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Home > Company > User Agreement User Agreement By using our Web site, you acknowledge and agree that you accept these terms and conditions of use. In addition, you accept the terms and conditions in the Privacy Policy and Trademark Guidelines, which are incorporated by reference into this User Agreement ("Agreement"). Please read them carefully. If you do not agree to any of the terms and conditions, please do not use our Web site or access our services.
Additional Terms, Changes and Updates Our Privacy Policy and Trademark Guidelines are incorporated into this Agreement by reference and provide additional terms and conditions. By using this Web site and accepting this User Agreement, you also acknowledge and agree to accept the terms and conditions in our Privacy Policy and Trademark Guidelines. Any of the terms and conditions in this Agreement and any documents incorporated by reference may be amended, changed or deleted at any time at Sunrise’s sole discretion. New terms and conditions may be added at any time and from time to time without any further notice to you. These changes are effective immediately after we post the amended changes on the Web site. You must consistently and periodically review these terms and conditions of use to apprise yourself of the then current provisions and their application to you. In using this Web site, you represent that you are of legal age to form binding contracts under applicable laws. Sunrise does not sell products or provide services to those under the age of 13. This Web site is protected by U.S. copyright law. You acknowledge and agree not to reproduce any portion of the information on this Web site without Sunrise’s prior written consent. You also acknowledge and agree not to modify, distribute, publish, transmit or create derivative works of any information found on this Web site for any reason, public or otherwise. Obtaining Personal Information Your use of this Web site constitutes acceptance of our Privacy Policy. You understand that your use of this Web site may result in personal information being collected and processed by Sunrise. You understand and consent to collection and processing of such personal information. If you do not want any further collection of such information, please immediately terminate your use and do not access this Web site any further. Access to and Transfer of Personal Information Sunrise will not sell, lease, or loan any of your personal information to nonaffiliated third parties without your prior written consent. However, Sunrise makes no other representation regarding the information received or collected during your use of this Web site. Sunrise does not represent that you will later have access to your information in order to delete it or correct any inaccuracies. Sunrise may use "cookies" in connection with operation of its Web site. The use of cookies will allow Sunrise to personalize, monitor, or regulate the use of its Web site. You acknowledge and agree that Sunrise may use cookies to tailor the appearance or presentation of the Web site to your preferences or interest. If you choose not to receive cookies, please adjust your browser setting to refuse cookies. You do not need to have cookies turned on to use our Web site. When you register with Sunrise for an online account or sign up for one of our training courses, you will receive a password and account information upon completing the process. You are responsible for maintaining the confidentiality of the password and account information. You agree to notify Sunrise of any unauthorized use of your password or account, and you agree to exit from your account at the end of each session to preserve the security of your account. Sunrise will not be liable for any loss or damage arising from your failure to comply with this section. You acknowledge and agree not to do any of the following in connection with the use of our Web site, online services, training courses, and /or stores:
You understand that Sunrise may access, retain, and disclose your personal information if required to do so by law if such access, retention, and disclosure is necessary to comply with the legal process, protect the security of its users and the public, undertake your request for customer service, or respond to any third party claims. Non-Personal Information Provided To or Collected By Sunrise You understand that any non-personal information submitted to or collected by Sunrise, including your ideas, notes, drawings or original or creative suggestions, provided through email or otherwise, is not confidential and you hereby transfer, assign and convey all of your right, title and interest in the same to Sunrise. Sunrise shall have the exclusive right to such information and shall have the right to use it in any manner it deems appropriate without prior notice to you and without compensation in any manner to you. Copyright of Web Site and Trademarks Your use of this Web site constitutes acceptance of our Trademark Guidelines. All of Sunrise's Web site is copyright protected by Sunrise, including all graphics, text, design, layout and format. All rights in such material are reserved by Sunrise. "Sunrise Telecom, Inc.", "SunSet," "SunLite" and other marks or logos are all trademarks and tradenames of Sunrise and may not be used or reproduced without the prior written consent of Sunrise and in accordance to a license agreement between you and Sunrise. Please see the Company’s Trademark Guidelines for more information. Sunrise Software and Intellectual Property You acknowledge and agree that our software and services may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Any software posted by Sunrise on this Web site, including future updates, patches for current software or any other software shall be provided solely through a license agreement between you and Sunrise. No ownership in this software shall pass to you. Accordingly, you may not download or install the software until you have read and accepted the terms and conditions in the license agreement. You acknowledge and agree not to modify, change, copy, distribute, sell, transfer, reverse engineer, decompile, disassemble or create derivative works from any of Sunrise's software. In addition, you acknowledge and agree not to modify, sell, distribute, or create derivative works based on our services, software, or products. Sunrise may provide links from our Web site to third party Web sites solely as a convenience to you. Sunrise makes no representations about the information found on other Web sites linked to this Web site. We have not reviewed or approved, do not control, and are not responsible for these third party Web sites' content, services, products, or privacy policies. You acknowledge and agree that Sunrise is not responsible for the availability of such third party Web sites and is not responsible for any content, advertising, products, or any other information on or available from such Web sites. You shall be solely responsible for determining the quality, accuracy, content, nature and reliability of such information. Availability of Products and Services Some products and services listed on our Web site may not be available in your country. Please contact your local sales representative for the availability of products and services of interest to you. Any information, data, software, and other materials available on our Web site are commercial in nature. Use, duplication, or disclosure of these materials by U.S. Government users is subject to the restrictions in (1) the "Commercial Computer Software-Restricted Rights" clause set forth in the Federal Acquisition Regulations System (FARS) at 48 C.F.R. § 52.227-19 or (2) the "Rights in Data-General" clauses set forth in the FARS at 48 C.F.R. § 52.227-14 or 252.227-7013, as applicable. Products, information, and services provided by Sunrise on its Web site may be subject to U.S. export control laws and regulations and/or the laws of the country where you reside. You acknowledge and agree to comply with all such applicable laws and regulations and not use, export, or re-export any products, information or services in violation of such laws and regulations. You agree to indemnify Sunrise and hold Sunrise, its subsidiaries, affiliates, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of 1) your use of this Web site, 2) the information you submit, transmit, or provide, 3) your connection to the use of this Web site, 4) your violation of this Agreement or any documents it incorporates by reference, 5) your violation of any laws or regulations or 6) your violation of any right of a third party. Express Limited Warranty Regarding Sunrise's Products SUNRISE MAKES NO WARRANTY, EXPRESS OR IMPLIED REGARDING ANY OF THE INFORMATION CONTAINED ON THIS WEB SITE. ALL INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS AND SUNRISE DOES NOT WARRANT OR REPRESENT THAT ANY OF THE INFORMATION CONTAINED ON THIS WEB SITE IS CURRENT, ERROR FREE, NON-INFRINGING OR COMPLETE. THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED. SUNRISE DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVERS NOW OR IN THE FUTURE ARE FREE OF VIRUSES OR OTHER HARMFUL BUGS. SUNRISE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUNRISE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THE USE OR ACCESS OF THE INFORMATION CONTAINED ON THIS WEB SITE AND ANY SUBSEQUENT SALE OF ANY OF ITS PRODUCTS, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM OR RELATED TO LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF GOODWILL, INJURY TO REPUTATION, OVERHEAD, DOWNTIME, REPAIR OR REPLACEMENT, OR CHARGE-BACKS OR OTHER DEBITS FROM A CUSTOMER OR ANY CUSTOMER OF A CUSTOMER. SUNRISE'S LIABILITY ON ANY CLAIM OF ANY KIND, INCLUDING NEGLIGENCE, WHETHER AS TO ANY INFORMATION CONTAINED ON ITS WEB SITE OR REGARDING ANY OF ITS PRODUCTS DELIVERED OR FOR NONDELIVERY OF ANY OF ITS PRODUCTS, SHALL IN NO CASE EXCEED THE PRICE PAID FOR THE PROD UCT, MATERIAL, OR SPARE PART THEREOF WHICH GIVES RISE TO THE CLAIM. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. Our Web site may contain predictions or projections of future events, conditions, or other matters that concern or may affect the future financial performance of Sunrise or its family of companies. We caution you that these predictions are subject to substantial uncertainties. As a result, actual events or financial performance may differ materially from our predictions or their implications. Please review the documents Sunrise periodically files with the Securities and Exchange Commission, including the company's most recent Form 10-K and Form 10-Q, to identify important factors that could cause actual performance to differ materially from that predicted or implied by predicted events. In the event any action is taken to enforce or interpret any of the terms and conditions contained on this Web site, the prevailing party, in addition to any other relief which the court may grant, shall be reimbursed for attorneys' fees and actual cost incurred. In addition, the prevailing party shall, as a separate item, also be reimbursed for attorneys' fees and costs incurred in enforcing and recovering under any judgment. This post-judgment attorneys' fees provision is intended to be severable from the other provisions of this Agreement and is intended to survive any judgment and is not to be deemed merged into the judgment. Governing Law, Jurisdiction and Venue This Agreement shall be governed by and construed solely in accordance with the laws of the state of California without regard to its conflict of law provisions. You acknowledge that Sunrise is located in Santa Clara County, California and agree that the exclusive jurisdiction and venue for all actions related to this Web site shall be bought and maintained solely in Santa Clara County, California, United States of America only, Superior Court in San Jose, California for all state court matters and Northern District Court of California, San Jose facility, for all federal court matters.
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