Metaswitch Terms of Use

Terms of use

Metaswitch Networks Ltd. a limited company with a place of business at 33 Genotin Road, Enfield, EN1 2AG, UK (“Metaswitch”) welcomes you as a user of its Online Services. This agreement contains the terms and conditions that you agree to in exchange for access to the Online Services (the “Agreement”). If you do not agree to these terms, then you must immediately cease your use of the Online Services.

Therefore, by continuing to use this website you and Metaswitch hereby agree to the following:

Definitions
1. “Online Services” means every website that you access which is owned or operated by Metaswitch, including www.metaswitch.com and its subdomains, and any Metaswitch services that you access through such websites.
2. “Online Material” means all content downloaded, uploaded or otherwise accessed by you in any manner from any of the Online Services. Such material includes documentation, code, marketing materials, online postings, pictures, sounds and videos whether such materials were originally created by Metaswitch, a user of the Online Services or any other party.
3. “Employer” means the entity that employs you, if any, when you are accessing the Online Services within the scope your duties to that employer.
Permission to Access Online Services
1. Metaswitch grants you permission to access its Online Services using a web browser and through any other methods officially supported by the Online Services, provided that your use is always subject to the terms of this Agreement.
Rights to Online Material
1. As between you and Metaswitch, you agree that Metaswitch owns all interest and title to all Online Materials, excluding Online Materials submitted by you under section 3(b), and that no ownership to any Online Materials is given to you under this Agreement. Metaswitch grants you a non-exclusive, non-transferable and revocable license to use such Online Materials for personal commercial and non-commercial use, provided that you shall not sell, transfer or otherwise distribute the Online Materials to any third party, except you may distribute the Online Materials to other employees of your Employer subject to the restrictions of this Section 2(a) and only when each employee has separately agreed to these terms and that agreement remains in effect.
2. When you submit Online Materials to Metaswitch you grant Metaswitch a worldwide, royalty-free, irrevocable license to use such Online Materials without restriction in any manner, including a license to use, store, reproduce, modify, publish, publicly perform, sublicense, sell, and distribute such Online Materials.
3. An alternative license for any specific Online Material expressly provided in writing by Metaswitch shall prevail over the terms of the license in Section 3(a).
Your Representations and Warranties
1. You represent the following and shall immediately cease using the Online Services during any period in which any of the following not true:
  1. All information that you provide to Metaswitch, whether as part of your registration or during your use of the Online Services, is accurate to the best of your knowledge.
  2. You are not using the Online Services for any unlawful purpose.
  3. You are entitled to grant Metaswitch the license described in Section 3(b).
  4. You will immediately notify Metaswitch in writing if your Employer changes.
  5. You are authorized by your Employer to use the Online Services, are only using the Online services within the scope of your employment with the Employer and your Employer is responsible for your use.
  6. You will not hack, disrupt, impair or otherwise interfere with the operation of the Online Services or any other Metaswitch system.
No Warranty for Online Material
1. Metaswitch provides all Online Materials on an AS IS basis without any warranty, express or implied. Without limiting the generality of the foregoing, Metaswitch specifically disclaims any warranty of non-infringement, merchantability, accuracy or fitness for a particular purpose to the extent permitted by law.
Limitation of Liability.
1. To the maximum extent permitted by applicable law, in no event will Metaswitch, its affiliates or their representatives be liable for any indirect, special, punitive, consequential or incidental damages arising from or related to this Agreement. In addition to the foregoing limitation, Metaswitch, its affiliates and their representatives total cumulative liability for any claim arising from or related to this Agreement, whether based on contract law or otherwise, shall not exceed two hundred and fifty US dollars. To the extent that applicable law restricts or limits the limitation of liability provided in this Section 6 the provisions shall apply to the maximum extent permitted by such law.
Confidentiality
1. If you receive any materials from this website that are marked as confidential or proprietary then you shall not disclose those materials to any third party. However, if you and Metaswitch or, alternatively, your Employer and Metaswitch have executed a separate written agreement defining confidentiality obligations for such material then the terms of that agreement prevail.
Choice of Law and Venue
1. The laws of California, U.S.A., excluding California’s conflict of laws rules, shall apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to this Agreement or the Online Services will be litigated exclusively in the federal or state courts of San Francisco County, California, USA. You and Metaswitch consent to personal jurisdiction of those courts.
Additional Provisions
1. Metaswitch reserves the right to modify the terms of this Agreement, provided that such modifications shall not be applied retroactively. You agree to review the terms of this Agreement periodically and abide by the most recent provisions.
2. Either party may terminate this Agreement at its discretion. Upon termination, you must immediately cease your use of all Online Services and any license to Online Materials under Section 3(a) shall immediately terminate. Sections 3(b), 5, 6, 7 and 8 shall survive termination.
3. Your use of the Online Services and the use of information that you provide to Metaswitch is governed by the Metaswitch Privacy Policy available at http://www.metaswitch.com/legal/privacy.
4. If you are using these services on behalf of an Employer, you and you, on behalf of your Employer, accept these terms.
5. If any term or provision of this Agreement is unenforceable, such unenforceable term shall be removed, not affect any other portion of the Agreement and shall not render the Agreement as a whole unenforceable.