Terms of Use
Acceptance of Terms
By accessing this site (our site), you acknowledge that you have
read and accept the Terms of Use set out below. If you do not accept these Terms of Use,
you must leave the site immediately.
Information about us
www.metaswitch.com is a site operated
by Metaswitch. Our contact details and registration information
are found at Legal Notices.
Intellectual Property Rights
We own or license all intellectual property rights in our site and in
the material published on it. Those works are protected by international treaties
and intellectual property laws. You are permitted to view, copy and print material
from the site for your personal, non-commercial use only provided that you
(i) acknowledge Metaswitch as the source (ii) do not modify the text or images
in any way and (iii) keep intact all copyright notices.
All other use of and/or copying of this site and its contents is prohibited.
Third Party Copyrights
Metaswitch is committed to respecting the intellectual property rights of others
and we ask that the users and visitors to our website do the same.
Metaswitch may, in its sole discretion, terminate the accounts or access rights
of users or visitors who violate the intellectual property rights of Metaswitch
and others.
Service access
While Metaswitch endeavours to ensure that the site is normally available
24 hours a day, Metaswitch shall not be liable if for any reason the site
is unavailable at any time or for any period.
Posting and submission of information
Other than personal information, which is covered under our
Privacy Policy, any material you transmit or post to the site
shall be considered non-confidential and non-proprietary. Metaswitch may share
or otherwise use your material for any purpose whatsoever.
You may use our site only for lawful purposes. You are prohibited from posting
or transmitting to or from the site any material that is unlawful, technically harmful,
malicious, in breach of third party intellectual property rights, threatening,
defamatory, obscene, or is otherwise offensive.
You warrant that any material you upload to our site or make available
to other users of our site complies with these Terms of Use and you indemnify us
for any breach of that warranty.
We will not be responsible, or liable to any third party, for the content or accuracy
of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site.
Reliance on information posted
Commentary and other materials posted on our site are not intended
to amount to advice on which reliance should be placed. We therefore disclaim
all liability and responsibility arising from any reliance placed on such materials
by you, or anyone who may be informed of any of its contents.
Links to and from other websites
This site may contain links to third party sites for your convenience.
We have no control over those sites or resources, and accept no responsibility
for them or for any loss or damage that may arise from your use of them.
Access to our site
You will need a user name and password to access certain parts of this site.
You must not share your user name and password with any other person,
nor with multiple users on a network. We may disable any user identification code
or password, whether chosen by you, or allocated by us, at any time,
if in our opinion you have failed to comply with any of the provisions
of these Terms of Use.
Termination of use
We may, at our option, terminate, without notice and with or without cause,
your access to the site, without prejudice to our rights.
Disclaimer
While we endeavour to ensure that the information on the site is correct,
we do not warrant the accuracy and completeness of the material on the site.
We may make changes to the material on the site, at any time without notice.
The material on the site may be out of date and we make no commitment
to update such material. Information and material on this site is provided
"as is" and does not constitute a warranty of any kind, either express
or implied. This includes but is not limited to, implied warranties
of merchantability, fitness for a particular purpose, and non-infringement.
Except where prohibited by law, this disclaimer also includes any express
or implied warranties arising from any course of dealing, usage, or trade practice.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, METASWITCH AND ANY METASWITCH AFFILIATES
AND SUBSIDIARIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS
OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY LOSS OR DAMAGE
THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT,
INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS,
GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM
OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT
(INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE)
IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE,
INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY SITES LINKED TO THE SITE
OR THE MATERIAL ON SUCH SITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE
DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA
OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE
OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY SITES LINKED TO THE SITE.
THIS DOES NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM
OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION,
NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Information about you and your visits to our site
We process information about you in accordance with our
Privacy Policy. By using our site you consent to
such processing and you warrant that all data provided by you is accurate.
Export Laws
You may not use this site or export information and materials in violation of
any applicable laws or regulations including, without limitation, the United States
export laws and regulations.
Variations
We may revise these terms of use at any time by amending this page.
You must check these pages regularly as any amendments are binding on you.
Some of the provisions contained in these Terms of Use may also be superseded
by provisions or notices published elsewhere on this site.
Governing law and jurisdiction
These Terms of Use shall be governed by and construed in accordance with
English law. The English Courts will have exclusive jurisdiction over any claim
arising from, or related to, a visit to our site although we retain the right
to bring proceedings against you for breach of these conditions in
your country of residence or any other relevant country.