Terms Of Use
Welcome to the Foundry Networks Internet Web Site ("Site"). By accessing the Site, you agree to follow and be bound by these terms and conditions ("Terms of Use"), our Privacy Policy, and our Trademarks and Logo Usage Policy (collectively "Conditions of Use"). By downloading any materials from this Site, you agree to these Conditions of Use. If you do not agree to these Conditions of Use, do not use the Site or download any materials from it. Foundry Networks, Inc. ("Foundry") may revise these Conditions of Use at any time without notice to you.
In the case of any violation of these Conditions of Use, Foundry reserves the right to seek all remedies available by law and in equity for such violations. These Conditions of Use apply to all visits to the Foundry Site.
1. Limited License to Use of Materials on the Site
Foundry grants to you a limited license to you to download, view, copy and print materials, including but not limited to documents and graphics, information and data, available on the Site ("Materials") subject to the following: (a) Materials may be used solely for personal, informational and non-commercial purposes; and (b) Materials may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Materials from this Site in whole or in part without the express written authorization of Foundry. In consideration of this limited license, you agree that any copy of Materials shall retain all copyright and other proprietary notices with the same content and form as the original. Except as specified above, nothing contained here shall be construed as conferring by implication, estoppel or otherwise any license or other right under any patent, trademark, copyright or other proprietary right of Foundry or any third party.
2. Termination of License to Materials
If Foundry, in its sole discretion, removes any Materials from this Site, all licenses granted with respect to the removed Materials are immediately terminated without notice to you. If you breach any of these Terms of Use, the limited license granted to you with respect to all Materials shall terminate automatically without notice. As a condition of using the Site, you agree that upon termination, you will immediately destroy all downloaded and printed Materials.
3. Restrictions On Use of the Site and Materials. Prohibited Acts
By using this Site, you agree not to knowingly: (i) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site; (ii) post or transmit to the Site any unlawful, fraudulent, harassing, libelous or obscene information of any kind; (iii) post or send to the Site any information that contains a virus, bug or other harmful item; (iv) publish, perform, distribute, prepare derivative works, copy, reverse engineer or use the Materials (other than as expressly permitted herein); (v) post or transmit into or on the Site any information in violation of another party's intellectual property rights; (vi) take any action which imposes an unreasonable or disproportionately large load on Foundry's infrastructure; (vii) redeliver any of the Materials using "framing," hyperlinks or other technology without Foundry's express written permission; or, (viii) use any device or technology to provide repeated automated attempts to access password-protected portions of the Site.
4. Limited License to Use Software
Any use of software and accompanying documentation you download from the Site is governed by the terms of a written agreement between you and Foundry.
5. Compliance With Applicable Laws; Export Control Laws
You agree to comply with all applicable governmental laws, statutes, ordinances and regulations regarding your use of the Site.
All Materials available on the Site are subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
The Materials are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use of the Materials by the U.S. Government constitutes acknowledgment of Foundry's proprietary rights in them.
6. Proprietary Rights and Intellectual Property
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Foundry or other third parties. You are not permitted to use these Marks without the prior written consent of Foundry or such appropriate third party. Foundry Networks, BigIron, FastIron, IronView, JetCore, NetIron, ServerIron, TurboIron, IronWare, EdgeIron, JetCore, the Iron family of marks and the Foundry Logo as well as others are trademarks or registered trademarks of Foundry Networks, Inc. in the United States and other countries. For further information regarding restrictions on your use of Foundry's trademarks, please see the Trademarks and Logo Usage Policy.
All Materials on the Site are (and shall continue to be) owned exclusively by Foundry or other third party owners and are protected under applicable copyrights, patents, trademarks, trade dress and/or other proprietary rights. Under no circumstances will you acquire any ownership rights or other interest in any Materials by or through your access or use of the Materials. All right, title and interest not expressly granted is reserved to Foundry.
7. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site shall be subject to prosecution.
8. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site and are fully responsible for all activities that occur under your password(s). You agree to notify Foundry immediately of any unauthorized use of your password(s).
9. Termination of Your Use
You agree that Foundry may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Foundry.
10. Performance Information
Performance tests and ratings are measured using specific computer systems and/or components and reflect the approximate performance of Foundry products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. You should consult other sources of information to evaluate the performance of systems or components you are considering purchasing. For more information on performance tests and on the performance of Foundry products, please contact info@foundrynet.com.
11. Legal Disclosure; Forward-Looking Statements
Some of the information on this Site may contain forward looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934 and is subject to the safe harbor created by that section. These forward looking statements are subject to risks and uncertainties that could cause actual events or results to differ materially from those stated or implied by our forward-looking statements. For important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including among others, potential fluctuations in quarterly results, dependence on new product development, rapid technological and market change, acquisition strategy, manufacturing risks, risks associated with Internet infrastructure, volatility of stock price, financial risk management and future growth subject to risks, investors are cautioned to review the risks and uncertainties that are discussed in detail in the Company's most recent Quarterly Report on Form 10-Q and most recent Annual Report on Form 10-K available from Foundry Networks or from the SEC at www.sec.gov.
12. Links to Third Party Sites
This Site may contain links to third party Internet sites. Your access to any other site linked to this Site is at your own risk, and Foundry is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Foundry provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement or recommendation of any kind.
13. General Disclaimer
Although Foundry has attempted to provide accurate information on the Site, Foundry assumes no responsibility for the accuracy of the information. Foundry may make improvements and/or changes in the Materials, including the products, services, programs and prices described in this Site, at any time without notice. Any mention of non-Foundry products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, INCLUDING ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOUNDRY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
FOUNDRY WILL NOT BE LIABLE UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY 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 SITE OR ANY MATERIALS, DAMAGES RESULTING FROM USE OF OR RELIANCE ON MATERIALS, EVEN IF FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR MATERIALS IS TO CEASE ALL OF YOUR USE OF THE SITE. To the extent required by law in other jurisdictions, certain of the above liability limitations or warranty exclusions may not apply to you; in such case, the parties agree that the warranties and the liability of Foundry will be limited to the greatest extent permitted by law.
14. General
This Site is controlled by Foundry from its offices within the United States of America. Any action related to these Terms of Use will be governed by California law and controlling United States federal law. No choice of law rules of any jurisdiction will apply. Foundry makes no representation that Materials on the Site are appropriate or available for use in other countries, and where their content is illegal access to them is prohibited. Those who choose to access this Site from non-US locations do so on their own initiative and are responsible for compliance with all applicable local laws. These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior, contemporaneous, conflicting or additional communications.
15. Contacting Foundry
If you have questions regarding these Terms of Use, please send an email to webmaster@foundrynet.com.