*IMPORTANT LEGAL NOTICE
PLEASE READ THESE TERMS OF USE (OR “TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. SUBJECT TO THESE TERMS, DIALOGIC CORPORATION. AND ITS AFFILIATES AND SUBSIDIARIES ("DIALOGIC", "WE" OR "OUR") PROVIDE ACCESS AND USE OF THIS WEBSITE AND ANY DIALOGIC-OWNED WEBSITE (COLLECTIVELY “THIS WEBSITE” OR “WEBSITE(S)”) TO YOU (AS AN INDIVIDUAL OR LEGAL ENTITY), YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"). THESE TERMS GOVERN YOUR USE OF THE WEBSITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, DRIVERS, GRAPHICS, OR IMAGES) THAT DIALOGIC MAY MAKE AVAILABLE THROUGH THE WEBSITE (COLLECTIVELY “PROPRIETARY MATERIAL”) AND ANY SERVICES THAT DIALOGIC MAY PROVIDE BY, THROUGH OR LINKED TO THIS WEBSITE. THESE TERMS ARE ENTERED INTO BY AND BETWEEN DIALOGIC AND YOU, AND YOU ACKNOWLEDGE AND ACCEPT THEM BY ACCESSING AND/ OR USING THIS WEBSITE. IN THE CASE OF ANY VIOLATION OF THESE TERMS, DIALOGIC RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.
Copyright/Trademark and Other Proprietary Rights
All Proprietary Material on or linked to this website are protected by copyright and all other applicable intellectual property and other proprietary rights and treaties. Ownership of the Proprietary Material is retained by the copyright, intellectual property and/or proprietary right(s) holder(s) and is not transferred to you. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior express permission of Dialogic and/or the relevant right holder. Use of software or drivers from this website is subject to the terms and conditions of any applicable Dialogic License Agreement(s) provided with the respective software or drivers, or, if no license terms accompany the software or drivers, the terms of the license agreement which accompanied the original product licensed by you which you are updating.
Reproduction or redistribution of any Proprietary Material on or linked to this website which is not expressly permitted by Dialogic is prohibited by law and may result in civil and criminal penalties. Should you wish to reproduce or redistribute any such Proprietary Materials, you must first seek written permission from Dialogic's Legal Department at 3300 Côte Vertu Boulevard, Suite 112, St. Laurent, Québec, CANADA H4R 1P8.
Dialogic is concerned about protecting the copyright and IP property rights of others. We urge you to adhere to all applicable copyright laws. We may disable or terminate any user and remove or modify any content on our website at our discretion. If you believe you have a copyright infringement claim resulting from material posted on this website, you may notify us by providing the following information to our designated agent, as required by 17 U.S.C. § 512 of the Digital Millennium Copyright Act:
1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow us to locate the material;
4. Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
5. A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Please provide your notification to our designated agent who may be contacted as follows: Rick Roos, Intellectual Property Counsel, 575 University Avenue, Norwood, Massachusetts 02062 USA (email: rick.roos@dialogic.com; facsimile – 781-449-9009). Please note, however, that general feedback and comments regarding this website should not be provided to this designated agent. Instead, please refer to www.dialogic.com to find the contact information for the appropriate individual, office or department.
Dialogic, Dialogic Pro, Dialogic BUZZ, DialogicONE, Veraz, Brooktrout, I-Gate, ControlSwitch, Cantata, TruFax, SnowShore, Eicon, NMS Communications, PowerMedia, PowerVille, PowerNova, BorderNet, MSaaS, OmniFlow, OmniLite, OmnitNet, OmniScript, OmniView, OmniSip, OmniVox, OmniVox3D, and PowerArchitecture, among others as well as related logos, are either registered trademarks or trademarks of Dialogic Corporation and its affiliates or subsidiaries. The names of actual companies and products mentioned herein are the trademarks of their respective owners. Certain other names, products, and services mentioned herein may be the trademarks or registered trademarks of Dialogic or other organizations and/or entities and, if so, are the sole properties of their respective owners. Nothing on or linked to this website should be construed as granting any license or right to use any trademarks or logos without the prior written permission in each instance of Dialogic Corporation and/or the owner(s) of such other trademarks or logos.
All information on this website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Proprietary Material are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT DIALOGIC'S WEBSITE AND THE CONTENT THEREOF OR LINKED THERETO ARE PROVIDED SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER DIALOGIC CORPORATION, ITS SUBSIDIARIES, ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") GUARANTEES THE TIMELINESS, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF SUCH CONTENT. NONE OF THE COMPANY PARTIES WARRANT THAT DIALOGIC'S WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DIALOGIC'S WEBSITES, THEIR SERVERS, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF DIALOGIC'S WEBSITES AND THE TIMELINESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE CONTENT THEREOF IS ASSUMED SOLELY BY YOU. ALL OF THE COMPANY PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING DIALOGIC'S WEBSITES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AGAINST LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE COMPANY PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF DIALOGIC'S WEBSITES.
Limitation of Liability
Dialogic takes reasonable steps to ensure that the content on or linked to this website is accurate but provides no representations as to the accuracy or completeness thereof. Information on or linked to this website may be changed or updated without notice. Mention of non-Dialogic products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Dialogic also reserves the right to update these Terms of Use from time to time without notice. We recommend that you visit this page on a regular basis to review the current applicable Terms of Use.
Use of this website and the information provided herein is at your own risk. YOUR SOLE REMEDY FOR DISSATISFACTION, IF ANY, WITH DIALOGIC'S WEBSITE IS TO STOP USING THE WEBSITE. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL DIALOGIC BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING: LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; OR STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION THIRD-PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE DIALOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, DIALOGIC WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD-PARTY, WITH THIS LEGAL NOTICE OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS.
THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (i) ANY NEGLIGENCE OR GROSS NEGLIGENCE; OR (ii) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT OR ANY OTHER THEORY OF LEGAL LIABILITY, AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE STATES OR JURISDICTIONS, DIALOGIC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DIALOGIC’S AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED CANADIAN DOLLARS ($100.00).
It is possible that the use or implementation of any one of the concepts, applications, or ideas described in this website or in marketing collateral (including, without limitation, case studies or user stories) or other documentation which may be linked to or accessed from or via this website may infringe one or more patents or other intellectual property rights owned by third parties. Dialogic does not provide any intellectual property licenses with the sale of Dialogic® products other than a license to use such products in accordance with intellectual property owned or validly licensed by Dialogic or its subsidiaries. More detailed information about such intellectual property is available from Dialogic's legal department at 3300 Côte Vertu Boulevard, Suite 112, St. Laurent, Québec, CANADA H4R 1P8. Dialogic encourages all users of its products to procure all necessary intellectual property licenses required to implement any concepts or applications and does not condone or encourage any intellectual property infringement and disclaims any responsibility related thereto. These intellectual property licenses may differ from country to country and it is the responsibility of those who develop the concepts or applications to be aware of and comply with different national license requirements.
Dialogic's website is meant to be accessed by users in countries worldwide and contains no specific restrictions or recommendations on product usage which may be applicable to your country and may contain information which may not be available in your location. Dialogic makes no warranty that the information on or linked to its website is applicable to your specific country. Use case(s) shown and/or described in material on or linked to this website represent one or more examples of the various ways, scenarios or environments in which Dialogic® products can be used. Such use case(s) are non-limiting and do not represent recommendations of Dialogic as to whether or how to use Dialogic products.
The Dialogic products that are featured on this website or in material linked thereto and that are sold by Dialogic or an affiliate or subsidiary thereof are not intended for use in connection with or in furtherance of life saving or life sustaining procedures or processes, critical control or safety systems, or in nuclear facility applications. Dialogic disclaims any express or implied warranty or representation that its products will provide, enable or facilitate access to or for emergency services, such as 911/999/112 or similar emergency call services, or to or for other safety affecting, life-saving, or life-sustaining services, critical control or safety systems, or nuclear facility applications. In the event emergency call access is somehow and/or somewhere available in connection with Dialogic products and/or services, Dialogic further disclaims any express or implied warranty or representation that Dialogic products and/or services will relay - accurately or at all - the device identification number or phone number (also known as an automatic number identification (ANI) or callback) or the location (also known as automatic location information (ALI)) and individual or entity is calling from, to the appropriate emergency response center (also known as a public safety answering point (PSAP)).
Open Source
Dialogic® products may contain software from the open source community that must be licensed under the specific license terms applicable to such software. Further, one or more open source products, systems and/or releases may be discussed on this website or in material linked thereto. Dialogic is not responsible for your decision to use open source in connection with Dialogic® products, nor is Dialogic responsible for any present or future effects such usage might have, including without limitation effects on your products, your business, or your intellectual property rights.
Obligations of User
In consideration of your use of this website, you will provide accurate, current, and complete information about you in any registration form you complete on any Dialogic website. You are entirely responsible for all content that you upload, post or otherwise transmit onto or via this website. You agree not to upload, post or otherwise transmit via this website, any content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Dialogic or other users of this website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) 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. Dialogic reserves the right to edit or remove any content that violates these Terms or that contains third-party commercial advertisements.
You agree that you will not use this website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Dialogic or someone else, or spoof Dialogic's or anyone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content that you upload, post or otherwise transmit onto or via this website; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use this website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; (g) collect or store personal data about other users unless specifically authorized by such users, or (h) remove, obscure, or modify.any copyright, trademark, or other proprietary rights notice from the website.
Login and Password
Access to and use of password protected and/or secure areas of this website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution. In the event that Dialogic provides you with a login and password to access certain portions of this website, you understand and agree that it is your responsibility to keep your login and password confidential. You are solely responsible for all activity, whether authorized or not, occurring through the use of your login and password and you must notify Dialogic immediately of any actual or suspected theft or unauthorized use or disclosure of your login or password.
Links to Other Sites
For your convenience and information, Dialogic periodically allows you to gain access to other third-party sites from this website. Dialogic expressly disclaims any responsibility and makes no representations whatsoever about the quality, nature, or reliability of sites that you may access directly or indirectly through Dialogic's website. A link to a non-Dialogic website does not mean that Dialogic endorses the contents of that website. Dialogic reserves the right to remove any links from Dialogic websites at any time without notice and/or without prior consultation with third parties. DIALOGIC IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY WEBSITE, NOR DOES DIALOGIC MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD-PARTY WEBSITES, AND SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. If you decide to access linked third-party websites, you do so at your own risk. You should direct any concerns to the third-party websites' administrator or webmaster.
Cookies
On the www.dialogic.com website, "cookies" are used to personalize your online experience. Dialogic’s cookies policy is located here: http://www.dialogic.com/en/company/cookies.aspx.
Dialogic Exchange Network and Forums
The Dialogic Exchange Network (http://www.dialogic.com/den/default.aspx) and the developer forums accessible therefrom (http://www.dialogic.com/den/developer_forums/f/default.aspx) are provided as a convenience and Dialogic is not obligated to provide any technical support for, or participate in, the Dialogic Exchange Network (DEN) or such developer forums. The DEN and developer forums are governed by these terms of use and Dialogic’s Privacy Policy, which is accessible at: http://www.dialogic.com/company/privacy.aspx.
Although information pertaining to Dialogic products and/or services may be provided by Dialogic or its employees on the DEN or such developer forums, those areas are not official Dialogic channels.
Your access to the DEN and developer forums is solely at the discretion of Dialogic. The DEN and developer forums are permitted to be used solely for your personal, informational, noncommercial purposes. Any content provided on or through the DEN or developer forums is not permitted to be redistributed elsewhere by you. Personal data or information about other users of the DEN or developer forums is not permitted to be stored or collected, except where expressly authorized by Dialogic.
Dialogic Blogs and Social Media
Individuals who post on or to the Dialogic blog(s), Twitter account, LinkedIn account, Google Plus account and/or Facebook account are expressing their own personal viewpoints and not those of Dialogic or the Company Parties, even if such individuals are employees of or otherwise in privity to Dialogic or a Company Party. Nothing posted in these areas shall be interpreted as official representations, positions, or opinions of Dialogic or Company Parties. Dialogic and Company Parties provide no representations as to the accuracy or completeness of such postings. Mention of non-Dialogic products or services in such postings is for information purposes only and constitutes neither an endorsement nor a recommendation.
Indemnification
You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all actions (including third-party actions and claims), demands, costs, claims, losses, liabilities, damages and expenses, including reasonable legal fees, arising out of any content that you upload, post or otherwise transmit onto, the access to, use, or misuse of this website by you (or any other person using your login and password, if you have one), or from your misrepresentation during or in furtherance of using or accessing this website, or arising in any manner out of your acts or omissions on behalf of or relating to any third-party. Dialogic reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without relieving you of your indemnity obligations, and in that event, you agree to cooperate with our defense of the claim.
Termination
You acknowledge and agree that Dialogic may suspend or terminate your access to and use of this website at any time, with or without cause, in Dialogic's absolute discretion and without notice. These Terms of Use shall continue to apply to all prior use of this website.
No Framing or Linking Allowed
Except as otherwise denoted herein, no part of Dialogic's website may be copied or imitated in whole or in part by any means, including without limitation the use of framing or mirrors. None of the content of Dialogic's website may be retransmitted without the express written advance consent of Dialogic, nor may such content be used on any other website or in any networked computer environment. Dialogic prohibits use of any Dialogic trademark as part of a link to or from any site unless such a link is approved in advance by Dialogic in writing.
Content Submitted to Dialogic's Website
Any responses you make to Dialogic about materials presented on Dialogic's website and any content that you upload, post or otherwise transmit onto or via this website will be non-confidential. By sending Dialogic any such response or uploading, posting or otherwise transmitting any such content you grant to Dialogic an irrevocable unrestricted license to use, reproduce, distribute, and modify such information and you agree that Dialogic is free to use, for any purpose whatsoever, any ideas or concepts contained in your response, upload, post, or transmission. Dialogic has the right, but not the obligation, to monitor this website and to disclose any information as it deems necessary or appropriate, including without limitation, to satisfy any law, regulation or other governmental request, to operate this website, or to protect ourselves or other users of this website. See the Dialogic Privacy Policy for further information.
You also understand that Dialogic has no obligation to respond to information that you provide via this website. Please do not send, upload, post or otherwise transmit to Dialogic any communications containing ideas, concepts, know-how or techniques (collectively, "Unsolicited Communications"). Any such Unsolicited Communications will be considered non-confidential and non-proprietary, and Dialogic and its subsidiaries are free to use such Unsolicited Communications for any purpose whatsoever. By submitting an Unsolicited Communication, you grant to the Company Parties a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, display, distribute, transmit, sublicense, create derivative works from, transfer and sell such Unsolicited Communication.
Permitted Use
Dialogic grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable right to access, use and display this website and the content thereof on any computers or other electronic display device of which you are a user, such right being for your personal or internal business use only and subject to all Terms herein. You agree to use this website and the content thereof only for lawful purposes and as otherwise permitted. No other use of this website or the content thereof is authorized. You are prohibited from any use of Dialogic's website and the content thereof that would constitute an illegal offense, give rise to liability, or otherwise violate any applicable laws, treaties or regulations. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any of such content, in whole or in part. You may print copies of such content, provided that these copies are made only for personal or internal business use and that you maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any such content.
General Provisions
Any claims, disputes or actions arising out of your use of this website and the content hereof, other than action for specific performance or injunctive relief brought by Dialogic, shall be governed by and construed under the laws of the Province of Quebec, Canada with the exception of its provisions as to conflicts of laws and the United Nations Convention on Contracts for the Sale of Goods, and with regard to such claims, disputes or actions, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by the appropriate court of the Province of Quebec, District of Montreal and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Legal Notice is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent possible.
Not all Dialogic® products and services on this website are available in all jurisdictions. If you are using or accessing Dialogic's website from outside of Canada, you are responsible for ensuring that such use is in compliance with the law(s) of all applicable jurisdiction(s).
Revised: July 2019