ACCEPTANCE OF TERMS.
DESCRIPTION OF SERVICES.
Through its family of web sites, Comtech provides you with access to a variety of resources, including product manuals, annual reports, download areas and product information (collectively “Services”). The Services also include all of the content of the Comtech Web sites such as software, documents, text, logos, graphics, sounds, images, and Web page design. Use of the Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, is subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and non-commercial use only. The Services are protected by copyright, trade dress, trademark, unfair competition, and other laws. 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 Services. Ownership of the Services shall at all times remain with Comtech or its licensors. Comtech reserves all rights not expressly granted to you. Use of the Services for any purpose not expressly authorized herein without the prior express written permission of Comtech is forbidden.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services (“Software”) is the copyrighted work of Comtech and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user is not authorized to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement 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, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, COMTECH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, COMTECH MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. COMTECH DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN COMTECH SOFTWARE PRODUCTS.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use text documents such as white papers, press releases, datasheets and FAQs (the “Documents”) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any purpose inconsistent with these TOU is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The term “Documents” as used above does not include the design or layout of the Comtechtel.com Web site or any other Comtech owned, operated, licensed or controlled site, or other, non-text elements of such sites, such as logos, graphics, sounds, or images.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. COMTECH AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
DISCLAIMER OF WARRANTIES
COMTECH AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES FOR ANY PURPOSE. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMTECH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SERVICES. COMTECH SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE ANY OF THE SERVICES. Some states do not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases.
LIMITATION OF LIABILITY
USE OF THE SERVICES IS AT YOUR SOLE RISK. IN NO EVENT SHALL COMTECH AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, OR COMPUTER VIRUS OR SYSTEM FAILURE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, OR THE FAILURE TO PROVIDE THE SERVICES. COMTECH WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE SERVICES. THESE WAIVERS APPLY EVEN IF COMTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMTECH’S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO COMTECH FOR ACCESSING ITS WEB SITES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE TOU FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.
FORWARD LOOKING STATEMENTS
CERTAIN INFORMATION IN THE SERVICES AND AVAILABLE ON COMTECH’S WEB SITES CONTAINS FORWARD-LOOKING STATEMENTS, INCLUDING BUT NOT LIMITED TO, INFORMATION RELATING TO THE FUTURE PERFORMANCE AND FINANCIAL CONDITION OF COMTECH, THE PLANS AND OBJECTIVES OF COMTECH’S MANAGEMENT AND COMTECH’S ASSUMPTIONS REGARDING SUCH PERFORMANCE AND PLANS THAT ARE FORWARD-LOOKING IN NATURE AND INVOLVE CERTAIN SIGNIFICANT RISKS AND UNCERTAINTIES. ACTUAL RESULTS COULD DIFFER MATERIALLY FROM SUCH FORWARD-LOOKING INFORMATION. COMTECH’S FORM 10-K FILED WITH THE SECURITIES AND EXCHANGE COMMISSION IDENTIFIES MANY OF SUCH RISKS AND UNCERTAINTIES, WHICH INCLUDE THE FOLLOWING:
THE IMPACT OF A CONTINUED DOMESTIC AND FOREIGN ECONOMIC SLOW-DOWN ON THE DEMAND FOR OUR PRODUCTS AND SERVICES, PARTICULARLY IN THE TELECOMMUNICATIONS INDUSTRY;
RISKS ASSOCIATED WITH OUR MOBILE DATA COMMUNICATIONS BUSINESS BEING IN AN EARLY STAGE;
OUR POTENTIAL INABILITY TO KEEP PACE WITH RAPID TECHNOLOGICAL CHANGES;
OUR BACKLOG BEING SUBJECT TO CUSTOMER CANCELLATION OR MODIFICATION;
OUR SALES TO THE U.S. GOVERNMENT BEING SUBJECT TO FUNDING, DEPLOYMENT AND OTHER RISKS;
OUR FIXED PRICE CONTRACTS BEING SUBJECT TO RISKS;
OUR DEPENDENCE ON COMPONENT AVAILABILITY, SUBCONTRACTOR AVAILABILITY AND PERFORMANCE BY KEY SUPPLIERS;
THE HIGHLY COMPETITIVE NATURE OF OUR MARKETS;
OUR DEPENDENCE ON INTERNATIONAL SALES;
THE ADVERSE EFFECT ON DEMAND FOR OUR PRODUCTS AND SERVICES THAT WOULD BE CAUSED BY A DECREASE IN THE VALUE OF FOREIGN CURRENCIES RELATIVE TO THE U.S. DOLLAR;
THE POTENTIAL ENTRY OF NEW COMPETITORS IN ALL OF OUR SEGMENTS;
UNCERTAINTY WHETHER THE SATELLITE COMMUNICATIONS INDUSTRY OR INFRASTRUCTURE WILL CONTINUE TO DEVELOP AND THE MARKET WILL GROW;
UNCERTAINTY WHETHER THE INTERNET WILL CONTINUE TO GROW IN INTERNATIONAL MARKETS;
THE POTENTIAL IMPACT OF INCREASED COMPETITION ON PRICES, PROFIT MARGINS AND MARKET SHARE FOR COMTECH’S PRODUCTS AND SERVICES;
THE AVAILABILITY OF SATELLITE CAPACITY ON A LEASED BASIS NEEDED TO PROVIDE THE NECESSARY GLOBAL COVERAGE FOR OUR MOBILE DATA COMMUNICATIONS SERVICES;
WHETHER WE CAN SUCCESSFULLY IMPLEMENT OUR SATELLITE MOBILE DATA COMMUNICATIONS SERVICES AND ACHIEVE RECURRING REVENUES FOR SUCH SERVICES; AND
WHETHER WE CAN SUCCESSFULLY COMBINE AND ASSIMILATE THE OPERATIONS OF ACQUIRED BUSINESSES AND PRODUCT LINES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Comtech immediately of any unauthorized use of your account or any other breach of security. Comtech will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Comtech or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Comtech server, or the network(s) connected to any Comtech server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Comtech server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Comtech makes no representation that the Services are appropriate or available for use in locations outside the United States, and accessing the content from territories where such content is illegal is prohibited. Those who choose to access this site from locations outside the United States do so at their own initiative and are responsible for compliance with all applicable laws.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Do anything that would create liability for Comtech or any other person.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Comtech has no obligation to monitor the Communication Services. However, Comtech reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Comtech reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Comtech reserves the right at all times to disclose any information as Comtech deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Comtech’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Comtech does not control or endorse the content, messages or information found in any Communication Services and, therefore, Comtech specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Comtech spokespersons, and their views do not necessarily reflect those of Comtech.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless Comtech and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use or misuse of the Services.
MATERIALS PROVIDED TO COMTECH OR POSTED AT ANY COMTECH WEB SITE.
Comtech does not claim ownership of the materials you provide to Comtech (including feedback and suggestions) or post, upload, input or submit to any Services. However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Comtech, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their businesses (including, without limitation, all Comtech Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Comtech is under no obligation to post or use any Submission you may provide and Comtech may remove any Submission at any time in its sole discretion.
LINKS TO OR FROM THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE COMTECH’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF COMTECH AND COMTECH IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. COMTECH IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. COMTECH IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY COMTECH OF THE SITE.
No link to Comtech’s Web sites may be “framed” to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics, or in a manner that inaccurately represents the ownership of the Web sites. All links to the Comtech Web sites must be to one of the Comtech Web site home pages, listed above. “Deep linking” to internal pages of the Comtech Web site is expressly prohibited.
UNSOLICITED IDEA SUBMISSION POLICY.
COMTECH OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN COMTECH’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO COMTECH. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO COMTECH OR ANYONE AT COMTECH. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT COMTECH MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on one of Comtech’s Web sites in a way that constitutes copyright infringement, please provide the Comtech Copyright Agent with the following information:
a. identification of the copyrighted work claimed to have been infringed;
b. identification of the allegedly infringing material on the Web site that is requested to be removed;
c. your name, address and daytime telephone number, and an e-mail address if available, so that Comtech may contact you if necessary;
d. a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
e. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
f. an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Comtech’s Copyright Agent for notice of claims of copyright infringement on Comtech’s Web sites is Robert Cantone, who can be reached as follows:
Proskauer Rose LLP
New York, NY 10036
Comtech reserves the right to remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of any such statement in conformance with 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
CHOICE OF LAW AND FORUM
These TOU shall be governed by and construed in accordance with the laws of the state of New York, without regard to such state’s rules regarding conflicts of laws. By accessing Comtech’s Web sites, you agree that courts located in New York, New York shall have exclusive jurisdiction over all claims and actions arising out of or relating to these TOU and/or your use of the Services, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Copyright © 2002 Comtech Telecommunications Corp., 105 Baylis Road, Melville, NY 11747 – U.S.A. All rights reserved.
Any rights not expressly granted herein are reserved.