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Website Terms and Conditions
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" or
“Sites”). The following Terms and Conditions govern your use of any of
these Sites. Please take a moment to review these Terms and Conditions
to be sure that you agree with and can and will abide by all of these Terms
and Conditions. 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, that you have read and understand all of these Terms and Conditions,
and that you agree to and intend to be legally bound by all of these Terms
and Conditions. If you do not agree with, or can not agree with
any of these Terms and Conditions, you are not granted permission to use
this or any other Ulticom Sites and you must exit this or any other Ulticom
Sites immediately. Ulticom reserves the right at any time to modify, alter
or update these Terms and Conditions. Your use of the Sites following
any changes means that you agree to follow and be bound by the terms and
conditions of the Sites as changed.
Ulticom also has a Privacy Statement setting out Ulticom's online information
gathering and dissemination practices with respect to the Sites, and a
set of Terms of Use setting out additional terms for use of my.ulticom.com,
or https://ultpportal.coresys.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.
Use and Access to the Sites
Ulticom hereby grants you a non-exclusive, non-transferable,
limited license to access and use the Sites under the terms and conditions
set forth in these Terms and Conditions, the Privacy Statement, and the
Terms of Use. You acknowledge and agree that the use of the Internet is
solely at your own risk and is subject to all applicable local, state,
national, and international laws and regulations. Notwithstanding any
terms or provisions in these Terms and Conditions, the Terms of Use, or
the Privacy Statement, you acknowledge and agree that neither Ulticom,
any of its owners, officers, directors, employees, agents, representatives,
nor any of its contractors shall be liable for any loss resulting or caused
by any failure of any (a) equipment or communication lines, (b) telephone
or other interconnect problems, (c) computer viruses, (d) unauthorized
access, (e) theft, (f) operator errors, (g) severe weather, earthquakes,
or other natural disasters, (h) strikes or other labor problems, and /
or (i) wars, or other governmental restrictions.
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 (the "Site
Materials") are protected by United States law, including but not
limited to, United States copyright, trademark and relevant intellectual
property law. Except as explicitly stated on the particular Site, the entirety
of any of the Site Materials (including, but not limited to, data, code,
software, content, illustrations, graphics, audio, video, photographs,
pictures, illustrations, recordings, drawings, sketches, artwork, images,
text, forms, look and feel attributes, and all other intellectual property)
are each individually and collectively Ulticom's copyrighted works, with
all rights reserved, or are 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 strictly 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 also strictly
prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing
on the Sites are owned and / or proprietary to Ulticom or its affiliates,
licensors, or suppliers. Use or misuse of any of these trademarks is expressly
prohibited and may violate federal and / or 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 any such
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 any use of the User Materials by the Site and any 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 that is or
may be owned by any third party.
Upon your submission of any User Materials or other material or information
to Ulticom, you grant Ulticom a worldwide, perpetual, non-terminable, irrevocable,
fully transferable, license for any and all business purposes of Ulticom,
to access, use, distribute, perform, reproduce, display, modify, create
derivative works based upon, and / or sublicense, and to permit others
to access, use, distribute, perform, reproduce, display, modify, create
derivative works based upon, and / or sublicense, the User Materials that
you submit to this Site, all without any compensation to you whatsoever.
By your submission of any User Materials, you acknowledge and agree that
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 Sites for any or no reason, at Ulticom's sole discretion. Ulticom shall
not be responsible for changes, modifications, or removal of any User Materials
that you may submit to the Sites. If you believe that any content or postings
on the Sites violate any of your intellectual property or other rights,
please follow our Complaint Procedure provided within these Terms and Conditions.
Third Party Materials, Products, Services and Links
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 any third parties or the transactions you
conduct or enter into with any of these third parties either through or
separate from the Sites. Additionally, this Site may, from time to time,
contain links to other Web sites, which such links are provided solely
for the convenience of users in locating information, products, or services.
Ulticom expressly disclaims any and all responsibility for the content,
the accuracy of the information, or the products or services advertised
on or provided by any of these third-party sites or the transactions that
you may conduct or enter into with any of these third parties, or on these
third party sites.
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 WITH 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, INCLUDING WITHOUT LIMITATION THOSE 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, 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.
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.
Termination
Ulticom reserves the right to terminate your access to
or use of the Sites in the event that you violate any of these Terms and
Conditions, the Privacy Statement, or Terms of Use, or for any reason whatsoever
or no reason, with or without notice. Other than termination of your license
and use of the Sites, Ulticom further reserves any and all of its other
rights it may have against you in addition to any and all other remedies
available at law or in equity.
Indemnification
You agree to defend and hold harmless 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 your use of any of the Sites,
your fraud, violation of law, willful misconduct, or any breach by you
of any of these Terms and Conditions, or the Terms of Use, or the Privacy
Statement, and shall indemnify and hold each of the 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 any 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 any other rights, please send to
Ulticom at 1020 Briggs Road, Mount Laurel, New Jersey 08054, Attention:
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.
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 the Sites, and supersede any and
all prior and contemporaneous written and oral representations, understandings,
and agreements, express or 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
Sites and / or any works, content, or materials on this Site, you hereby
consent to the exclusive jurisdiction of the federal and state courts presiding
in Camden, New Jersey, United States, 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. Specific investor
relations information may be viewed at www.ulticom.com.
Miscellaneous
This Site is controlled and operated from within the United
States. Ulticom makes no statement or representation that the Sites or
any works, content, materials, services, information, or products available
on, in, or through the Sites are appropriate or available for use in any
other locations. If you choose to access any of the Sites from outside
of the United States, you acknowledge and agree that you are doing so at
your own volition and are responsible for compliance with any and all applicable
laws. Headings used in these Terms and Conditions, including, but not limited
to, the Privacy Statement and Terms of Use, are for reference only and
shall not affect the interpretation of these Terms and Conditions (or the
Privacy Statement or Terms of Use). 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 or the Privacy Statement or
Terms of Use.
Effective March 17, 2010
Last updated: March 17, 2010
For more information, please contact info@ulticom.com.
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