Terms of Use

Conditions of Use

The following terms, conditions, restrictions, rules and regulations ("Regulations") apply to all current and future users of this web site. By accessing this web site, you acknowledge and agree to be bound by and comply with these Regulations. If you are dissatisfied with this web site, its content or these Regulations, you agree that your sole and exclusive remedy is to discontinue using the web site. VIAVI Solutions ("VIAVI") reserves the right, from time to time and without notice, to change these Regulations at its sole discretion. By continuing to use the website, you agree to abide and be bound by any changes made to these Regulations. By continuing to use the website, you agree to abide and be bound by any changes made to these Regulations. VIAVI reserves the right to seek any and all remedies available at law or in equity for any violations of these Regulations.

Use of the Web Site

By using this web site, you agree that you will access and use the web site in a responsible manner and that you, or any use of the web site by you, will not:

restrict or inhibit, or attempt to restrict or inhibit any other user from using and enjoying the web site or any content
be unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent in any way, including without limitation, constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation
violate or infringe upon the rights of others, including posting, uploading, downloading or transmitting material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder
impersonate any person or entity, including, but not limited to, a VIAVI employee or consultant, or falsely state or otherwise misrepresent your affiliation with a person or entity
stalk, spam, solicit or otherwise harass any user
collect or store personal data about other users
upload or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or use the web site for commercial purposes
adversely affect the availability of web site resources to others
cause repeated disruptive incidents or attempt to circumvent user authentication or security of any host, network, or account, including the use of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files

Errors on Our Web Site

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and VIAVI reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

Downloads

All software made available on this web site ("Software") is owned by and is the copyrighted work of VIAVI and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by (i) the terms of the software license agreement, if any, which accompanies or is included with the Software, or if no license terms accompany the software, (ii) the terms of the license agreement which accompanied the original product licensed by you which you are updating, or (iii) the license terms pursuant to then-current VIAVI Software License Terms found at www.viavisolutions.com/terms ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. Any software which you download is governed in accordance with (i) the license terms accompanying the file, (ii) the terms of license agreement accompanying the original product, or (iii) the license terms pursuant to the VIAVI Software License Terms. You further agree that you will not download any content or software without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.

Ownership and Restrictions on Use

THIS WEB SITE AND THE CONTENTS HEREOF ARE PROTECTED BY COPYRIGHT AND ARE THE SOLE PROPERTY OF VIAVI SOLUTIONS (“VIAVI”) EXCEPT SOLELY AS EXPRESSLY PROVIDED IN THE NEXT PARAGRAPH, NO PORTION OF THIS WEB SITE OR ANY INFORMATION CONTAINED HEREIN MAY BE USED, COPIED, REPRODUCED, PUBLISHED, TRANSMITTED, DISTRIBUTED, OR MODIFIED, IN ANY FORM OR BY ANY MEANS, NOR MAY DERIVATIVE WORKS BE MADE THEREOF, WITHOUT THE PRIOR WRITTEN PERMISSION OF VIAVI.

VIAVI hereby authorizes you to copy materials published by VIAVI on this web site solely for non-commercial use. No other use of the information is authorized. Without limiting the foregoing, you are not permitted to use, copy, reproduce, publish, transmit, distribute, or modify, or create derivative works of any material found on this web site for any public or commercial purpose. In consideration of this limited authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of VIAVI or any third party.

VIAVI does not claim ownership of the materials you provide to VIAVI in any way, unless otherwise expressly provided. However, by posting, uploading, inputting, providing or submitting any such materials, you are granting VIAVI and any necessary sublicensees permission to use your submitted materials in connection with the operation of its business, including, without limitation, the worldwide, royalty-free rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your submitted material. No compensation will be paid with respect to the use by VIAVI of your submitted material, as provided herein. VIAVI is under no obligation to post or use any material you may provide and VIAVI may remove any such material at any time in its sole discretion. By posting, uploading, inputting, providing, or submitting your material you represent that you own or otherwise control all of the rights to your material as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the material. Notwithstanding the foregoing, any suggestions, improvements, or modifications to VIAVI products and services ("Enhancements") made by you or anyone acting on your behalf, including your employees, will be the property of VIAVI without any further consideration to you, whether or not such Enhancements are incorporated into VIAVI products and services.

Representations and Warranties

VIAVI assumes no responsibility for the accuracy of the information contained in this web site. VIAVI may change the services, programs or products mentioned at any time without notice. Mention of non-VIAVI companies, products or services (including, without limitation, links to third-party web sites) is for information purposes only and constitutes neither an endorsement nor a recommendation of any such companies, products or services.

ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER VIAVI, ITS AFFILIATES, SUBSIDIARIES, OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, CONTRACTORS, DISTRIBUTORS, SUPPLIERS, LICENSORS, OR THE LIKE (COLLECTIVELY “SUPPLIERS”) WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE EXPRESSLY DISCLAIMED.

Indemnity

You agree to indemnify, defend, and hold harmless VIAVI and its Suppliers from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys fees) that arise directly or indirectly out of or from your activities in connection with the web site or contents, including without limitation any breach of these terms or information made available by you on the web site.

Limitation of Liability

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, VIAVI SOLUTIONS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES 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 THIS WEBSITE OR ANY VIAVI PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF VIAVI OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Website Trademarks

The trademarks, logos and service marks ("Marks") displayed on this web site are the property of VIAVI or other third parties. You are not permitted to use any of these Marks without the prior written consent of VIAVI or such third party, as applicable. "VIAVI" and "VIAVI Solutions" are trademarks of VIAVI Solutions.

Compliance with Laws

User access to this web site is governed by applicable federal, state and local laws. Without limiting the foregoing, all information on this web site is subject to United States export control laws and may also be subject to the laws of other countries.

Links to Third Party Web Sites

This web site may contain links to third party web sites. These links are provided solely as a convenience. VIAVI does not endorse any third-party web sites. Access to any other web site through any links provided on this web site is at your own risk and VIAVI is not responsible for the content of any such web site or the accuracy or reliability of any information, data or other contents thereof.

Access to Certain Areas

Access to certain pages or areas on this web site may be restricted to authorized users only. Unauthorized persons attempting to access any such pages or areas may be subject to prosecution.You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security.

Forward-Looking Statements

Some of the information on this web site may include or contain "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements include any statements, data or other information regarding future events or the future financial performance of VIAVI. Please be advised that these statements involve risks and uncertainties which may cause actual results to differ materially from those projected or predicted in these statements. Some, but not all of these risks and uncertainties are discussed in the documents VIAVI files from time to time with the Securities and Exchange Commission, specifically, the VIAVI most recent Annual and Quarterly Reports on Form 10-K and Form 10-Q, respectively. You may obtain copies of these documents by contacting our Investor Relations Department.

Termination of Use

VIAVI may, in its sole discretion, terminate your account or your use of the VIAVI web site at anytime and without prior notice. You are personally liable for any orders that you place or charges that you incur prior to termination. VIAVI reserves the right to change, suspend or discontinue all or any aspects of the VIAVI web site at any time without prior notice.

Some areas of the VIAVI website may have additional agreements or terms and conditions that apply to your access and use of that specific area. If there is a conflict between these VIAVI Website Terms of Use and the agreements or terms and conditions for a specific area, the latter shall prevail with regard to your access and use of that specific area.