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
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.
Terms, Changes and Updates
Agreement by reference and provide additional terms and conditions. By using
this Web site and accepting this User Agreement, you also acknowledge and
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.
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.
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
regulate the use of its Web site. You acknowledge and agree that Sunrise may
preferences or interest. If you choose not to receive cookies, please adjust
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.
Covenants and Breach
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
- Provide false, inaccurate, or misleading information;
- Upload, post, e-mail, transmit or otherwise provide any information or
material that infringes any patent, trademark, trade secret, copyright,
or other proprietary rights of any third party;
- Upload, post, e-mail, transmit, or otherwise provide any information
or material that is unlawful, harmful, abusive, obscene, libelous, or
- Upload, post, e-mail, transmit, or otherwise provide any information
or material that is unsolicited, unauthorized, or "spam";
- Upload, post, e-mail, transmit, or otherwise provide any information
or material that contains viruses, programs, or other codes designed to
interrupt, destroy or limit the functionality of any computer hardware
or software or Sunrise equipment; or
- Intentionally or unintentionally violate any applicable local, state,
national or international law.
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.
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.
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.
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.
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
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.
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
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.
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
- Exclusive Remedies. The remedies provided herein are your sole
and exclusive remedies.
- Assignment. Rights, duties and obligations in this Agreement
are not assignable by any party.
- Waivers. Sunrise's failure to exercise any of its rights
hereunder shall not constitute or be deemed a waiver or forfeiture of
- Amendments and Changes. No conditions or representations,
altering, detracting from, nor adding to the terms or conditions hereof
shall be valid unless evidenced in writing and signed by both parties.
- Interpretation. You understand and acknowledge that you have
reviewed and understood these terms and conditions. You agree that if
any term or provision herein is deemed unclear or ambiguous, the
interpretation and enforcement of said unclear or ambiguous term or
provision shall not be more strongly construed against Sunrise for
drafting these terms and conditions.
- Severability. If any term or provision is held or deemed to be
void or unenforceable, the rest of the terms and conditions shall be
interpreted and enforced as if said void or unenforceable term or
provision was not contained in this Agreement.
- Statute of Limitations. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to the User Agreement must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
- Violation of this Agreement. Sunrise reserves the right to seek
all remedies available by law and in equity for any violation of this