The following terms, conditions, restrictions, rules and regulations ("Regulations") apply to all current and future users of this web site. By accessing this web site, you acknowledge and agree to be bound by and comply with these Regulations. If you are dissatisfied with this web site, its content or these Regulations, you agree that your sole and exclusive remedy is to discontinue using the web site.JDS Uniphase Corporation ("JDSU") reserves the right, from time to time and without notice, to change these Regulations at its sole discretion. JDSU reserves the right to seek any and all remedies available at law or in equity for any violations of these Regulations.
Use of the Web Site
By using this web site, you agree that you will access and use the web site in a responsible manner and that you, or any use of the web site by you, will not:
- restrict or inhibit, or attempt to restrict or inhibit any other user from using and enjoying the web site or any content
- be unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent in any way, including without limitation, constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation
- violate or infringe upon the rights of others, including posting, uploading, downloading or transmitting material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder
- impersonate any person or entity, including, but not limited to, a JDSU employee or consultant, or falsely state or otherwise misrepresent your affiliation with a person or entity
- stalk, spam, solicit or otherwise harass any user
- collect or store personal data about other users
- upload or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or use the web site for commercial purposes
- adversely affect the availability of web site resources to others
- cause repeated disruptive incidents or attempt to circumvent user authentication or security of any host, network, or account, including the use of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files
All software made available on this web site ("Software") is owned by and is the copyrighted work of JDSU and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by (i) the terms of the software license agreement, if any, which accompanies or is included with the Software, or if no license terms accompany the software, (ii) the terms of the license agreement which accompanied the original product licensed by you which you are updating, or (iii) the license terms pursuant to then-current JDSU Software License Terms found at www.jdsu.com/terms ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. Any software which you download is governed in accordance with (i) the license terms accompanying the file, (ii), or (iii). You further agree that you will not download any content or software without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.Purchases
By making any purchase from JDSU through this web site, you agree that such transaction is subject to, and that you agree to abide and be bound by, the terms and conditions of then-current JDSU Standard Terms and Conditions found at www.jdsu.com/terms, as applicable, along with any other terms and conditions that you agree to in the course of making your purchase, unless expressly agreed, in writing otherwise by JDSU. You further agree that you will not make any purchase from this web site without complying with all applicable laws and regulations, and you warrant that you will not make any purchases through this web site where such purchase is prohibited by local laws. You acknowledge that all purchases made by you through this web site are for your internal or personal use only, and are not for resale or export.
Ownership and Restrictions on Use
THIS WEB SITE AND THE CONTENTS HEREOF ARE PROTECTED BY COPYRIGHT AND ARE THE SOLE PROPERTY OF JDS UNIPHASE CORPORATION. EXCEPT SOLELY AS EXPRESSLY PROVIDED IN THE NEXT PARAGRAPH, NO PORTION OF THIS WEB SITE OR ANY INFORMATION CONTAINED HEREIN MAY BE USED, COPIED, REPRODUCED, PUBLISHED, TRANSMITTED, DISTRIBUTED, OR MODIFIED, IN ANY FORM OR BY ANY MEANS, NOR MAY DERIVATIVE WORKS BE MADE THEREOF, WITHOUT THE PRIOR WRITTEN PERMISSION OF JDSU.
JDSU hereby authorizes you to copy materials published by JDSU on this web site solely for non-commercial use. No other use of the information is authorized. Without limiting the foregoing, you are not permitted to use, copy, reproduce, publish, transmit, distribute, or modify, or create derivative works of any material found on this web site for any public or commercial purpose. In consideration of this limited authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of JDSU or any third party.
JDSU does not claim ownership of the materials you provide to JDSU in any way, unless otherwise expressly provided. However, by posting, uploading, inputting, providing or submitting any such materials, you are granting JDSU and any necessary sublicensees permission to use your submitted materials in connection with the operation of its business, including, without limitation, the worldwide, royalty-free rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your submitted material. No compensation will be paid with respect to the use by JDSU of your submitted material, as provided herein. JDSU is under no obligation to post or use any material you may provide and JDSU may remove any such material at any time in its sole discretion. By posting, uploading, inputting, providing, or submitting your material you represent that you own or otherwise control all of the rights to your material as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the material. Notwithstanding the foregoing, any suggestions, improvements, or modifications to JDSU products and services ("Enhancements") made by you or anyone acting on your behalf, including your employees, will be the property of JDSU without any further consideration to you, whether or not such Enhancements are incorporated into JDSU products and services.
Limitation of Liability
JDSU assumes no responsibility for the accuracy of the information contained in this web site. JDSU may change the services, programs or products mentioned at any time without notice. Mention of non-JDSU companies, products or services (including, without limitation, links to third-party web sites) is for information purposes only and constitutes neither an endorsement nor a recommendation of any such companies, products or services.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER JDSU, ITS AFFILIATES, SUBSIDIARIES, OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, CONTRACTORS, DISTRIBUTORS, SUPPLIERS, LICENSORS, OR THE LIKE (COLLECTIVELY “SUPPLIERS”) WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE EXPRESSLY DISCLAIMED.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, JDS UNIPHASE CORPORATION AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY JDSU PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF JDSU OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Errors on Our Web Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and JDSU reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
You agree to indemnify, defend, and hold harmless JDSU and its Suppliers from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys fees) that arise directly or indirectly out of or from your activities in connection with the web site or contents, including without limitation any breach of these terms or information made available by you on the web site.
The trademarks, logos and service marks ("Marks") displayed on this web site are the property of JDSU or other third parties. You are not permitted to use any of these Marks without the prior written consent of JDSU or such third party, as applicable. "JDSU" and "JDS Uniphase" are trademarks of JDS Uniphase Corporation.
Compliance with Laws
User access to this web site is governed by applicable federal, state and local laws. Without limiting the foregoing, all information on this web site is subject to United States export control laws and may also be subject to the laws of other countries.
Links to Third Party Web Sites
This web site may contain links to third party web sites. These links are provided solely as a convenience. JDSU does not endorse any third-party web sites. Access to any other web site through any links provided on this web site is at your own risk and JDSU is not responsible for the content of any such web site or the accuracy or reliability of any information, data or other contents thereof.
Access to Certain Areas
Access to certain pages or areas on this web site may be restricted to authorized users only. Unauthorized persons attempting to access any such pages or areas may be subject to prosecution.You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security.
Some of the information on this web site may include or contain "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements include any statements, data or other information regarding future events or the future financial performance of JDSU. Please be advised that these statements involve risks and uncertainties which may cause actual results to differ materially from those projected or predicted in these statements. Some, but not all of these risks and uncertainties are discussed in the documents JDSU files from time to time with the Securities and Exchange Commission, specifically, JDSU's most recent Annual and Quarterly Reports on Form 10-K and Form 10-Q, respectively. You may obtain copies of these documents by contacting our Investor Relations Department.
Termination of Use
JDSU may, in its sole discretion, terminate your account or your use of the JDSU web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. JDSU reserves the right to change, suspend or discontinue all or any aspects of the JDSU web site at any time without prior notice.