Telecommunications Corps family of web sites including:
(referred to herein as “Comtechtel.com” or “Comtech”)
ACCEPTANCE OF TERMS.
The services that Comtech provides to you are subject to
the right to update the TOU at any time without notice to
you. Your continued use of the services following the posting
of any changes to the TOU constitutes acceptance of those
changes. The most current version of the TOU can be reviewed
located at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its family of web sites, Comtech provides you with
access to a variety of resources, including product manuals,
annual reports, download areas and product information (collectively
Services). The Services also include all of
the content of the Comtech Web sites such as software, documents,
text, logos, graphics, sounds, images, and Web page design.
Use of the Services, including any updates, enhancements,
new features, and/or the addition of any new Web properties,
is subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal
and non-commercial use only. The Services are protected
by copyright, trade dress, trademark, unfair competition,
and other laws. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software,
products or services obtained from the Services. Ownership
of the Services shall at all times remain with Comtech or
its licensors. Comtech reserves all rights not expressly
granted to you. Use of the Services for any purpose not
expressly authorized herein without the prior express written
permission of Comtech is forbidden.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection
and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE
ON THIS WEB SITE.
Any software that is made available to download from the
Services (Software) is the copyrighted work
of Comtech and/or its suppliers. Use of the Software is
governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Software
(License Agreement). An end user is not authorized
to install any Software that is accompanied by or includes
a License Agreement, unless he or she first agrees to the
License Agreement terms.
The Software is made available for download solely for
use by end users according to the License Agreement. Any
reproduction or redistribution of the Software not in accordance
with the License Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED
IN THE LICENSE AGREEMENT, COMTECH HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO
THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, COMTECH MAY MAKE AVAILABLE AS PART
OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE AND/OR DOWNLOAD. COMTECH DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT
DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES
OR IN COMTECH SOFTWARE PRODUCTS.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE
ON THIS WEB SITE.
Permission to use text documents such as white papers, press
releases, datasheets and FAQs (the Documents)
from the Services is granted, provided that (1) the below
copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2)
use of such Documents from the Services is for informational
and non-commercial or personal use only and will not be
copied or posted on any network computer or broadcast in
any media, and (3) no modifications of any Documents are
made. Accredited educational institutions, such as K-12,
universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom requires
express written permission. Use for any purpose inconsistent
with these TOU is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
The term Documents as used above does not include
the design or layout of the Comtechtel.com Web site or any
other Comtech owned, operated, licensed or controlled site,
or other, non-text elements of such sites, such as logos,
graphics, sounds, or images.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN.
COMTECH AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
DISCLAIMER OF WARRANTIES
COMTECH AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE SERVICES FOR ANY PURPOSE. THE
SERVICES ARE PROVIDED AS IS WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING
BUT NOT LIMITED TO ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COMTECH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS
OR OMISSIONS IN THE SERVICES. COMTECH SPECIFICALLY DISCLAIMS
ANY DUTY TO UPDATE ANY OF THE SERVICES. Some states do not
allow the disclaimer of certain warranties, so the above
limitations may not apply to you in all cases.
LIMITATION OF LIABILITY
USE OF THE SERVICES IS AT YOUR SOLE RISK. IN NO EVENT SHALL
COMTECH AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, OR COMPUTER VIRUS OR SYSTEM
FAILURE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR
OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THE SERVICES, OR THE FAILURE
TO PROVIDE THE SERVICES. COMTECH WILL NOT BE LIABLE OR RESPONSIBLE
FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE
ON THE SERVICES. THESE WAIVERS APPLY EVEN IF COMTECH HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL COMTECHS LIABILITY TO YOU FOR ANY DAMAGES, LOSSES,
OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE
AMOUNT, IF ANY, PAID BY YOU TO COMTECH FOR ACCESSING ITS
WEB SITES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF
ANY REMEDY PROVIDED UNDER THESE TOU FAILS OF ITS ESSENTIAL
PURPOSE. Some states do not allow the exclusion of liability
for consequential damages, so the above limitations may
not apply to you in all cases.
FORWARD LOOKING STATEMENTS
CERTAIN INFORMATION IN THE SERVICES AND AVAILABLE ON COMTECHS
WEB SITES CONTAINS FORWARD-LOOKING STATEMENTS, INCLUDING
BUT NOT LIMITED TO, INFORMATION RELATING TO THE FUTURE PERFORMANCE
AND FINANCIAL CONDITION OF COMTECH, THE PLANS AND OBJECTIVES
OF COMTECHS MANAGEMENT AND COMTECHS ASSUMPTIONS
REGARDING SUCH PERFORMANCE AND PLANS THAT ARE FORWARD-LOOKING
IN NATURE AND INVOLVE CERTAIN SIGNIFICANT RISKS AND UNCERTAINTIES.
ACTUAL RESULTS COULD DIFFER MATERIALLY FROM SUCH FORWARD-LOOKING
INFORMATION. COMTECHS FORM 10-K FILED WITH THE SECURITIES
AND EXCHANGE COMMISSION IDENTIFIES MANY OF SUCH RISKS AND
UNCERTAINTIES, WHICH INCLUDE THE
THE IMPACT OF A CONTINUED DOMESTIC AND FOREIGN ECONOMIC
SLOW-DOWN ON THE DEMAND FOR OUR PRODUCTS AND SERVICES, PARTICULARLY
IN THE TELECOMMUNICATIONS INDUSTRY;
RISKS ASSOCIATED WITH OUR MOBILE DATA COMMUNICATIONS
BUSINESS BEING IN AN EARLY STAGE;
OUR POTENTIAL INABILITY TO KEEP PACE WITH RAPID TECHNOLOGICAL
OUR BACKLOG BEING SUBJECT TO CUSTOMER CANCELLATION
OUR SALES TO THE U.S. GOVERNMENT BEING SUBJECT TO
FUNDING, DEPLOYMENT AND OTHER RISKS;
OUR FIXED PRICE CONTRACTS BEING SUBJECT TO RISKS;
OUR DEPENDENCE ON COMPONENT AVAILABILITY, SUBCONTRACTOR
AVAILABILITY AND PERFORMANCE BY KEY SUPPLIERS;
THE HIGHLY COMPETITIVE NATURE OF OUR MARKETS;
OUR DEPENDENCE ON INTERNATIONAL SALES;
THE ADVERSE EFFECT ON DEMAND FOR OUR PRODUCTS
AND SERVICES THAT WOULD BE CAUSED BY A DECREASE IN THE VALUE
OF FOREIGN CURRENCIES RELATIVE TO THE U.S. DOLLAR;
THE POTENTIAL ENTRY OF NEW COMPETITORS IN ALL OF
UNCERTAINTY WHETHER THE SATELLITE COMMUNICATIONS
INDUSTRY OR INFRASTRUCTURE WILL CONTINUE TO DEVELOP AND
THE MARKET WILL GROW;
UNCERTAINTY WHETHER THE INTERNET WILL CONTINUE TO
GROW IN INTERNATIONAL MARKETS;
THE POTENTIAL IMPACT OF INCREASED COMPETITION ON
PRICES, PROFIT MARGINS AND MARKET SHARE FOR COMTECHS
PRODUCTS AND SERVICES;
THE AVAILABILITY OF SATELLITE CAPACITY ON A LEASED
BASIS NEEDED TO PROVIDE THE NECESSARY GLOBAL COVERAGE FOR
OUR MOBILE DATA COMMUNICATIONS SERVICES;
WHETHER WE CAN SUCCESSFULLY IMPLEMENT OUR SATELLITE
MOBILE DATA COMMUNICATIONS SERVICES AND ACHIEVE RECURRING
REVENUES FOR SUCH SERVICES; AND
WHETHER WE CAN SUCCESSFULLY COMBINE AND ASSIMILATE
THE OPERATIONS OF ACQUIRED BUSINESSES AND PRODUCT LINES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account,
you must complete the registration process by providing
us with current, complete and accurate information as prompted
by the applicable registration form. You also will choose
a password and a user name. You are entirely responsible
for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any
and all activities that occur under your account. You agree
to notify Comtech immediately of any unauthorized use of
your account or any other breach of security. Comtech will
not be liable for any loss that you may incur as a result
of someone else using your password or account, either with
or without your knowledge. However, you could be held liable
for losses incurred by Comtech or another party due to someone
else using your account or password. You may not use anyone
elses account at any time, without the permission
of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not
use the Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use
the Services in any manner that could damage, disable, overburden,
or impair any Comtech server, or the network(s) connected
to any Comtech server, or interfere with any other partys
use and enjoyment of any Services. You may not attempt to
gain unauthorized access to any Services, other accounts,
computer systems or networks connected to any Comtech server
or to any of the Services, through hacking, password mining
or any other means. You may not obtain or attempt to obtain
any materials or information through any means not intentionally
made available through the Services.
Comtech makes no representation that the Services are appropriate
or available for use in locations outside the United States,
and accessing the content from territories where such content
is illegal is prohibited. Those who choose to access this
site from locations outside the United States do so at their
own initiative and are responsible for compliance with all
USE OF SERVICES.
The Services may contain e-mail services, bulletin board
services and/or other message or communication facilities
designed to enable you to communicate with others (each
a Communication Service and collectively Communication
Services). You agree to use the Communication Services
only to post, send and receive messages and material that
are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation,
you agree that when using the Communication Services, you
Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk
email, spamming or any duplicative or unsolicited messages
(commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others.
Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene, indecent
or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain
images, photographs, software or other material protected
by intellectual property laws, including, by way of example,
and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own or control
the rights thereto or have received all necessary consent
to do the same.
Use any material or information, including images
or photographs, which are made available through the Services
in any manner that infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any other
similar software or programs that may damage the operation
of anothers computer or property of another.
Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Services
specifically allows such messages.
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot
be legally reproduced, displayed, performed, and/or distributed
in such manner.
Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source
of software or other material contained in a file that is
Restrict or inhibit any other user from using and
enjoying the Communication Services.
Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others,
including e-mail addresses.
Violate any applicable laws or regulations.
Do anything that would create liability for Comtech
or any other person.
Create a false identity for the purpose of misleading
Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of
users of the Services or other user or usage information
or any portion thereof.
Comtech has no obligation to monitor the Communication
Services. However, Comtech reserves the right to review
materials posted to the Communication Services and to remove
any materials in its sole discretion. Comtech reserves the
right to terminate your access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
Comtech reserves the right at all times to disclose any
information as Comtech deems necessary to satisfy any applicable
law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Comtechs sole
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. Comtech does not control or endorse the content,
messages or information found in any Communication Services
and, therefore, Comtech specifically disclaims any liability
with regard to the Communication Services and any actions
resulting from your participation in any Communication Services.
Managers and hosts are not authorized Comtech spokespersons,
and their views do not necessarily reflect those of Comtech.
Materials uploaded to the Communication Services may be
subject to posted limitations on usage, reproduction and/or
dissemination; you are responsible for adhering to such
limitations if you download the materials.
INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless Comtech
and its affiliates, parents, subsidiaries, and their respective
employees, agents, contractors, officers, directors, successors
and assigns from all liabilities, claims, damages and expenses,
including without limitation attorneys fees and costs,
that arise from your use or misuse of the Services.
MATERIALS PROVIDED TO COMTECH OR
POSTED AT ANY COMTECH WEB SITE.
Comtech does not claim ownership of the materials you provide
to Comtech (including feedback and suggestions) or post,
upload, input or submit to any Services. However, by posting,
uploading, inputting, providing or submitting (Posting)
your Submission you are granting Comtech, its affiliated
companies and necessary sublicenses permission to use your
Submission in connection with the operation of their businesses
(including, without limitation, all Comtech Services), including,
without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; to publish
your name in connection with your Submission; and the right
to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of
your Submission, as provided herein. Comtech is under no
obligation to post or use any Submission you may provide
and Comtech may remove any Submission at any time in its
By Posting a Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission
all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
In addition to the warranty and representation set forth
above, by Posting a Submission that contain images, photographs,
pictures or that are otherwise graphical in whole or in
part (Images), you warrant and represent that
(a) you are the copyright owner of such Images, or that
the copyright owner of such Images has granted you permission
to use such Images or any content and/or images contained
in such Images consistent with the manner and purpose of
and the Services, (b) you have the rights necessary to grant
the licenses and sublicenses described in these Terms of
Use, and (c) that each person depicted in such Images, if
any, has provided consent to the use of the Images as set
and not as a limitation, the distribution, public display
and reproduction of such Images. By Posting Images, you
are granting (a) to all members of your private community
(for each such Images available to members of such private
community), and/or (b) to the general public (for each such
Images available anywhere on the Services, other than a
private community), permission to use your Images in connection
of the Services, (including, by way of example, and not
as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate
and reformat your Images without having your name attached
to such Images, and the right to sublicense such rights
to any supplier of the Services. The licenses granted in
the preceding sentences for a Images will terminate at the
time you completely remove such Images from the Services,
provided that, such termination shall not affect any licenses
granted in connection with such Images prior to the time
you completely remove such Images. No compensation will
be paid with respect to the use of your Images.
LINKS TO OR FROM THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE COMTECHS
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF COMTECH
AND COMTECH IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED
SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. COMTECH IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. COMTECH IS PROVIDING THESE LINKS TO YOU
ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY COMTECH OF THE SITE.
No link to Comtechs Web sites may be framed
to the extent such frame contains any sponsorship, advertising,
or other commercial text or graphics, or in a manner that
inaccurately represents the ownership of the Web sites.
All links to the Comtech Web sites must be to one of the
Comtech Web site home pages, listed above. Deep linking
to internal pages of the Comtech Web site is expressly prohibited.
UNSOLICITED IDEA SUBMISSION POLICY.
COMTECH OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS,
NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE
DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS,
OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN COMTECHS
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO COMTECH. SO, PLEASE DO NOT SEND YOUR UNSOLICITED
IDEAS TO COMTECH OR ANYONE AT COMTECH. IF, DESPITE OUR REQUEST
THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL
SEND THEM, PLEASE UNDERSTAND THAT COMTECH MAKES NO ASSURANCES
THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible
on one of Comtechs Web sites in a way that constitutes
copyright infringement, please provide the Comtech Copyright
Agent with the following information:
a. identification of the copyrighted work claimed to have
b. identification of the allegedly infringing material on
the Web site that is requested to be removed;
c. your name, address and daytime telephone number, and
an e-mail address if available, so that Comtech may contact
you if necessary;
d. a statement that you have a good faith belief that the
use of the copyrighted work is not authorized by the copyright
owner, its agent, or the law;
e. a statement that the information in the notification
is accurate, and under penalty of perjury, that the signatory
is authorized to act on behalf of the owner of an exclusive
copyright right that is allegedly infringed; and
f. an electronic or physical signature of the copyright
owner or someone authorized on the owners behalf to
assert infringement of copyright and to submit the statement.
Comtechs Copyright Agent for notice of claims of
copyright infringement on Comtechs Web sites is Robert
Cantone, who can be reached as follows:
Proskauer Rose LLP
New York, NY 10036
Comtech reserves the right to remove any posted submission
which infringes the copyright of any person under the laws
of the United States upon receipt of any such statement
in conformance with 17 U.S.C. § 512(c)(3). United States
law provides significant penalties for submitting such a
CHOICE OF LAW AND FORUM
These TOU shall be governed by and construed in accordance
with the laws of the state of New York, without regard to
such states rules regarding conflicts of laws. By
accessing Comtechs Web sites, you agree that courts
located in New York, New York shall have exclusive jurisdiction
over all claims and actions arising out of or relating to
these TOU and/or your use of the Services, and you further
agree and submit to the exercise of personal jurisdiction
of such courts for the purpose of litigating any such claim
Copyright © 2006 Comtech Telecommunications Corp.,
68 South Service Road, Melville NY 11747
- U.S.A. All rights reserved.
Any rights not expressly granted herein are reserved.