10G Terms and Conditions

Terms and Conditions of Use

Access and use of this Web Site at www.corning.com/10GFacts is subject to the terms and conditions set forth below ("the Terms of Use") and all applicable laws.

You will be authorized to use the Corning Cable Systems 10G Connectivity Interactive Tools displayed on the Web Site only in accordance with these Terms of Use. You agree that using these tools shall consitute your signature, legally binding you to these Terms of Use under any applicable law. You may not modify, or attempt to modify, these Terms of Use or the Web Site, and any such actions shall void and terminate any rights granted to you.

The governing law of these Terms of Use and the license granted herein shall be the laws of the State of New York, without regard to the choice of law provisions of any jurisdiction. This is a legally binding agreement - you should carefully review all the terms and conditions set forth below.

Corning Cable Systems reserves the right to revise and amend these Terms of Use from time to time by updating this posting.

Restrictions on Use of Materials

This Web Site is owned and operated by Corning Cable Systems LLC (referred to as "Corning Cable Systems", "CCS", "we," "us," or "our" herein). No material from the Web Site or any other web site owned, operated, licensed or controlled by CCS may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that the Authorized User may use the tool(s) output, subject to these Terms of Use and provided that the Authorized User keeps intact all copyright and other proprietary notices.

The 10G Connectivity Interactive Tools contained on this Web Site may be used to evaluate the benefits of optical fiber versus copper at 10G data rates and higher. Any other direct or indirect use of the materials is strictly prohibited. Modification of the materials or use of the materials for any other purpose is a violation of these Terms of Use as well as CCS's patent, copyright, and other proprietary rights.

License

Upon your agreement to these Terms of Use, and subject to your continuing compliance with these Terms of Use, CCS or its affiliates will grant the Authorized User a nonexclusive, nontransferable, nonsublicensable license to use the 10G Connectivity Interactive Tools output displayed on the Web Site to evaluate the benefits of optical fiber versus copper at 10G data rates and higher. For avoidance of doubt, any other direct or indirect use of the materials contained on this Web Site is strictly prohibited.

The license granted by your agreement to these Terms of Use will apply only to the Authorized User and not to any of its affiliates, subsidiaries, contractors, representatives, agents, or other persons. Any such other entity or person must separately and individually agree to these Terms of Use in order to be licensed to use the 10G Connectivity Interactive Tools and their output.

For purposes of these Terms of Use and the license, "10G Connectivity Interactive Tools output" means the computer software program and other features of the Web Site. CCS reserves the right to modify and amend the 10G Connectivity Interactive Tools output from time to time with or without notice.

Disclaimer

THE MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CORNING CABLE SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. CORNING CABLE SYSTEMS DOES NOT WARRANT THAT THE MATERIALS WILL ARE ERROR-FREE OR THAT DEFECTS WILL BE DETECTED OR CORRECTED.

IN ADDITION, CORNING CABLE SYSTEMS DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CORNING CABLE SYSTEMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE, INCLUDING THE 10G CONNECTIVITY INTERACTIVE TOOLS, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CORNING CABLE SYSTEMS) ASSUME THE ENTIRE RISK, LIABILITY, AND COST OF POSSESSING AND USING THE 10G CONNECTIVITY INTERACTIVE TOOLS AND OUTPUT.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CORNING CABLE SYSTEMS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, INCLUDING THE 10G CONNECTIVITY INTERACTIVE TOOLS AND OUTPUT, EVEN IF CCS OR A CCS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold harmless Corning Incorporated and its officers, directors, employees, and affiliates, including Corning Cable Systems, from and against any loss, damage, liability, settlement, cost and expense (including legal expenses (whether in-house or outside counsel) and the expenses of other professionals) incurred, resulting from, or arising out of: (a) any breach of these Terms of Use; (b) any claim which alleges that any product, system, or design directly or indirectly made, sold, or installed by you using or embodying the 10G Connectivity Interactive Tools or the use thereof infringes upon, misappropriates, or violates any patent, copyright, trademark, or trade secret right or other proprietary right, of any third party; or (c) your possession or use of the 10G Connectivity Interactive Tools. You agree to promptly notify CCS in the event of any such claim. You shall have no authority to settle any claim on behalf of Corning Incorporated or its affiliates without Corning’s written consent.

Copyright Notice

All contents of this Web Site, other than those expressly otherwise identified are the copyrighted property of Corning Cable Systems LLC or its affiliates, Copyright © 2007. All rights reserved. Documents published in the Web Site may contain other proprietary notices or describe products, services, processes or technologies owned by CCS or third parties. Please note that by publishing these documents, CCS is not granting any license under any copyright, trademark, patent or other intellectual property right of CCS or any third party.

Trademarks

The following trademarks and registered trademarks of Corning Incorporated and its subsidiaries appear throughout this Web Site:
Corning
LANscape Solutions
LANscape Pretium Solutions
Plug & Play Systems

ST is a registered trademark of Lucent Technologies.

All other trademarks are the property of their prospective owners. All rights reserved.

Extraterritorial Application

Unless otherwise expressly specified, the materials in the Web Site are presented solely for the purpose of promoting Corning Cable Systems and its products in the United States telecommunications industry. This Web Site is controlled by Corning Incorporated from its Corning, New York USA offices. Neither CCS nor Corning makes any representation that materials in the Web Site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Corning Internet Privacy Policy

Corning's web server tracks visitors to the Web Site, records the identity of those who agree to these Terms and Conditions of Use, and collects information on the number of Web Site visits, and CCS products ordered through the Web Site. In addition, CCS reserves the right to view designs created by you using the LAN Model Materials. CCS will only use such information for general internal forecasting purposes only. CCS will not disclose any information provided by you to any third party nor will CCS contact you based on information provided by you on or through the Web Site.

The submission of information by you to CCS shall not restrict the purchase, manufacture or use of similar products, services, plans and ideas by CCS for any purpose whatever.

You may contact CCS directly with questions about CCS’s Internet privacy policy.

Linking

CCS may provide links to certain other World Wide Web Sites. CCS has done so only for the convenience of Web users, and is not responsible for the content of other sites. CCS does not endorse, warrant or guarantee the products or services described or offered in these other Web sites.

10G Connectivity Online Resource Center