Legal

1. TERMS AND CONDITIONS OF USE

The following terms and conditions of use (“Terms”) apply to all visitors to or users (“Users” or “you” or “your”) of the Infinera Corporation web site and associated web pages originating at https://www.infinera.com (“Site”). By accessing the Site, you acknowledge acceptance of these Terms. In the case of any violation of these Terms, Infinera Corporation (“Infinera” or “us” or “we” or “our”) reserves the right to seek all remedies available at law and in equity for such violations. These Terms apply to all visits to the Site, both now and in the future. If you disagree with any portion of these Terms, you must terminate your visit to or use of the Site immediately. The person agreeing to these Terms represents and warrants that such person is authorized to bind and does so bind his or her principal or employer and has adequate legal capacity to enter these Terms.

Infinera reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of any such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Site.

2. PRIVACY

Your privacy is important to us. Our Privacy Policy, which is hereby incorporated into these Terms by reference, governs our collection and use of your personal data. Please read the Privacy Policy carefully.

3. USER INFORMATION AND ACCOUNTS

Users may submit information to the Site in order to request an account and password for access to certain areas of the Site, to request information from Infinera, to subscribe to the Infinera newsletter, or for other purposes. You agree that the information you provide to Infinera will be true, accurate, current, and complete, and that you will not impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission. You further agree not to use the Site to email or otherwise transmit, distribute, publish or disseminate any unsolicited advertising, survey, promotional materials, “junk email,” “spam,” chain letters,” “pyramid schemes,” or any other form of solicitation or duplicative or unsolicited messages (commercial or otherwise) to any person or entity.

4. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from the Site (“Software”) is the copyrighted work of Infinera and/or its suppliers. Any use of any Software is governed in accordance with (i) the license agreement accompanying the file or (ii) the license agreement presented upon download of the file or (iii) the terms of the license agreement which accompanied the original product licensed by you which you are updating, whichever may be indicated for the particular Software.

The Software is made available for download solely for use in compliance with the applicable license agreement described in the foregoing paragraph. Any reproduction, redistribution or retransmission of the Software not in accordance with such license agreement is expressly prohibited by law.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT WHICH ACCOMPANIED THE FILE OR ORIGINAL PRODUCT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT ACCOMPANYING THE FILE OR PRODUCT, ALL SOFTWARE IS PROVIDED “AS IS”, AND INFINERA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NONINFRINGEMENT AND THEIR EQUIVALENTS.

5. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE

Permission to use documents (such as white papers, press releases, datasheets and FAQs) from this Site (“Documents”) is granted, provided that (1) the copyright notice in Section 11 and this permission notice appear in all copies that you make, (2) use of such Documents from this server 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. Use or copying for any other purpose is expressly prohibited by law.

Documents specified above do not include the design or layout of the Site or any other web site owned, operated, licensed or controlled by Infinera. Elements of the Site are protected by trade dress, copyright and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied, retransmitted or used in any manner unless expressly permitted in writing by Infinera.

INFINERA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. INFINERA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT AND THEIR EQUIVALENTS.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL INFINERA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHER INFORMATION OR FEATUERS AVAILABLE ON THIS SITE. THE SOFTWARE AND DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INFINERA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE CHANGES IN THE SOFTWARE AND DOCUMENTS DESCRIBED HEREIN AT ANY TIME.

7. COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS; U.S. GOVERNMENT-RESTRICTED RIGHTS

User access to this web site is governed by all applicable federal, state and local laws. All information available on the web site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You warrant that you will comply in all respects with the Export Administration Regulations and all other export and re-export laws, rules and restrictions applicable to the Software and documentation licensed hereunder.

All Infinera products and publications are commercial in nature. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013, DFARS 252.227-7015 and FAR 52.227-19. The Software and accompanying documentation are deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government shall be governed solely by the terms of these Terms and shall be prohibited except to the extent expressly permitted by these Terms.

8. SPECIAL NOTE REGARDING FORWARD-LOOKING STATEMENTS

This web site may contain statements relating to future plans, events or performance. Actual results, events and performance may differ materially. You are cautioned not to unduly rely on any forward-looking statements, which speak only as of the date posted. Infinera is under no duty to update any of these forward-looking statements to reflect events or circumstances after the date posted or to reflect unanticipated events.

9. COOKIES

A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you_ve visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. One of the ways Infinera uses cookies is to facilitate future log ons by users who have already visited the Infinera web site in the past. You hereby consent to access by Infinera’s cookies to your hard drive and to Infinera’s use of cookies and associated data. You hereby grant Infinera the right to use the data associated with cookies in any manner.

10. LINKS TO THIRD PARTY SITES

THE LINKS IN THE SITE WILL LET YOU LEAVE THE SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF INFINERA AND INFINERA 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. INFINERA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY INFINERA OF SUCH LINKED SITE.

11. COPYRIGHT NOTICE

12. GENERAL

These Terms shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods; rather, these Terms shall be governed by the laws of the State of California, including its Uniform Commercial Code, without reference to conflicts of laws principles.
These Terms constitute the entire agreement between you and Infinera and supersedes any other communications or advertising with respect to the Software and accompanying documentation, Documents and the Site. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof.

If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Terms shall continue in full force and effect. You may not assign these Terms or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Infinera.
Subject to the foregoing sentence, these Terms shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.