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AGREEMENT BETWEEN USER AND ACCEDIAN NETWORKS INC.
The Accedian Networks Inc. website is comprised of various Web pages operated by Accedian Networks Inc. and/or its affiliated entities (hereinafter “Accedian”).
The Accedian website (hereinafter the “website”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the website constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Accedian reserves the right to change the terms, conditions, and notices under which the website is offered, at any time and without notice.
USE OF MATERIALS
The materials contained on or accessible through this website (including, without limitation, all digital images of products or services offered by Accedian) shall not be used, distributed, redistributed, broadcast, published, copied, downloaded, displayed, posted, transmitted or reproduced other than for personal, educational and non-commercial purposes without the prior written consent of Accedian. These materials must not be altered in any manner, distorted or used in any way that is detrimental to Accedian’s image or reputation. You also may not, without Accedian’s express written permission, “mirror” any material contained on the website on any other server. The copyright in these materials is either owned by Accedian or is used by Accedian with the permission of the owner. Accedian does not represent or warrant that such materials do not infringe the rights of others. Nothing contained herein shall be construed as granting, explicitly or implicitly, any license or other right to use these materials other than in accordance with the terms contained herein.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the website, you warrant to Accedian that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
LINKS TO THIRD PARTY SITES
You may choose to use certain features for which we partner with other entities that operate independently from Accedian, such as social media and third-party websites. We are not responsible for the content, your use of, nor the privacy practices of those websites. Websites that are linked to this website are not under the control of Accedian. The links are provided solely for your information and convenience. Accedian does not assume any responsibility or liability in connection with communications with or materials from any linked website.
LIABILITY DISCLAIMER
THE INFORMATION AND CONTENT AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
ALL INFORMATION AND CONTENT ON THE WEBSITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE FURNISHED ‘AS IS’, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ACCEDIAN SHALL NOT BE LIABLE (WHETHER IN NEGLIGENCE OR OTHERWISE) TO ANY PERSON FOR ANY ERROR, OMISSION OR INCOMPLETENESS IN THE INFORMATION, OR RELIANCE ON THE INFORMATION, ON THE WEBSITE, NOR SHALL ACCEDIAN BE UNDER ANY OBLIGATION TO ADVISE ANY PERSON OF ANY ERROR THEREIN. IN NO EVENT SHALL ACCEDIAN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOSSES, CLAIMS OR EXPENSES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE INFORMATION THEREON, EVEN IF ACCEDIAN (INCUDING ANY OF ITS AFFILIATES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
TERMINATION/ACCESS RESTRICTION
Accedian reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice.
GENERAL
To the maximum extent permitted by law, this agreement and the use of this website is governed by the laws of the Province of Québec, Canada, excluding conflicts of law principles. The parties have designated the District of Montréal, Province of Québec, as the jurisdiction for any litigation arising in connection herewith. To the maximum extent permitted by applicable laws, any legal actions against us must be commenced in Montréal, Canada within one year after the claim arose, or be barred. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Accedian as a result of this agreement or use of the website. Accedian’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Accedian’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Accedian with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Accedian with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Accedian with respect to the website.
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