General Notice, Important Disclaimers, and Legal Information
Application - The following Terms of
Use ("TOU") applies to Perle Systems' website (the
"site") operated by Perle Systems Limited, a corporation
established under the laws of the Province of Ontario, Canada
and its subsidiaries, affiliates, assigns, successors and
related entities (collectively, the "Company").
By using or viewing this site, you agree to be bound by the
terms and conditions herein. Company reserves the right to
modify or update the TOU at any time without notice to you.
The most current version of the TOU can be reviewed by clicking
the bottom of our Web pages on the site.
General - The site is a general information
portal for certain goods and services of Company. Company
does not represent, warrant, or endorse the accuracy, reliability,
completeness or timeliness of any of the software programs,
information, content, views, opinions, recommendations, advertisements,
images, sounds, and text (collectively, the "Materials")
contained on, distributed through, or linked, downloaded or
accessed from the site, nor the quality of any products, software
programs, information or other Materials downloaded, printed,
displayed, purchased, or otherwise obtained by you in connection
with the site (the "Products"). You hereby acknowledge
that any reliance upon any Materials or Products shall be
at your sole risk. Company reserves the right, in its sole
discretion but without any obligation, to make improvements
to, update, or correct any error or omissions in any portion
of the Products or the Materials.
Limited License - This site is provided
by Company and may be used for informational purposes only.
By using this site or downloading Materials from this site,
you agree to abide by the terms and conditions, set forth
in this agreement. If you do not agree to abide by these terms
and conditions, do not use this site or download Materials
from this site.
Subject to your continued compliance with the
terms and conditions set forth in this Agreement, Company
grants you a terminable, non-exclusive, non-transferable,
limited right to download, access, use, display, and listen
to the Materials thereon.
Company authorizes you to view and download
the Materials at this site only for your personal, non-commercial
use. This authorization is not a transfer of title in the
Materials and copies of the Materials and is subject to the
1) you must retain, on all copies of the Materials
downloaded, all copyright and other proprietary notices
contained in the Materials;
2) you may not modify the Materials in any way or reproduce
or publicly display, perform, distribute, or otherwise use
them for any public or commercial purpose; and
3) you must not transfer the Materials to any other person
unless you give them notice of, and they agree to accept,
the obligations arising under these terms and conditions
This site, including all Materials, is protected
by worldwide copyright laws and treaty provisions, whether
or not a copyright notice is present on the Materials. You
agree to comply with all copyright laws worldwide in your
use of this site and to prevent any unauthorized copying of
the Materials. Except as expressly provided herein, Company
does not grant any express or implied right to you under any
patents, trademarks, or copyrights.
Intellectual Property Rights - You recognize
and agree that you have no rights in or to, the whole, or
any part of, the trade names, trademarks, and brandmarks of
Company or any of its licensors. You will not, except as otherwise
permitted by this Agreement while it is in effect, disclose,
make use of or otherwise infringe upon the intellectual property
or any derivatives thereof, it being specifically understood
that the intellectual property is owned solely and exclusively
by Company or its licensors. You agree that upon any violation
of this covenant, Company shall suffer irreparable harm and
shall be entitled to injunctive relief against any further
violation, in addition to any other damages to which Company
may be entitled. This covenant is independent of any other
covenant, term or condition of this Agreement and shall survive
the expiration or termination of this Agreement, it being
understood that but for the giving of this covenant, Company
would not have entered into this Agreement.
LIMITATION OF LIABILITY - THE MATERIALS AND PRODUCTS
ARE PROVIDED BY COMPANY AND OTHER INFORMATION PROVIDERS ON
AN "AS IS" BASIS, AND COMPANY AND OTHER INFORMATION
PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, STATUTORY,
EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY
QUALITY, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS OF ANY KIND, AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE MATERIALS AND PRODUCTS. IN NO
EVENT SHALL COMPANY AND OTHER INFORMATION PROVIDERS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER 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 THE SITE OR WITH RESPECT TO THE MATERIALS AND THE PRODUCTS
EVEN IF PERLE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Use Discretion - Company encourages you
to exercise discretion while browsing the Internet or linking
to third party sites or information from the site. Company
makes no representations concerning any endeavour to review
the content of which is connected to or linked from the site
or any of the Materials, and as such Company is not responsible
for the accuracy, copyright compliance, or legality of material
contained in third party information including, without limitation,
websites, advertisements, or in the Materials.
System Integrity - You may not use any
device, software or routine to interfere or attempt to interfere
with the proper working of the site or any activities being
conducted on the site. You may not take any action, which
imposes an unreasonable or disproportionately large load on
its infrastructure. You agree not to interrupt or attempt
to interrupt the operation of the site in any way.
Indemnity - You hereby agree to indemnify,
defend and hold Company harmless for all liability, claims,
damages and costs, including, without limitation, reasonable
legal fees, arising out of or in connection with a breach
of your obligations, representations and warranties provided
in this Agreement. You also agree to hold Company harmless
for all liability, claims, damages and costs, including reasonable
legal fees, arising out of or in connection with any errors,
malfunctions or defects in connection with the site.
Termination - Either party, upon 10 business
days written notice to the other party, may terminate this
Agreement without cause. This Agreement may be terminated
immediately by us, without notice, if you fail to comply with
this Agreement. Company may also terminate this Agreement
immediately if the site is discontinued.
Assignment - You may not assign, in whole
or in part, any of your rights or obligations under this Agreement,
without the written consent of Company.
Legal Fees - If any action at law or
in equity is necessary to enforce or interpret Company's rights
under this Agreement the terms of this Agreement, or any of
the provisions hereof, Company shall be entitled to recover
from you, in addition to any other relief to which Company
may be entitled, reasonable legal fees, costs and necessary
Governing Law - This Agreement shall
be construed and enforced in accordance with the laws of the
Province of Ontario, Canada. The Parties to this Agreement
agree to submit themselves to the jurisdiction of the courts
of the Province of Ontario, Canada and agree to attorn any
dispute arising from this Agreement or from use of the site
to said courts.
Severability - If one or more provisions
of this Agreement are held to be invalid, generally or specifically
in a given jurisdiction, such invalidity shall not affect
the other provisions hereof, and to this extent, the provisions
of this Agreement are intended to be, and shall be, severable
to the limited extent necessary and to retain the mutual intent
of the parties.
Entire Agreement - This Agreement constitutes
the entire agreement between you and Company and supersedes
all other agreements. No other representations or warranties
are made, save for those contained within this Agreement.
Any conflicts between the terms or conditions of this Agreement
and the terms or conditions of any other agreement between
you and Company shall be decided by reference to this Agreement.
For any questions or concerns regarding
these terms and conditions please click