Notice About Dispute Resolution: These Terms contain provisions on binding arbitration of disputes on an individual which will be binding on you. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. Use of Site.
EXFO Inc., including its affiliates ("EXFO" or “we”) authorizes you to view and download the materials at this website ("Site") solely for non-commercial use within your organization to acquire, use, and support EXFO products and services, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are the intellectual property and copyrighted works of EXFO or a third-party provider and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. EXFO does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. All rights, title and interest not expressly granted with respect to the Site and materials are reserved. If you breach these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Additional terms and conditions may apply to your use of forums and additional services available through this Site. Such terms and conditions are available for your review and acceptance before your use of such forum or additional service, as the case may be.
2. Use of Software.
If you download software from this Site, use of the software is subject to license terms applicable to the software. You may not download or install the software until you have read and accepted the applicable license terms.
3. User Submissions.
Any information, material or communication you transmit to or through this Site shall not be held in confidence by EXFO ("Submissions"). By transmitting Submissions, you grant EXFO an unrestricted, perpetual and irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those Submissions for any and all commercial or non-commercial purposes. You also agree that EXFO is free to use any ideas, concepts, know-how, or techniques that you transmit for any purpose. You are prohibited from transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any law or any third party's intellectual property rights. EXFO may, but has no obligation to remove Submissions that include any material it deems in its sole discretion to be abusive, defamatory, obscene, offensive, threatening, libellous, pornographic or otherwise unacceptable or that violates any third party’s intellectual property rights or these Terms. EXFO, however, will have no liability related to the content of any such Submissions, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. To the extent permitted by law, you agree to indemnify and hold EXFO and its affiliates and each of their respective shareholders, directors, officers and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Submissions you transmit or otherwise make available through this Site, your use of this Site or violation of these Terms.
You agree to receive all communications, correspondences, and notices that we provide in connection with our Site, including any EXFO Software Service, including, but not limited to, marketing and promotional messages related to us or the EXFO Software Services, correspondence regarding our delivery of the EXFO Software Services, and providing you information related to your purchase of or subscription to the EXFO Software Services (“Communications”), via electronic means, including by e-mail, text, in-product notifications, push notifications, or by posting them on or making them otherwise available through the Site. To the fullest extent permitted under applicable laws, you agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and you agree to the extent you are a customer to keep your account contact information current. At any time, you can opt out of our email marketing and promotional messages sent to you by following the “Unsubscribe” link.
EXFO’s User privacy notice applies to your use of this Site and is incorporated into these Terms by reference. Personally identifiable information that you submit to EXFO will be handled in accordance with said User privacy notice.
6. Links to Other Websites.
Links to third-party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. EXFO has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. EXFO does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk.
7. Linking to This Site.
You may link to this Site provided you comply with all applicable laws and the linking website does not (1) replicate EXFO content; (2) create a browser or border environment around EXFO content; (3) imply that EXFO is endorsing it or its products; (4) misrepresent its relationship with EXFO; (5) present false information about EXFO products or services; (6) use the EXFO logo without permission from EXFO; and (7) contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age groups.
8. Warranty Disclaimer.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. EXFO, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY ACCORDING TO APPLICABLE MANDATORY LAW.
9. Additional Disclaimers.
EXFO does not warrant the accuracy and completeness of the materials at this Site. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site. EXFO may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and EXFO makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local EXFO business contact for information regarding the products, programs and services that may be available to you.
10. Limitation of Liability.
IN NO EVENT WILL EXFO, ITS SUPPLIERS, OR OTHER THIRD PARTIES REFERENCED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS OR REVENUES, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Copyright Policy.
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. EXFO may terminate an account, deny access to this Site or a service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.
12. Applicable Laws.
Your access to this Site is governed by all applicable national/federal, provincial/state and local laws. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside Canada, you do so on your own initiative and are responsible for compliance with applicable national and local laws. These Terms will be governed by and construed in accordance with the laws of Canada and the province of Québec, without giving effect to any conflict of law provisions.
13. Dispute Resolution.
You and EXFO agree that any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be determined by arbitration administered by ICDR Canada in accordance with its Canadian Expedited Procedures. The place of arbitration shall be Quebec City, Quebec, Canada. The language of the arbitration shall be English or French.
You and EXFO further agree that under no circumstances, whether in arbitration or otherwise, may customer bring any claim against EXFO, or allow any claim that the Customer may have against EXFO to be asserted, as part of a class action, on a consolidated or representative basis or otherwise aggregated with claims brought by, or on behalf of, any other entity or person, including other customers of EXFO.
If the class action waiver clause is found to be illegal or unenforceable, the entire arbitration provision will be unenforceable, and the dispute will be decided by a Canadian court of competent jurisdiction. In the event this entire arbitration provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a dispute that is found by a court to be excluded from the scope of this arbitration provision, we have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms.
We may revise these Terms, including changing, deleting, or supplementing with additional terms and conditions from time to time in our sole discretion, including to reflect changes in applicable law. PLEASE REVIEW THIS PAGE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE THE SITE AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS. You agree that we shall not be liable to you or to any third party for any revision to the Terms.