Ulticom's copyrighted works, all rights reserved, or the copyrighted works of Ulticom's affiliates, licensors, or suppliers. Ulticom also owns a copyright in this Site as a collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of Ulticom, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of Ulticom, without Ulticom's advance written consent, is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Ulticom or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
Materials Submitted to the Site
This Site may allow you to contribute postings, questions, and other materials and information to this Site. By submitting postings, questions, feedback and suggestions about how to improve our products, information and services, and other materials and information ("User Materials"), you represent that you have the full legal right to provide the User Materials and that use of the User Materials by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene or otherwise violate any community or Internet standard; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (f) result in product liability, tort, breach of contract, personal injury, death, or property damage; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Materials or other material or information to Ulticom, you grant Ulticom, and Ulticom thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the User Materials that you submit to this Site for the purpose of providing the Site and Site products and services and for all other business purposes of Ulticom, all without any compensation to you whatsoever. Further, Ulticom is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any User Materials for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information. Ulticom may remove User Materials from the Site for any reason, in Ulticom's sole discretion. Ulticom shall not be responsible for changes, modifications, or removal any User Materials that you submit to the Site. If you believe that any content or postings on this Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 9 of these Terms and Conditions.
Third Party Materials, Products and Services
This Site is available for informational purposes only. Parties other than Ulticom may provide products or services on the Site. Ulticom expressly disclaims any and all responsibility for or related to the accuracy of the information, the products or services provided by or advertised by these third parties or the transactions you conduct or enter into with these third parties. Additionally, this Site may, from time to time, contain links to other Web sites for the convenience of users in locating information, products, or services that may be of interest. Ulticom expressly disclaims any and all responsibility for the content, the accuracy of the information, or the products or services provided by or advertised on these third-party sites or the transactions you conduct or enter into on these third party sites.
Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to Ulticom via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed, and is not represented to be, secure. Alternative to communicating via the Internet or e-mail, Ulticom can be contacted by regular mail at 1020 Briggs Road, Mount Laurel, NJ 08054, by phone at (856) 787-2700 or (888) 395-6664, by facsimile at (856) 866-2033.
Additional Policies
Ulticom has a Privacy Statement setting out Ulticom's online information gathering and dissemination practices with respect to the Site and Terms of Use setting out additional terms for use of my.ulticom.com. Click here to view the <Privacy Statement> and the <Terms of Use> which are incorporated into these Terms and Conditions by reference, as if set forth fully herein.
Disclaimer of Warranty and Liability
THIS SITE, THE SITE MATERIALS AND USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, SOFTWARE, AND PRODUCTS OFFERED IN CONNECTION THE SITE ARE MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS." USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.
ULTICOM MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE USER MATERIALS, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, SOFTWARE, AND PRODUCTS OFFERED IN CONNECTION THIS SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU.
ULTICOM SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITH BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, THE USER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, SOFTWARE, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ULTICOM TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, SOFTWARE, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING SIX MONTHS FOR USE OF THIS SITE.
Corrections and Changes
Ulticom endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Ulticom is not responsible for any errors or omissions in the Site or Site Materials. Ulticom may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time, and Ulticom makes no commitment to update the information contained on or in this Site. Ulticom reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
Indemnification
You agree to defend Ulticom and its directors, officers, employees, agents, and contractors ("Ulticom Indemnitees") against all claims, actions, suits, and other proceedings of third parties ("Claims") arising out of or incurred in connection with this Site and your use of this Site, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms and Conditions and shall indemnify and hold Ulticom Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Ulticom.
Complaint Procedure
If you believe that any content or postings on this Site violate your intellectual property or other rights, please send to Ulticom at the address listed in Section 4, addressed to the attention of "General Counsel," a comprehensive detailed notice in accordance with the requirements of the Digital Millennium Copyright Act, including (1) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (2) a description of the location of the original or an authorized copy of the copyrighted work; (3) your address, telephone number and e-mail address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (5) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither Ulticom nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Governing Law and Jurisdiction
These Terms and Conditions, including but not limited to, the Privacy Statement and Terms of Use, represent the entire agreement between you and Ulticom with respect to this Site, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New Jersey in the United States, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS OR THE CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in Camden, New Jersey, U.S.A., and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
Securities Information
This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This Site may contain information and press releases about Ulticom, and although this information was believed to be accurate as of the date prepared, Ulticom disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.
Miscellaneous
This Site is controlled and operated from within the United States. Without limiting anything else, Ulticom makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable laws. Headings used in these Terms and Conditions, including, but not limited to, the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of Ulticom to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.
Effective March 9, 2006.
Last updated: 2006-03-17