Request User Account

Sign up

Please complete the form below to create your AviatCloud account.

 
 
       
 
 
 
 
 
Please submit a valid PIN to allow us to verify your access. Alternatively, leave a comment in the comment field and an administrator will assess your security level.

TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPTED AND AGREED TO,” CUSTOMER AGREES TO THESE TERMS AND CONDITIONS.

These Terms of Service constitute an agreement (this “Agreement”) by and between Aviat Networks (“Vendor”) and you (“Customer”). This Agreement is effective as of the date Customer clicks “Accepted and Agreed To” (the “Effective Date”). Customer’s use of and Vendor’s provision of Vendor’s System (as defined below in Section 1.6) are governed by this Agreement.

CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS. IF AN INDIVIDUAL ACCEPTS THIS AGREEMENT ON BEHALF OF A COMPANY, SUCH INDIVIDUAL REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND SUCH COMPANY TO THIS AGREEMENT.

  1. DEFINITIONS. The following capitalized terms shall have the following meanings whenever used in this Agreement.
    1. AviatCloud” means the portfolio of applications and services that are accessed via the AviatCloud portal.
    2. Aviat Networks” means:
      1. a. For Customers located in the United States: the contracting entity shall be Aviat U.S., Inc., a wholly owned subsidiary of Aviat Networks, Inc.
      2. b. For Customers located outside of the United States: the contracting entity shall be Aviat Networks (S) Pte. Ltd., a subsidiary of Aviat U.S., Inc.
    3. Customer Data” means data in electronic form uploaded to, entered into or collected through the System by Customer or its Users.
    4. Order” for fee-based System access, means a purchase order for access to the System.
    5. Privacy Policy” means Vendor’s privacy policy, currently posted at http://www.aviatnetworks.com/terms-of-use/#privacy.
    6. System” means AviatCloud, including all associated applications.
    7. Term” is defined in Section 10.1 below.
    8. Terms of Use” means Vendor’s terms of use policy, currently posted at http://us.aviatnetworks.com/terms-of-use/.
    9. User” means the Customer, if an individual, or if the Customer is a company, any individual who uses the System on Customer’s behalf or through Customer’s account or passwords, whether authorized or not.
  2. THE SYSTEM
    1. Use of the System. During the Term, Customer may access and use the System pursuant to: (a) where applicable, the terms of any Order, including such features and functions as the Order specifies; and (b) Vendor’s policies posted on its website at www.aviatnetworks.com, as such policies may be updated from time to time.
    2. System Revisions. Vendor may revise System features and functions at any time, including without limitation by removing such features and functions or reducing service levels. If any such revision to the System materially reduces features or functionality provided pursuant to an Order, Customer may, within 30 days of implementation of the revision, terminate such Order, without cause.
  3. SYSTEM FEES. Vendor’s AviatCare, Design and Educate applications are offered free of charge. Vendor’s Manage application is offered free of charge until June 30, 2016. Thereafter, access to the Manage application will be subject to a fee (a “Subscription Fee”). For all fee-based System access, Customer shall pay Vendor the Subscription Fee set forth in each Order. Vendor will not be required to refund the Subscription Fee under any circumstances.
  4. CUSTOMER DATA & PRIVACY
    1. Use of Customer Data. Unless Vendor receives Customer’s prior written consent, Vendor shall not intentionally grant any third party access to Customer Data. Notwithstanding the foregoing, Vendor may disclose Customer Data as required by applicable law or by proper legal or governmental authority. The System will grant access to Customer Data uploaded by each User from Customer’s ProVision server to all Users of Customer. Vendor may reproduce and use Customer Data for internal purposes and Customer development purposes.
    2. Privacy Policy. The Privacy Policy applies only to Vendor’s applications and does not apply to any third party application, website or service linked to the System or recommended or referred to or through the System or by Vendor’s personnel.
    3. Risk of Exposure. Customer recognizes and agrees that hosting data online involves risks of unauthorized disclosure or exposure and that in accessing and using the System Customer assumes such risks. Vendor will use commercially reasonable efforts to make the System secure. However, Vendor offers no representation, warranty, or guarantee that Customer Data will not be exposed or disclosed through errors or the actions of third parties. If Customer transmits data to a third-party website or other provider that is linked to or made accessible by the System, Customer will be deemed to have given its consent to Vendor enabling such transmission and Vendor shall have no liability to Customer in connection with any claims by a third party in connection with such transmission.
    4. Back-Ups. Vendor may periodically make back-up copies of Customer Data, however, Customer should not rely upon such back-ups as a source of data retrieval in the event of a data loss. Customer is responsible for creating its own data backups.
    5. Uploaded Data Accuracy. Vendor shall have no responsibility or liability for the accuracy of data uploaded to the System by Customer and/or its Users, including without limitation Customer Data.
    6. Data Deletion. Vendor may permanently erase Customer Data if Customer’s account is delinquent or suspended, or 30 days or more after the expiration of the Term or earlier termination of this Agreement.
    7. Excluded Data. Customer represents and warrants that Customer Data does not and will not include, and Customer has not and shall not upload or transmit to or via the System, any data (“Excluded Data”) regulated pursuant to any United States state or federal law (the "Excluded Data Laws"). CUSTOMER RECOGNIZES AND AGREES THAT: (a) VENDOR HAS NO LIABILITY FOR ANY FAILURE TO PROVIDE PROTECTIONS SET FORTH IN THE EXCLUDED DATA LAWS OR OTHERWISE TO PROTECT EXCLUDED DATA; AND (b) VENDOR’S SYSTEMS ARE NOT INTENDED FOR MANAGEMENT OR PROTECTION OF EXCLUDED DATA AND MAY NOT PROVIDE ADEQUATE OR LEGALLY REQUIRED SECURITY FOR EXCLUDED DATA.
  5. CUSTOMER's RESPONSIBILITIES & RESTRICTIONS
    1. Acceptable Use. Customer shall comply with the Terms of Use. Customer shall not: (a) attempt to use or gain unauthorized access to Vendor’s or to any third-party's networks or equipment; (b) use the System for service bureau or time-sharing purposes or in any other way allow third parties to exploit or have unauthorized access to or use of the System; (c) attempt to probe, scan or test the vulnerability of the System; (d) interfere or attempt to interfere with service to any user, host or network; (e) engage in fraudulent, offensive or illegal activity of any nature or intentionally engage in any activity that infringes the intellectual property rights or privacy rights of any individual or third party; (f) transmit unsolicited bulk or commercial messages; (g) intentionally distribute worms, Trojan horses, viruses, corrupted files or any similar items; (h) restrict, inhibit, or otherwise interfere with the ability of any other party to lawfully use the System (i) restrict, inhibit, interfere with or otherwise disrupt or cause a performance degradation to the System or (j) access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas, features, functions or graphics of the System. In the event that Vendor suspects any breach of the requirements of this Section 5.1, including without limitation by Users, Vendor may suspend Customer’s access to the System without advance notice, in addition to such other remedies as Vendor may have. Customer shall cooperate with Vendor’s reasonable investigation of System outages, security issues and any suspected breach of this Section.
    2. Unauthorized Access. Customer shall take reasonable steps to prevent unauthorized access to the System, including without limitation by protecting its passwords and other log-in information. Customer shall notify Vendor immediately of any known or suspected unauthorized use of the System or breach of its security and shall use best efforts to stop said breach. Notices to Vendor may be sent to the email address set forth in Section 11.2 hereof.
    3. Compliance with Laws. Customer and its Users shall comply with all laws applicable to it and them as a user of the System.
    4. System Access. Customer is responsible and liable for any use of the System through Customer’s account, whether authorized or unauthorized.
  6. IP & FEEDBACK
    1. IP Rights to the System. Vendor retains all right, title, and interest in and to the System, including without limitation all software used to provide the System and all graphics, user interfaces, logos, and trademarks reproduced through the System. This Agreement does not grant Customer any intellectual property license or rights in or to the System or any of its components. Customer recognizes that the System and its components are protected by copyright and other laws.
    2. Feedback. Vendor may use Customer’s Feedback, without restriction and without compensating or crediting Customer or any User. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Vendor’s products or services.)
  7. REPRESENTATIONS & WARRANTIES
    1. From Vendor. Vendor makes no representations or warranties whatsoever with respect to System access provided at no charge. Vendor represents and warrants, with respect to fee-based System access only, that it has and will maintain the full right and authority to grant access to and use of the System, subject to the terms and conditions of this Agreement. In the event of a breach of the foregoing warranty, and provided that Customer is a paying subscriber to the System and is current in its subscription fees, Vendor, at its own expense, will promptly take the following actions: (a) secure for Customer the right to continue using the System; (b) replace or modify the System to make it noninfringing; or (c) terminate the infringing features of the System and refund to Customer any prepaid fees for such features, in proportion to the portion of the Term remaining after such termination. The preceding sentence states Vendor’s sole obligation and liability, and Customer’s sole remedy, for breach of the warranty in this Section 7.1 and for potential or actual intellectual property infringement by the System.
    2. From Customer. Customer represents and warrants that: (a) it has the full right and authority to enter into, execute, and perform its obligations under this Agreement; (b) it has accurately identified itself and it has not provided any inaccurate information about itself to or through the System; and (c) it has obtained all rights, permissions and consents necessary to use and upload all Customer Data, including any third party data to the System.
    3. Warranty Disclaimers. Except to the extent set forth in Section 7.1 above, CUSTOMER ACCEPTS THE SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) VENDOR HAS NO OBLIGATION TO INDEMNIFY OR DEFEND CUSTOMER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) VENDOR DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; (c) VENDOR DOES NOT REPRESENT OR WARRANT THE ACCURACY OF ANY INFORMATION OR REPORT GENERATED BY ANY SYSTEM APPLICATION, INCLUDING WITHOUT LIMITATION THE LINK REPORT; AND (d) VENDOR DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE.
  8. INDEMNIFICATION. Customer shall defend, indemnify, and hold harmless Vendor and the Vendor Associates (as defined below) against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of or related to Customer's alleged or actual use of, misuse of, or failure to use the System, including without limitation: (a) claims by Users or by Customer's employees, as well as by Customer’s own customers; (b) claims related to unauthorized use or disclosure or exposure of information, including without limitation Customer’s or its User(s)’ breach of Section 5.1 hereof; (c) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the System through Customer’s account, including without limitation by Customer Data; and (d) claims that use of the System through Customer’s account harasses, defames, defrauds or otherwise violates the rights of any third party. Indemnified Claims include, without limitation, claims arising out of or related to Vendor’s negligence. Customer’s obligations set forth in this Article 8 include retention and payment of attorneys and payment of court costs, as well as settlement at Customer’s expense and payment of judgments. Vendor will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. (The “Vendor Associates” are Vendor’s officers, directors, shareholders, parents, subsidiaries and their successors and assigns.)
  9. LIMITATION OF LIABILITY
    1. Limitation of Liability. IN NO EVENT SHALL VENDOR BE LIABLE FOR ANY DAMAGES HEREUNDER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND.
    2. Clarifications & Disclaimers. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR VENDOR PROVIDING SERVICES TO CUSTOMER, AND SUCH LIMITATIONS WILL APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF VENDOR IS ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Article 9, Vendor’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Vendor’s liability limits and other rights set forth in this Article 9 apply also to Vendor’s parents, subsidiaries, affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants and other representatives.
  10. TERM & TERMINATION
    1. Term. The term of this Agreement (the “Term”) shall commence on the Effective Date and continue for so long as Customer is granted access to the System by Vendor. Vendor may discontinue access to the System at any time.
    2. Termination for Cause. Vendor may terminate this Agreement at any time for Customer’s breach of this Agreement.
    3. Effects of Termination. Upon termination of this Agreement, Customer and its Users will no longer be granted access to the System. The following provisions will survive termination or expiration of this Agreement: (a) any obligation of Customer to pay fees incurred before termination; (b) the following Articles and Sections: Section 4.1 (Use of Customer Data); Section 4.6 (Data Deletion); Articles and Sections 6 (IP & Feedback), Section 7.3 (Warranty Disclaimers), Article 8 (Indemnification), Article 9 (Limitation of Liability); Section 11.7 (Applicable Law, Venue and Jurisdiction; Jury Waiver) and (c) any other provision of this Agreement that must survive to fulfill its essential purpose.
  11. MISCELLANEOUS
    1. Independent Contractors. The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other and neither may make commitments on the other’s behalf.
    2. Notices. Vendor may send notices pursuant to this Agreement to Customer’s email address as provided by Customer, and such notices will be deemed received 24 hours after they are sent. Customer may send notices pursuant to this Agreement to: Aviatcloudinfo@aviatnet.com, and such notices will be deemed received 72 hours after they are sent.
    3. Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, acts of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.
    4. Assignment & Successors. Customer may not assign this Agreement or any of its rights or obligations hereunder without Vendor’s express written consent. Except to the extent prohibited in this Section 11.4, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.
    5. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
    6. No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
    7. Applicable Law, Venue and Jurisdiction; Jury Waiver: This Agreement, and any disputes related thereto, shall be governed by and interpreted in accordance with the laws of the State of California, USA, regardless of any conflict of law principles requiring the application of any other law. Any disputes which cannot be resolved will be settled by binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution (ICDR) rules (the “Rules”) in effect on the Effective Date of this Agreement. The arbitral tribunal will be composed of one individual, who will be appointed in accordance with the ICDR Rules. Arbitration proceedings will be held in Santa Clara County, California, U.S.A. The proceedings, all documents, correspondence and the arbitration award must be written in English. The decisions of the arbitrator will be final and binding upon the parties and must include the question of the cost of the arbitration. Judgment upon the award or decision rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial recognition of the award or an order of enforcement, as the case may be. CUSTOMER AND VENDOR FURTHER AGREE, TO THE EXTENT PERMITTED BY LAW, TO WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY ACTION RELATING TO THE DISPUTE OR INTERPRETATION OF THE AGREEMENT, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE. THE PARTIES SPECIFICALLY ACKNOWLEDGE THAT THIS WAIVER IS MADE KNOWINGLY AND VOLUNTARILY AFTER AN ADEQUATE OPPORTUNITY TO NEGOTIATE ITS TERMS AND THAT SUCH WAIVER IS A MATERIAL CONSIDERATION FOR THE SERVICES CONTEMPLATED HEREBY.
    8. Conflicts. In the event of any conflict between this Agreement and any Vendor policy posted online, including without limitation the Terms of Use or Privacy Policy, the terms of this Agreement will take precedence.
    9. Construction. This Agreement will not be construed in favor of or against either party by reason of authorship or other circumstance.
    10. Technology Export. Customer and its Users shall at all times in their use of the System comply with all U.S. export laws and regulations. Without limiting the generality of the foregoing, Customer shall not permit any third party to access or use the System in, or export any controlled data or technology to, a country subject to a United States embargo.
    11. Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.
    12. New Terms of Service. Vendor may amend the Terms of Service contained in this Agreement from time to time. In the event of a change to the Terms of Service, upon log in, Customer will be prompted to click accept a new Agreement. If Customer click accepts the new Agreement this Agreement shall terminate and Customer’s and all of is Users’ use of the System shall be governed by the new Agreement. If Customer does not click accept the new Agreement, this Agreement shall terminate and Customer’s and all of its Users’ access to the System will be discontinued.
I accept the terms of this agreement.