Terms of Use

UPDATED: SEPTEMBER 5, 2022

These Terms of Use (Terms) apply to the Alvaria, Inc. (Alvaria, we, us or our) websites, including those located at www.alvaria.com, www.aspect.com, www.noblesystems.com, www.evolution.voxeo.com, www.quilogy.com and all subpages and associated websites, as well as, our mobile and social media platforms and applications (collectively, Site).

By accessing or using the Site you agree to follow and be bound by these Terms. Some areas of the Site (e.g., password protected areas) may have additional terms or guidelines that apply to your access or use of that area, and those terms and guidelines will apply in addition to these Terms. We reserve the right to update the Site terms and policies at any time without notice to you. The most current version of the Terms can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the web pages such as alvaria.com or alvaria.com/en-gb.com

General Use

Through the Site, you have access to a variety of resources and content, including: (1) software and software as a service offerings (Software); (2) web pages, developer tools, user and visual interfaces, data, messages, text, images, photographs, graphics, audio, video and documents such as press releases, case studies and product documentation (Materials); and (3) forums, discussion groups, chat areas, blogs, knowledge bases and other services (collectively, Community Services) in connection with which you can upload, download, share, post, publish, transmit or otherwise access or make available (Share) content you submit (User Content). Software, Materials, Community Services, and other information, content and services provided on or through the Site are collectively referred to as "Content."

The Site and Content are owned, controlled or licensed by or to Alvaria, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. All rights, title and interest not expressly granted with respect to the Site and Content are reserved by Alvaria.

Unless otherwise specified, the Content is for your personal and non-commercial use. Except as stated in these Terms, no part of the Site or Content may be modified, altered, copied, reproduced, republished, downloaded, posted, displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise.

As a condition of your use of the Site and Content, you will not use the Site or Content for any purpose that is unlawful or prohibited by these Terms. You may not: (1) use the Site or Content in any manner that could damage, disable, overburden, or impair any Alvaria server, the network(s) connected to any Alvaria server, or interfere with any other party's use and enjoyment of the Site or Content; (2) attempt to gain unauthorized access to the Site or Content, other accounts, computer systems or networks connected to any Alvaria server or to the Site or Content, through hacking, password mining or any other means; (3) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site; or (4) remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any originals or copies of the Content you access on or through the Site.

Software Use

Your use of Software is subject to all agreements (e.g., license, user or subscription agreement) that accompanies or is included with the Software or related order documents (Software Terms). In the event that Software is provided on or through the Site and is not licensed for your use through Software Terms specific to the Software, you may use the Software in accordance with these Terms as long as you do not modify, alter or redistribute the Software.

The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §§12.212 or 227.7202, as applicable. Consistent with 48 C.F.R. §§12.212 or 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to these Terms. Unpublished-rights are reserved under the copyright laws of the United States.

Material Use

You may download, store, display on your computer, view, listen to, play and print Materials that we publish or broadcast on the Site or make available for download through the Site as long as you do not remove any proprietary notice language in copies of the Materials, modify or alter the Materials, or redistribute the Materials without our prior express written permission.

Community Services Use

Community Services are provided as a convenience to users and we are not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding our products and services, including information from Alvaria employees, they are not an official customer support channel for Alvaria. You may use Community Services in accordance with these Terms as long as you do not redistribute the User Content provided on or through Community Services or store or collect personal data about other users, except where expressly authorized by us.

If any User Content is provided in the Community Services by a named employee of Alvaria, then, unless otherwise specifically provided, the statements and opinions expressed in that User Content are those of the author only and not of Alvaria or our management.

User Content

You agree that you will only Share, on or through the Site, User Content that you have the right and authority to Share and for which you have the right and authority to grant to us all of the licenses and rights set forth in these Terms. All User Content you Share is provided voluntarily by you without compensation. By Sharing User Content, you grant us a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, edit, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute, in whole or in part, the User Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to prepare derivative works and to incorporate or implement the User Content or any ideas, suggestions, or proposals regarding our products or services into any Alvaria documents, media, Sites, products or services without attribution or compensation to you. You warrant that: (1) you have the right and authority to grant this license; (2) our exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; (3) all moral rights in the User Content have been waived to the full extent allowed by law; and (4) your Shared User Content is truthful and accurate and complies with these Terms.

You agree that you will neither use the Site in a manner, nor Share any User Content, that:

is false or misleading;
is defamatory, vulgar, obscene, pornographic, racially or ethnically offensive, libelous, hateful, harassing, threatening, abusive or tortuous;
is used to stalk any other user of the Site;
violates or infringes or promotes the violation or infringement of another’s rights, including privacy or intellectual property rights;
is protected by a confidential or fiduciary relationship;
you do not have the right and authority to Share and grant the necessary rights and licenses for;
is for a commercial purpose or contains or promotes surveys, contests, chain letters, requests to join any organization, junk mail or spam;
falsely misrepresents your affiliation with us or any other company or entity or claim that we endorse you, your activities, your business, or your User Content; or
contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer or that interferes with another’s use of the Site.

We do not support or endorse any User Content Shared by Site users, nor any opinion, recommendation or advice contained therein. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

We do not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may state in connection with Sharing User Content, it will not be considered confidential information and will be treated by us on a non-confidential and unrestricted basis. We will not take and will not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in our Privacy Policy.

Monitoring

We have no obligation to monitor the Site or screen User Content that is Shared on or through the Site. However, we reserve the right to make changes or updates to, and monitor the use of, the Site and Content provided on or through the Site at any time, without notice and for any reason. We may edit, remove or choose not to make available any User Content in our sole discretion.

Access, Accounts, Password and Security

You must be of legal age and not otherwise prohibited by law from accessing or using the Site. Registration is not required to view the public information on the Site; however, certain features or services offered on or through the Site may require you to register or open an account. When registering, you must provide accurate information. You must not allow someone else to use your account and you cannot use someone else’s account. You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. We are not responsible for any harm or losses arising out of the unauthorized use of your account. You agree to notify us immediately of any unauthorized use of your account or password.

Creating an account for the Alvaria Community constitutes your consent to receiving communication about Alvaria Customer Care services, such as surveys, webinars and invitations, your engagement in the Alvaria Community, and other information related to Alvaria Customer Care support. You may terminate your Alvaria Community user account by contacting communitymanager@alvaria.com.

Privacy

Alvaria’s Privacy Policy applies to use of the Alvaria Site, and its terms are made a part of these Terms by this reference. We will use and protect all personally identifiable registration information and data in accordance with our Privacy Policy. If you have a user account for the Alvaria Community, then you can choose privacy settings in your user profile and you are responsible for any data that you choose to expose to Site users using these settings.

Links to Other Websites

The Site may have links to other websites, products or services that are not operated, controlled or maintained by Alvaria. The inclusion of links to other websites on the Site does not imply our endorsement or approval of the linked sites or their content. If you navigate away from the domain name of the Site, you do so at your own risk. You should review the terms of use of each domain, including privacy and data gathering practices, of any other website to which you navigate.

Products and Services

Alvaria's obligations, if any, with regard to our products and services are governed solely by the purchase agreements pursuant to which they are provided, and nothing on this Site should be construed to alter or supersede those agreements.

Not all products, services or programs mentioned on this Site may be available in your country. Please contact your local Alvaria sales representative for information regarding the products and services available in your country.

Procedure for Making Claims of Copyright Infringement

If you believe that your copyright rights have been violated, please send a notice to our Copyright Agent and include the following information:

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
A description of where the material that you claim is infringing is located (e.g., the URL where it is posted);
Your name, address, telephone number and email address;
A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Alvaria’s Copyright Agent for Notice of claims of copyright infringement is:

Legal Department
Alvaria, Inc.
5 technology Park Drive
Westford, MA 01886
Attn: Copyright Agent
Email: Legal-Info@alvaria.com

Suggestions and Feedback

Your submission of any ideas, suggestions or recommendations on the Site regarding our products, technologies or services (Feedback) is entirely voluntary. If you provide Feedback, we may use your Feedback and incorporate it in our products, technologies and services without paying royalties or other compensation and without any attribution or other obligations or restrictions.

Trademarks

The trademarks, logos and service marks (Marks) displayed on this Site are the property of Alvaria, Alvaria’s affiliates in the United States and other countries, or third parties. You are not permitted to use these Marks without the prior written consent of Alvaria or the third party that owns the Mark.

Termination of Use

We reserve the right to do any of the following, at any time, without notice: (1) to modify, interrupt, suspend or terminate operation of or access to the Site, or any portion of the Site or Content, for any reason; (2) terminate or limit your access to, or use of, the Site or any portion of the Site or Content, for any reason; and (3) to modify or change the Site, or any portion of the Site or Content, and any applicable policies or terms. We are not liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or Content, including any User Content you may have Shared.

Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALVARIA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS, OR THAT ANY CONTENT WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. UNDER NO CIRCUMSTANCES WILL ALVARIA BE LIABLE IN ANY WAY FOR USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THESE USE OF USER CONTENT. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF QUALITY, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CONTENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR CONTENT.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Limitation of Liability

We will not be liable for any damages suffered as a result of your accessing or using the Site or Content, including THE ACCESSING, USING OR SHARING OF User Content. Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages (including interruption of business OR OPPERATIONS, COST OF COVER, lost goodwill, profits, USE or data), even if we have been advised of the possibility of such damages. You have the sole responsibility for adequate protection and backup of your data AND EQUIPMENT used in connection with this Site.

Indemnity

You agree to indemnify and hold Alvaria, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), due to or arising out of or in connection with: your use of or access to the Site or Content; User Content that you Share; and your violation of these Terms or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content.

Export Control

Alvaria controls and operates the Site from the United States. You may not use, export or re-export the Content, any copy or adaptation of the Content, or any product or service offered on the Site in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If you use this Site from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries.

Governing Law

This agreement and the relationship between you and Alvaria are governed by the laws of the Commonwealth of Massachusetts without regard to any conflict of law provisions. You agree to the personal and exclusive jurisdiction and venue of the state and federal courts located in the Commonwealth of Massachusetts in all disputes arising out of or relating to these Terms, the Site and Content. You agree that any cause of action arising out of or related to the Site or Content must be commenced within 1 year after the cause of action accrues; otherwise, the cause of action is permanently barred. YOU WAIVE YOUR RIGHT TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THESE TERMS OR YOUR USE OF OR ACCESS TO THE SITE.

Miscellaneous

Any forward looking statements regarding future Alvaria performance or events are based upon numerous variables which are beyond our control, and actual performance or events may vary significantly.

These Terms constitute the entire agreement between you and Alvaria with regard to your access to and use of the Site and Content, and supersede and replace all prior agreements or understandings, oral or written, with respect to such access and use. If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, those provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this agreement, so that this agreement will remain in full force and effect. Our failure to insist on or enforce strict performance of these Terms is not to be construed as a waiver by us of any provision or any right we have to enforce these Terms, nor will any course of conduct between Alvaria and you or any other party be deemed to modify any provision of these Terms. These Terms do not confer any rights or remedies on any third parties.

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