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Effective URL: https://www.avaya.com/en/termsofuse/?WT.tsrc=Email&utm_source=Email&utm_medium=Email
Submission: On November 03 via api from MX — Scanned from DE
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TERMS OF USE
Updated August 2020
IMPORTANT-READ CAREFULLY
The TERMS OF USE ("TOU") is a legal agreement between you (either as an
individual or any other legal entity that you represent) ("You" or "Your") and
Avaya Inc. or the applicable Avaya affiliate ("Avaya"). Your access to and use
of Avaya websites, and the services available on the websites, ("Website") is
subject to, and governed by, the TOU. Be sure to carefully read and understand
all of the rights and restrictions delineated in the TOU. For Your reference,
You may print the TOU by using the "Print" option on Your browser. By accessing
the Website, You confirm Your agreement to and acceptance of the TOU. Avaya
reserves the right to update the TOU at any time without notice to You. You may
view the current applicable version of the TOU at any time by clicking on the
"Terms of Use" link at the bottom of each Website page.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CERTAIN AVAYA
WEBSITES INCLUDING, BUT NOT LIMITED TO PASSWORD(S) PROTECTED WEBSITES, MAY
CONTAIN TERMS OF USE IN ADDITION TO, OR DIFFERENT FROM THE TOU AND IN SUCH CASE
THE TERMS OF USE POSTED ON SUCH WEBSITES SHALL SUPERSEDE THE TOU AND GOVERN.
1. Access.
1.1. Avaya has the right, but not the duty, to investigate and take any action
it deems appropriate, including but not limited to termination or suspension of
Your access to the Website, without notice or liability, for any conduct that
Avaya, in its sole discretion, believes is in violation of the TOU or any
applicable law or regulation or is harmful to the interests of another user, a
third-party provider, a service provider or Avaya. Avaya makes no representation
that the information contained in the Website is appropriate or available for
use throughout the world. It is forbidden to access the Website from territories
where the legislation provides that the content or use of the Website is
illegal. You choose to use the Website at Your own risk and on Your own
initiative, and it is Your responsibility to ensure that You conform to all
applicable local laws and regulations.
1.2. Restrictions. Without limiting the generality of the foregoing, You
acknowledge that Avaya expressly prohibits and You agree not to: (a) use the
Website (including by posting Third Party Content, as defined in section 3.2),
in a manner that is actually or potentially false, inaccurate, misleading,
libelous, defamatory, threatening, harmful, abusive, harassing, discriminatory,
hateful, vulgar, sexually-oriented, indecent, obscene, otherwise objectionable,
in violation of any third party intellectual property rights (including, without
limitation, the infringement of any copyright, trademark, trade secret or other
intellectual property right of others) or privacy rights of any person, or is
otherwise unlawful under any applicable law or regulation; (b) misrepresent an
affiliation with, or otherwise impersonate, any person or organization; (c)
download a file or software or include on the Website any content, software,
files or links that You know, or have reason to believe, cannot be distributed
legally over the Website; (d) harass, stalk or otherwise subject any other user
of the Website to unwanted and/or inappropriate contact; (e) post, transmit or
make “spam,” unsolicited messages or communications, including mail, e-mail,
phone calls, texts or faxes, and/or advertise or telemarket any products or
services either by directly posting on the Website or by making unsolicited
contact with any user via email, telephone, text, postal mail or any other
method of communication; (f) advocate illegal activity or discuss an intent to
commit an illegal act; (g) take any action to circumvent or attempt to
circumvent the security and access control measures of the Website; (h) make any
changes, additions and/or deletions to any of the Third Party Content posted by
any user without the express written authorization of such other user; (i)
include any misleading, irrelevant and/or hidden keywords in any Third Party
Content posted by You; (j) frame or link to the Website any of the content or
information available from the Website unless Avaya expressly consents to such
linking and/or framing; (k) intentionally expose the Website to any computer
virus, corrupted data, or any other program or code intended to disrupt or
disable operation of the Website; (l) use any robot, spider or other program or
device to retrieve or index any portion of the Website; (m) harvest or otherwise
collect information about other users for any purpose other than use of the
Website as expressly permitted herein; (n) distribute, reproduce, duplicate,
copy, transfer, modify, license, sell, trade, or resell any content, unless
Avaya expressly agrees otherwise in writing; (o) use any trademark, service
mark, trade name, or logo of any company or organization in conjunction with the
Website in a manner that is likely or intended to cause confusion about the
owner or authorized user of such mark, name, or logo; or (p) engage in any other
conduct that (1) restricts, prevents or inhibits anyone’s use or enjoyment of
the Website, or which, as determined by Avaya, may harm Avaya or users of the
Website or expose them to liability; (2) interferes with, disrupts, disables,
damages, or overburdens the Website or associated servers, networks, or
software; or (3) damages any Avaya or third party property, information or
software, including, without limitation, Avaya’s confidential information and
Third Party Content.
2. Intellectual Property.
2.1. Copyright. Avaya, its suppliers or the original creator of the material own
all copyrights to material on the Website and all other intellectual property
rights related to the Website. To the extent that Avaya has the right to do so
without compensation to third parties, and except for material specifically
provided under other terms, Avaya grants You permission to copy materials on the
Website solely for Your non-commercial use in support of Avaya products. You
agree that any copies of material shall retain all copyright and other
proprietary notices in the same form and manner as the original. You may not,
without Avaya's permission, "mirror" any material contained on the Website or
any other server. All rights not expressly granted are reserved by Avaya and,
except as specified above, nothing contained herein shall be construed as
conferring by implication, estoppel or otherwise any license or right under any
trademark, patent, copyright, mask work protection right or any other
Intellectual Property right of Avaya or any third party. “Intellectual Property
” means any and all: (i) rights associated with works of authorship throughout
the world, including but not limited to copyrights, neighboring rights, moral
rights, and maskworks, (ii) trademark and trade name rights and similar rights,
(iii) trade secret rights, (iv) patents, algorithms, designs and other
industrial property rights, (v) all other intellectual and industrial property
rights (of every kind and nature throughout the world and however designated)
whether arising by operation of law, contract, license, or otherwise, and (vi)
all registrations, initial applications, renewals, extensions, continuations,
divisions or reissues thereof now or hereafter in force (including any rights in
any of the foregoing). You acknowledge and agree that You are expressly
prohibited from using any materials found on this Website to the detriment of
Avaya in any type of patent infringement proceeding. Your failure to comply
with this prohibition constitutes copyright infringement of the materials at
issue. Each instance of noncompliance with this prohibition constitutes a
separate instance of infringement, and subjects You to a payment obligation in
the amount of $150,000 USD per infringement, as liquidated damages and not as a
penalty.
2.2. Trademarks. Avaya and the Avaya logo are trademarks or service marks,
registered or not, of Avaya. Nothing in the Website may be interpreted to grant
to You, directly or indirectly, the use of a trademark or service mark
reproduced on the Website, whether belonging to Avaya or third party suppliers,
without the prior written permission of Avaya. All other trademarks are the
property of their respective owners.
2.3. It is Avaya’s policy to respond to notices of alleged copyright or
trademark infringement that comply with applicable international intellectual
property law (including, without limitation, in the United States the Digital
Millennium Copyright Act) and, where appropriate and at Avaya’s sole discretion,
to terminate the accounts or subscription of repeat infringers. If You would
like to send Avaya an alleged copyright or trademark infringement notice as it
pertains to the Website, go to the following link --
http://support.avaya.com/AvayaCopyrightAgent (or such successor site as
designated by Avaya) and follow the instructions on how to get in touch with
Avaya (if You have trouble accessing this link, then You may contact Avaya for
further information at +1 (908) 953-2044).
3. Communications and Information Provided to Avaya.
3.1. Avaya does not want You to, and You should not, send or post any
confidential or proprietary information to Avaya via the Website (including via
submission of an email, chat message, filling out a service request or any other
method of submission or posting). Unless otherwise agreed to by Avaya in
writing, any submission or posting of Third Party Content or the like by You to
Avaya or the Website shall be deemed to be non-proprietary and non-confidential,
and You otherwise grant Avaya an unrestricted, nonexclusive, worldwide,
royalty-free, irrevocable, transferable license to (in any media now known or
not currently known or invented) under any and all of Your Intellectual Property
rights to record, link to, use, copy, duplicate, reproduce, display, perform,
modify, transmit, distribute, make, have made, sell, and/or otherwise exploit
any and all such Third Party Content or derivative works thereof and to
sublicense those rights through multiple tiers of sublicensees. Notwithstanding
anything herein to the contrary, You hereby assign to Avaya all right, title and
interest worldwide in all Intellectual Property rights in and to any new feature
improvement or idea that You may suggest, post or submit to Avaya relating to
Avaya or third party products, services or Websites (collectively, “Feedback”),
and You acknowledge and agree that Avaya shall be free to use any ideas,
concepts, know-how or techniques contained in such Feedback for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing
products, services or Websites incorporating such information.
3.2. Third Party Content. "Third Party Content" means, collectively: (a) content
and information, including but not limited to Third Party Materials (as defined
in section 5), licensed by Avaya from third parties for display, access, use or
download via the Website, and (b) questions, comments, suggestions, content,
information, material, software, including in partial or complete form or in
source code or binary object code format, or the like posted, uploaded or
submitted to the Website by You or other third party users of the Website. Some
Third Party Content may be licensed by Avaya for use on the Website. Third Party
Content shall be subject to the license set forth above unless otherwise agreed
to in writing by Avaya or such Third Party Content indicates that it is subject
to other terms, in which case such other terms shall apply. You acknowledge that
You are solely responsible for the Third Party Content You post to the Website
and that You, and not Avaya, will have full responsibility for the Third Party
Content You post, including its legality, reliability, appropriateness,
originality and copyright. By posting any Third Party Content to the Website
that contains images, photographs, pictures or that are otherwise graphical in
whole or in part ("Images"), You warrant and represent that (i) You are the
copyright owner of such Images, or that the copyright owner of such Images has
granted You permission to use such Images or any content and/or images contained
in such Images consistent with the manner and purpose of Your use and as
otherwise permitted by the TOU, (ii) You have the rights necessary to grant the
licenses and sublicenses described in the TOU, and (iii) that each person
depicted in such Images, if any, has provided consent to the use of the Images
as set forth in the TOU, including, by way of example, and not as a limitation,
the distribution, public display and reproduction of such Images. No
compensation will be paid with respect to the use of Your Images. Avaya reserves
the right to pre-screen, refuse, flag, filter, or remove any Third Party Content
posted on the Website, including any of Your Third Party Content, which Avaya,
in its sole discretion, deems inconsistent with the TOU, including any Third
Party Content Avaya has been notified or has reason to believe constitutes
intellectual property infringement. Notwithstanding any other provision in the
TOU, Avaya may take any such action(s) without notice or liability to You or any
other party, although Avaya will have no obligation or responsibility to take
any such action or review Third Party Content that is posted on the Website.
Accordingly, Avaya assumes no liability for any action or inaction regarding
transmissions, communications, or content provided by You or any third parties.
AVAYA DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY CONTENT, INCLUDING ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
3.3. Information provided by You via the Website, including by written or oral
communications or other electronic means, may be recorded for quality assurance,
diagnostic and training purposes. By submitting information using the Website,
You consent to such recordation and usage as described in Section 3.1, above.
3.4. Any personal data provided by You will be treated as set forth in Section
12 below.
4. Links. THE LINKS ON THE WEBSITE MAY LET YOU LEAVE AVAYA'S WEBSITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF AVAYA AND AVAYA 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. AVAYA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY
OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. AVAYA IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY AVAYA OF THE SITE. YOUR USE OF ANY LINKED SITE IS AT YOUR
OWN RISK AND IS SUBJECT TO THE TERMS OF USE AND PRIVACY POLICIES LOCATED ON SUCH
SITE.
5. Transactions with Third Parties. Avaya operates an on-line marketplace on
certain of its Websites that allow third party developers to make software or
services (“Third Party Materials”) available to users via the Website. The Third
Party Materials available on these Websites is, in each case, the copyrighted
work of the respective third party developer, and may be subject to license
agreements, terms of use and/or privacy policies of such third party developer.
Avaya does not guarantee the quality, accuracy, legality or safety of Third
Party Materials, nor does Avaya guarantee the ability of third party developers
to provide Third Party Materials or the ability of acquirers to pay for them.
AVAYA DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY MATERIALS, INCLUDING,
BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6. Product or Services Availability. The availability of the products or
services described on the Website, and the product or service descriptions, may
vary from country to country. You should consult the applicable Avaya affiliate
or authorized distributor for availability of specific products or services in
Your area.
7. Export of Information. The United States Export Controls laws prohibit the
export of certain technical data and software to certain territories. No content
from the Website may be downloaded or otherwise exported in violation of United
States law or any other local law from where You may be accessing the Website.
You agree to comply with all United States and foreign Federal, State and local
laws and regulations applicable to the use of the Website. Users residing in
countries on the United States Office of Foreign Assets Control sanction list,
currently including Cuba, Iran, North Korea, Sudan and Syria, or who are a
foreign person or entity blocked or denied by the United States government may
not post or access information or content available through the Website. You
warrant and represent that You are not residing in a country on the United
States Office of Foreign Assets Control sanction list or are a foreign person or
entity blocked or denied by the United States government when posting or
accessing information or content available through the Website.
8. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AVAYA,
ITS RELATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS,
PARTNERS, LICENSORS OR SUPPLIERS MAY NOT, UNDER ANY CIRCUMSTANCES BE HELD LIABLE
FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF (OR THE INABILITY TO USE) THE WEBSITE OR ANY
MATERIAL ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CONTENT. THIS
LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, WHETHER AS A RESULT OF
DIRECT OR INDIRECT DAMAGES, THE LOSS OR CORRUPTION OF DATA, INFORMATION OF ANY
KIND, BUSINESS OR PROFIT OR ANY OTHER COMMERCIAL LOSS, EVEN IF AVAYA WAS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR PERSONAL INJURY CLAIMS AND
WILLFUL MISCONDUCT, IN NO EVENT SHALL AVAYA'S TOTAL LIABILITY TO YOU IN
CONNECTION WITH, ARISING OUT OF OR RELATING TO THE TOU OR THE WEBSITE EXCEED
FIVE HUNDRED DOLLARS ($500). THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN
THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED IN THE TOU IS FOUND
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS SECTION WILL ALSO APPLY TO ANY
LIABILITY OF AVAYA’S RELATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES,
REPRESENTATIVES, AGENTS, PARTNERS, LICENSORS AND SUPPLIERS.
9. Assignment. The TOU may not be assigned or transferred by You without the
prior written consent of Avaya. Avaya may assign the TOU to any affiliate or
third party in part or in whole.
10. Disputes.
10.1. Governing Law. The TOU and any dispute, claim or controversy arising out
of or relating to the TOU ("Dispute"), including without limitation those
relating to the formation, interpretation, breach or termination of the TOU,
will be governed by New York State laws, excluding conflict of law principles,
and the United Nations Convention on Contracts for the International Sale of
Goods. If any provision of the TOU is determined to be unenforceable or invalid,
the TOU will not be rendered unenforceable or invalid as a whole, and the
provision will be changed and interpreted so as to best accomplish the
objectives of the original provision within the limits of applicable law. The
failure to assert any rights under the TOU, including, but not limited to, the
right to terminate in the event of breach or default, will not be deemed to
constitute a waiver of the right to enforce each and every provision of the TOU
in accordance with their terms. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE
PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY
DISPUTE BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS TOU AND/OR
THE USE OF THE WEBSITE.
10.2. Dispute Resolution. Any Dispute will be resolved in accordance with the
provisions of this Section 10. The disputing party shall give the other party
written notice of the Dispute. The parties will attempt in good faith to
resolve each Dispute within 30 days, or such other longer period as the parties
may mutually agree, following the delivery of such notice, by negotiations
between designated representatives of the parties who have dispute resolution
authority.
10.3. Choice of Forum for Disputes. If a Dispute by one party against the other
cannot be settled under the procedures and within the timeframe set forth in
Section 10.2, then either party may bring an action or proceeding solely in
either the Supreme Court of the State of New York, New York County, or the
United States District Court for the Southern District of New York. Each party
to the TOU consents to the exclusive jurisdiction of those courts, including
their appellate courts, for the purpose of all actions and proceedings arising
out of or relating to the TOU.
10.4. Injunctive Relief. Nothing in this section will be construed to preclude
Avaya from seeking provisional remedies, including but not limited to temporary
restraining orders and preliminary injunctions from any court of competent
jurisdiction in order to protect its rights at any time. In addition and
notwithstanding the foregoing, Avaya shall be entitled to take any necessary
legal action at any time, including without limitation seeking immediate
injunctive relief or other equitable relief from a court of competent
jurisdiction, in order to protect Avaya's and it’s supplier’s, partner’s, or
licensor’s intellectual property and confidential or proprietary information
(including but not limited to trade secrets), and no bond or security of any
kind will be required with respect to any such injunction or order.
10.5. Actions on Disputes between the parties with respect to the TOU must be
brought in accordance with this Section 10 within two years after the cause of
action arises.
11. Registration and Access to Password(s) Protected/Secure Areas.
11.1. Prior to gaining access to certain services on the Website, Avaya may
require You to provide certain registration details or other information,
including but not limited to email addresses, and set up a user name and
Password(s) ("Password(s)") as set forth in the account registration procedures
posted on the Website. It is a condition of Your use of the Website that all the
information You provide will be correct, current and complete and that You
promptly update Your registration information as needed. Any user names and
Password(s) used for the Website are for individual use only. You may not use
another user’s or customer’s account. You agree to comply with the procedures
specified by Avaya from time to time regarding obtaining and updating
Password(s) for the Website. You agree to assume sole responsibility for all
activities that occur under Your account and for the security of Password(s)
issued to You. Password(s) are subject to cancellation or suspension by Avaya at
any time, including upon the misuse of the account or breach of the TOU. You
agree to ensure that You will use Your best efforts to prevent any third party
from obtaining Your Password(s), and You shall inform Avaya immediately in
writing of any actual or potential unauthorized use of, breach or access to a
user name, Password(s), account or to the Website.
11.2. Access to and use of Password(s) protected and/or secure areas of the
Website is restricted to authorized users only. You are prohibited from taking
any action to circumvent or attempt to circumvent the security and access
control measures of the Website. Such prohibited conduct includes, without
limitation, any efforts to: (a) log in to an account with a Password(s) not
assigned to You; (b) access personal data not intended for You; (c) test the
security measures on the Website and/or attempt to identify system
vulnerabilities; (d) impersonate any other user of the Website or forge any of
the header information in any posting or tamper with the TCP/IP packet header;
(e) modify, reverse engineer, disassemble, decompile or otherwise attempt or
allow others to attempt to discover the underlying computer code for the
Website; or (f) overwhelm or disable the Website or interfere with the access
and use of the Website by any other user. If You become involved in any
violation of system or Website security, Avaya reserves the right to release
Your details to system administrators or third parties at other sites in order
to assist them in resolving security incidents.
11.3. Unauthorized individuals attempting to access Password(s) protected and/or
secure areas of the Website may be subject to prosecution. Avaya reserves the
right to fully cooperate with any law enforcement authorities or court order
requesting or directing Avaya to disclose the identity of anyone attempting to
access or accessing without authorization Password(s) protected and/or secure
areas of the Website, posting any Third Party Content or other messages or
content, or publishing or otherwise making available any materials that are
believed to violate the TOU. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD
HARMLESS AVAYA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER AVAYA OR LAW ENFORCEMENT AUTHORITIES.
12. Data Privacy.
When You access or use the Website, Avaya might process certain data about You,
Your network and Your device (e.g., email address, phone - extension number,
device IDs, IP addresses, location, etc.). Avaya will keep Your data
confidential and will only use Your data for the purpose(s) identified in the
notice to you prior to personal data collection or, otherwise, as permitted by
applicable law. For more information on data subject rights or in case of any
questions related to Avaya processing personal data, please refer to the
Documentation, the website privacy statement and Avaya’s global privacy website
available at https://www.avaya.com/en/privacy/website/. The terms included
therein apply to this website (www.avaya.com).13. Tools. Avaya support tools,
including, without limitation, SLA MON, SAL, ADS, SIG and OIS (collectively, the
“Tools”) are made available on a revocable, limited license basis by Avaya to
customers purchasing certain of Avaya‘s support offers.
You are advised that the Tools may contain diagnostic capabilities that allow
Avaya, authorized Avaya partners, and authorized customer administrators to
capture packets, run diagnostics, capture key strokes and information from
endpoints including contact lists, and remotely control and monitor end-user
devices. You are responsible for enabling these diagnostic capabilities, for
ensuring Your users are aware of activities or potential activities and for
compliance with any legal requirements with respect to use of the Tools and
diagnostic capabilities on its network, including, without limitation,
compliance with laws regarding notifications regarding capture of personal data,
call recording and wiretapping.
14. Software License Terms. Except for Third Party Material(s) (which is covered
by Section 5), any software You download from the Website (including Tools)
shall be licensed pursuant to the (1) original agreement under which the
applicable software was licensed to You by Avaya, (2) terms and conditions made
available to You when You download or install the software, or (3) if no such
license exists, then the applicable Avaya end user license agreement as posted
at https://support.avaya.com/LicenseInfo (or a successor site designated by
Avaya) and incorporated herein by reference. Avaya in its sole discretion may
from time to time post a successor version of the applicable Avaya End User
License, which will then automatically replace the previously applicable Avaya
End User License with respect to licenses granted as from the date of posting.
15. Forward-Looking Statements. Some of the information on this Website may
contain forward-looking statements. These statements are only predictions based
on our current expectations and projections about future events. Because these
forward-looking statements involve risks and uncertainties, there are important
factors that could cause Avaya's actual results, level of activity, performance
or achievements to differ materially from the results, level of activity,
performance or achievements expressed or implied by the forward-looking
statements. In this regard, You should specifically consider the numerous risks
outlined in our SEC filings.
16. Disclaimers.
16.1. WHILE AVAYA ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE, IT
ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. AVAYA MAY CHANGE
THE INFORMATION ON THE WEBSITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT
NOTICE. MATERIAL, INCLUDING, BUT NOT LIMITED TO, SOFTWARE, TOOLS AND THIRD PARTY
CONTENT, ON THE WEBSITE AND THE WEBSITE ITSELF IS PROVIDED "AS IS" AND AVAYA
DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AVAYA
SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR
FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR
MATERIAL ON THE WEBSITE.
16.2. AVAYA MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS;
(ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE
ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
16.3. ANY MATERIAL, TOOLS OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICES OR LOSS OR
CORRUPTION OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR
SOFTWARE.
16.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
AVAYA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOU.
16.5. Any third party content uploaded, transmitted, expressed, posted or
submitted to the website is solely the opinions and responsibility of the person
or entity submitting the third party content and does not necessarily reflect
the opinions of Avaya. Avaya, its suppliers, and licensors will not be liable in
any way for such third party content and Avaya cannot guarantee the identity of
any other users with whom You may interact in the course of using the website or
the authenticity of the data or information provided by other users.
17. Indemnification. You agree to defend, indemnify and hold harmless Avaya and
its affiliates, representatives, partners, licensors, suppliers, agents,
directors and employees from and against any and all liabilities, claims,
losses, damages, costs and expenses, including attorneys’ fees, whether direct
or consequential (including without limitation any economic loss or other loss
of profits, business or goodwill), that arise out of or in connection with (a)
Your use in any way of the Website, including without limitation in a manner
that is not authorize by the TOU or applicable law; (b) any transaction related
to the acquisition or downloading of Third Party Content; or (c) a breach of the
TOU, including, but not limited to, of any breach of Section 12.2 or
infringement or violation of any intellectual property or other right of any
person or entity in connection with your use of the Website.
18. Agreement in English. The parties confirm that it is their wish that the
TOU, as well as all other documents relating hereto, including all notices, have
been and shall be drawn up in the English language only. Les parties aux
présentes confirment leur volonté que cette convention, de même que tous les
documents, y compris tout avis, qui s'y rattachent, soient rédigés en langue
anglaise.
19. Entire Agreement. This constitutes the entire agreement between the parties
with respect to the Website and its use and, except with respect to Avaya
Websites containing additional or different terms of use, supersedes all prior
agreements, proposals, communications between the parties and understandings,
whether written or oral.
© 2020 Avaya Inc. All Rights Reserved. All trademarks identified by ®, TM, or SM
are registered marks, trademarks, and service marks, respectively, of Avaya Inc.
All other trademarks are the property of their respective owners. Avaya and
other parties may also have trademark rights in other terms used herein.
Avaya UK
1000 Cathedral Square, Cathedral Hill
Guildford, GU2 7YL - UK
+44 1483 308 000
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