If You do not have license rights under a continuing agreement executed between You and Calix, then You are hereby granted a limited, non-exclusive, non-transferable license to use the Software solely for Your internal use in connection with Calix Products. All licenses and rights conveyed in this TOU are conditioned upon Your agreement to maintain the Calix Content as Confidential Information as defined below at all times. You also agree that You will comply with all applicable local, state, federal or international laws and regulations in Your access and use of the Calix Portals and Calix Content.
Calix may, at its option at any time, adopt rules for permitted and appropriate use and may update them from time to time on the Calix Portals; You will be bound by any such rules. Calix reserves the right to remove any submitted or posted materials that constitute Objectionable Matter or violate any Calix rules regarding appropriate use, but is not obligated to do so. If You choose to post, submit or make available any information to Calix, You hereby grant to Calix a perpetual, irrevocable, non-exclusive, worldwide, fully-paid up and royalty-free license to freely use such information to maintain, enhance or evaluate the Calix Portals or Calix Content.
You further grant Calix a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Calix Content any suggestion, enhancement request or other feedback provided by You or Users relating to the Calix Content.
You agree not to reverse engineer any component of the Calix Content, including any software or other technology made available through the Calix Portals. You will not use or access the Calix Portals or Calix Content to: 1 build a competitive product or solution, 2 make or have made a product using similar ideas, features, functions or graphics of the Calix Content, 3 make derivative works based upon the Calix Content or 4 copy any features, functions or graphics of the Calix Content.
The Calix Content and any related materials, including Software and documentation, made available through the Calix Portals are subject to United States export laws and regulations, including restrictions on destinations, end users and end use. You must comply with, and may not use any Calix Content or materials made available through the Calix Portals in contravention of, any applicable domestic and international export laws and regulations.
Calix and its suppliers retain all rights, title and interest, including any intellectual property rights in any jurisdiction and whether or not registered, in the Calix Portals and Calix Content. This TOU grants no ownership rights to You. No license is granted to You except as to use of the Calix Portals and Calix Content as expressly stated herein. You agree that You will hold in confidence the Calix Content and any other Confidential Information provided to You by Calix by means that are no less protective than those used for Your own confidential information, which shall not be less than the industry standard of care.
Upon request, You will certify in writing that no copies have been retained by You or Your employees or agents. In case You receive legal process that demands or requires disclosure of any Calix Confidential Information, You will give prompt notice to Calix, to the extent legally permissible, to enable Calix to challenge such demand or seek confidential treatment.
By accessing and using the Calix Portals, You accept the terms of such privacy policy. You represent and warrant that 1 the Calix Portals will not be accessed and the Calix Content will not be downloaded or used in, or transported to, a country that is subject to a U.
Government embargo, or has been designated by the U. Government list of prohibited or restricted parties. You are responsible for all activities that occur under Your User account.
You are responsible for maintaining the security and confidentiality of all Your username and password. A User account may not be shared or used by more than one User. You represent and warrant that You have the legal power and authority to enter into this TOU. You represent and warrant that You have not falsely identified Yourself or provided any false information to gain access to the Calix Portals and Calix Content.
In case of any claim that is subject to indemnification under this TOU, Calix as indemnitee will provide You reasonably prompt notice of the relevant claim. Calix does not guarantee or provide any warranty of any kind as to features or qualities of the Calix Portals or Calix Content. Any warranties that Calix may provide are applicable only if and to the extent expressly stated in writing in an agreement executed between You and Calix. No warranties or undertaking shall be implied by any User based on any marketing or other materials in the Calix Portals or Calix Content.
Unless prohibited by applicable law, this TOU will be interpreted fairly in accordance with its terms in accordance with the laws of the State of California and applicable US federal law without regard to choice or conflicts of law rules.
You agree that the state and federal courts located in the county of San Francisco, California, USA will have exclusive jurisdiction and venue over any dispute or controversy arising from or relating to this TOU or its subject matter.
Notwithstanding the foregoing, You agree that Calix reserves the right to seek injunctive or equitable relief as may be applicable in any court of competent jurisdiction.
This TOU may be enforced by and is binding on permitted successors and assigns. If any provision of this TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between You or any User and Calix as a result of this TOU or use or access to the Calix Portals or Calix Content. The failure of Calix to enforce any right or provision in this TOU will not constitute a waiver of such right or provision unless acknowledged and agreed to by Calix in writing.
This TOU comprises the entire agreement between You and Calix and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, regarding the subject matter contained herein. Calix, Inc. Please read the TOU carefully as it is legally binding. If You are accessing the Calix Portals in Your capacity as an employee of a company or other legal entity, Your acceptance shall be deemed as made on behalf of and binding upon such company or other legal entity.
If You are accepting these terms on behalf of another person or a company or other legal entity, you represent and warrant that You have full authority to act for and to bind that person, company, or legal entity to these terms.
Changes will apply prospectively from the date posted or notified by Calix. Your continued access and use of the Calix Portals after the changes are posted indicate Your acceptance of such changes. Calix Portals contain confidential and proprietary Calix owned information, materials and other content that Calix is willing to share only with authorized Users.
If you are a Calix reseller, User may include one or more direct customers, provided such customer is specified in an executed Calix reseller agreement with You. Calix will provide You access to the Calix Portals and use of the Calix Content only for Your use in connection with Calix Products purchased from Calix or through an authorized Calix partner.
You may download, view, store, print and otherwise display the Calix Content in connection with the foregoing permitted uses. You may not sell, distribute, transmit, resell, license, transfer, rent or lease the Calix Portals or Calix Content, except that You may additionally use the Calix Content to the extent of any license, authorization or other rights under any agreement executed between You and Calix for the purchase, evaluation or use of Calix Products for the term of such agreement.
All software made available on the Calix Portals is the copyrighted work of Calix and any use outside of the scope of license granted in this TOU is an infringement of such rights. If You do not have license rights under a continuing agreement executed between You and Calix, then You are hereby granted a limited, non-exclusive, non-transferable license to use the Software solely for Your internal use in connection with Calix Products. All licenses and rights conveyed in this TOU are conditioned upon Your agreement to maintain the Calix Content as Confidential Information as defined below at all times.
You also agree that You will comply with all applicable local, state, federal or international laws and regulations in Your access and use of the Calix Portals and Calix Content. Calix may, at its option at any time, adopt rules for permitted and appropriate use and may update them from time to time on the Calix Portals; You will be bound by any such rules. Calix reserves the right to remove any submitted or posted materials that constitute Objectionable Matter or violate any Calix rules regarding appropriate use, but is not obligated to do so.
If You choose to post, submit or make available any information to Calix, You hereby grant to Calix a perpetual, irrevocable, non-exclusive, worldwide, fully-paid up and royalty-free license to freely use such information to maintain, enhance or evaluate the Calix Portals or Calix Content. You further grant Calix a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Calix Content any suggestion, enhancement request or other feedback provided by You or Users relating to the Calix Content.
You agree not to reverse engineer any component of the Calix Content, including any software or other technology made available through the Calix Portals. You will not use or access the Calix Portals or Calix Content to: 1 build a competitive product or solution, 2 make or have made a product using similar ideas, features, functions or graphics of the Calix Content, 3 make derivative works based upon the Calix Content or 4 copy any features, functions or graphics of the Calix Content.
The Calix Content and any related materials, including Software and documentation, made available through the Calix Portals are subject to United States export laws and regulations, including restrictions on destinations, end users and end use. You must comply with, and may not use any Calix Content or materials made available through the Calix Portals in contravention of, any applicable domestic and international export laws and regulations.
Calix and its suppliers retain all rights, title and interest, including any intellectual property rights in any jurisdiction and whether or not registered, in the Calix Portals and Calix Content. This TOU grants no ownership rights to You.
No license is granted to You except as to use of the Calix Portals and Calix Content as expressly stated herein. You agree that You will hold in confidence the Calix Content and any other Confidential Information provided to You by Calix by means that are no less protective than those used for Your own confidential information, which shall not be less than the industry standard of care.
Upon request, You will certify in writing that no copies have been retained by You or Your employees or agents.
In case You receive legal process that demands or requires disclosure of any Calix Confidential Information, You will give prompt notice to Calix, to the extent legally permissible, to enable Calix to challenge such demand or seek confidential treatment.
By accessing and using the Calix Portals, You accept the terms of such privacy policy. You represent and warrant that 1 the Calix Portals will not be accessed and the Calix Content will not be downloaded or used in, or transported to, a country that is subject to a U.
Government embargo, or has been designated by the U. Government list of prohibited or restricted parties. You are responsible for all activities that occur under Your User account. You are responsible for maintaining the security and confidentiality of all Your username and password. A User account may not be shared or used by more than one User. You represent and warrant that You have the legal power and authority to enter into this TOU. You represent and warrant that You have not falsely identified Yourself or provided any false information to gain access to the Calix Portals and Calix Content.
In case of any claim that is subject to indemnification under this TOU, Calix as indemnitee will provide You reasonably prompt notice of the relevant claim. Calix does not guarantee or provide any warranty of any kind as to features or qualities of the Calix Portals or Calix Content.
Any warranties that Calix may provide are applicable only if and to the extent expressly stated in writing in an agreement executed between You and Calix. No warranties or undertaking shall be implied by any User based on any marketing or other materials in the Calix Portals or Calix Content. Unless prohibited by applicable law, this TOU will be interpreted fairly in accordance with its terms in accordance with the laws of the State of California and applicable US federal law without regard to choice or conflicts of law rules.
You agree that the state and federal courts located in the county of San Francisco, California, USA will have exclusive jurisdiction and venue over any dispute or controversy arising from or relating to this TOU or its subject matter. Notwithstanding the foregoing, You agree that Calix reserves the right to seek injunctive or equitable relief as may be applicable in any court of competent jurisdiction. This TOU may be enforced by and is binding on permitted successors and assigns.
If any provision of this TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between You or any User and Calix as a result of this TOU or use or access to the Calix Portals or Calix Content. The failure of Calix to enforce any right or provision in this TOU will not constitute a waiver of such right or provision unless acknowledged and agreed to by Calix in writing. This TOU comprises the entire agreement between You and Calix and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, regarding the subject matter contained herein.
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