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Terms and Conditions of Use
Copyright 2001-2012, WiMAX Forum. All rights reserved.
Use of this Web site is conditioned upon your acceptance of the terms
and conditions below. By using this Web site, you acknowledge that you
agree to these terms and conditions. These terms and conditions are
subject to change from time to time, so you should review them for
changes periodically. Use of the Web site after such changes constitutes
your acceptance of the terms and conditions in effect at the time of
such use.
RESTRICTIONS ON USE OF MATERIALS
This Web site is owned and operated by the WiMAX Forum.
Except as expressly authorized, no material from this Web site or any
Web site owned, operated, licensed, or controlled by the WiMAX Forum may
be downloaded, copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may download one
copy of the materials on any single computer for your internal
non-commercial use only, provided that you keep intact all copyright and
other proprietary notices. Modification of the materials or use of the
materials for any other purpose is a violation of the WiMAX Forum’s
copyright and other proprietary rights. For purposes of these terms, the
use of any such material on any other Web site or networked computer
environment is prohibited. Any product, process or technology described
in this Web site may be the subject of other intellectual property
rights reserved by the WiMAX Forum or its members and is not licensed to
you hereunder.
LIMITED ACCESS AREAS
Certain areas of the Web site are password protected and
available only to users whom the WiMAX Forum has given special access
privileges. You agree that you will not attempt to access these areas
unless the WiMAX Forum has provided you with access privileges and that
you will not attempt to access materials and information within the
limited access area that are outside of scope of the access privileges
that the WiMAX Forum has granted you.
LINKS TO OTHER SITES
As part of its activities, the WiMAX Forum provides links to
the Web sites of its members and other sites that it believes may offer
useful information that is related to its mission. These sites are not
affiliated with the WiMAX Forum. The WiMAX Forum is not responsible for
the content of such other sites and shall not be liable for any damages
or injury arising from users’ access to such sites. In addition, those
sites are not subject to these terms and conditions or any additional
policy that the WiMAX Forum may implement from time to time. You are
responsible for determining the applicable use terms and policies, if
any, that may apply to your use of those sites.
LINKS TO THIS WEB SITE; WEB SERVICES
Subject to any additional rights or restrictions set forth
in any separate linking agreements regarding this Web site that you may
have entered into with the WiMAX Forum, you may provide links to this
Web site provided that you adhere to the following requirements: (i) any
link to the Web site must be a text only link clearly marked “WiMAX
Forum Web site,” (ii) the appearance, position and other aspects of the
link may not be such as to damage or dilute the goodwill associated with
the WiMAX Forum names or its marks, (iii) the link must “point” to
“www.wimaxforum.org” and not to other pages within the Web site, (iv)
the appearance, position and other attributes of the link may not create
the false appearance that your organization or entity is sponsored by,
affiliated with, or associated with the WiMAX Forum, (v) when selected
by a user, the link must display the Web site on full-screen and not
within a “frame” on the linking Web site, and (vi) the WiMAX Forum
reserves the right to revoke its consent to the link at any time and in
its sole discretion.
You may not access any page on this Web site or any information or
data contained on or accessible through this Web site for the purpose of
providing any form of service for your internal use or for the use of
any third party unless you have entered into a written agreement, such
as a portal agreement, with the WiMAX Forum for this purpose.
WiMAX FORUM INFORMATION
The WiMAX Forum has developed this Web site as a service to
its members and the general public. It endeavors to keep the information
on the Web site up to date. However, the information may nevertheless
become out of date over time. The WiMAX Forum shall not be liable for
any inaccuracy or incompleteness of this Web site or for the failure to
update the information contained on this Web site.
THIRD-PARTY INFORMATION, MATERIALS AND SUBMISSIONS
This Web site may contain information and materials that
third parties have provided to the WiMAX Forum (“Third-Party Content”).
The WiMAX Forum does not independently verify Third-Party Content, makes
no representation as to its accuracy, and assumes no responsibility for
your use of the Third-Party Content and any consequences of that use,
including, without limitation, any damages, injuries or results that may
result from its use.
Submissions by visitors to this Web site, including feedback data
such as questions, comments, suggestions regarding the content of the
material on this Web site shall be deemed to be non-confidential and in
the public domain. The WiMAX Forum shall have no obligation of any kind
with respect to such submission and shall be free to reproduce, use,
disclose, and distribute the information that such submissions contain
to others without limitation. Potential uses may include, without
limitation, use of ideas, concepts, know-how or techniques contained in
such information for any purpose whatsoever, such as, for example
developing, manufacturing and marketing products incorporating such
information.
The foregoing paragraph does not apply to submissions that the WiMAX
Forum expressly makes subject to additional restrictions or to any
submissions by members that are subject to special agreements or rules
of membership.
You may not under any circumstance or in any manner post or transmit
to or from this Web site any materials that are unlawful, threatening,
libelous, defamatory, obscene, pornographic, or that would otherwise
violate any law or injure any person or entity.
Use of personal information that is submitted to this Web site is governed by the WiMAX Forum Privacy Policy.
NO WARRANTY
THE INFORMATION AND MATERIALS IN THIS WEB SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE WiMAX FORUM
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. THE WiMAX FORUM DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
WiMAX FORUM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE
LAW MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, SO PORTIONS
OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
GOVERNMENT USERS
The materials, information and data on this Web site are
prepared entirely at private expense and are “commercial items” as that
term is defined in 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and
48 C.F.R 227.7202-1 through 227.7202-4, use by the United States
government of this Web site is subject to the limitations in these terms
and conditions.
TRADEMARKS
"WiMAX", "Mobile WiMAX," "Fixed WiMAX," "WiMAX Forum," "WiMAX Certified," "WiMAX Forum Certified," “WiGRID,” the WiMAX Forum logo,
the WiMAX Forum Certified logo and the WiGRID logo are trademarks or registered trademarks of the WiMAX Forum.
All other trademarks are the properties of their respective owners.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE SHALL THE WiMAX FORUM BE LIABLE FOR
ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE,. THE INFORMATION OR MATERIALS IN THIS WEB
SITE, EVEN IF THE WiMAX FORUM OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE WiMAX
FORUM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO THE WiMAX FORUM, IF
ANY, FOR ACCESSING THIS WEB SITE. Applicable law may not allow the
limitation or exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
TERMINATION
These terms are effective until terminated by either party.
You may terminate these terms at any time by destroying all materials
obtained from any and all WiMAX Forum site(s) and all related
documentation and all copies and installations thereof, whether made in
accordance with these terms and conditions or otherwise. These terms and
conditions will terminate immediately without notice from the WiMAX
Forum if in the WiMAX Forum's sole discretion you fail to comply with
any term, condition or provision of these terms and conditions. Upon
termination, you must destroy all materials obtained from this Web site
and any and all other site(s) of the WiMAX Forum and its affiliates and
all copies thereof, whether made in accordance with these terms and
conditions or otherwise.
JURISDICTION AND OTHER MATTERS
This Web site is controlled and operated by the WiMAX Forum
from its offices within the State of California, United States of
America. The WiMAX Forum makes no representation that materials in the
Web site are appropriate or available for use in other locations. Those
who choose to access this Web site from other locations do so on their
own initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable.
These terms shall be governed by and construed in accordance with the
laws of the State of California as applied to agreements entered into
and fully performed therein by residents thereof. You agree that any
action at law or in equity arising out of or relating to these terms
shall be filed only in the state or federal courts located in the County
of Santa Clara, California and you hereby consent and submit to the
personal jurisdiction of such courts for the purposes of litigating any
such action. If any provision of these terms shall be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. This is the entire agreement
between us relating to the subject matter herein and shall not be
modified except in writing, signed by both parties.
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