LAST UPDATED DATE: October 3, 2022
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS TERMS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR recourse to the judicial system.
BY PLACING AN ORDER FOR PRODUCTS, LICENSED PROGRAMS OR SERVICES FROM THIS WEBSITE, YOU WARRANT AND REPRESENT THAT (A) YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND (B) YOU ACCEPT AND ARE BOUND BY THESE TERMS AND TERMS AND (C) IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS, LICENSED PROGRAMS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS AND/OR YOU DO NOT MEET THE TERMS (A) TO (C) IN THE PRECEDING PARAGRAPH AND/OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS, LICENSED PROGRAMS OR SERVICES BY APPLICABLE LAW.
These terms and Terms (these "Terms") apply to the purchase and sale of products, Licensed Programs and services through the STORE.AVIATNETWORKS.COM website (the "Site"). These Terms are subject to change by Aviat Networks (referred to as "us," "we," or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product, Licensed Programs or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policies before placing an order for products, Licensed Programs or services through this Site.
1. OUR GOODS
The images of the products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the color of the products. The colour of your products may vary slightly from those images.
The packaging of the products may vary from that shown on images on our site.
We strive to display accurate information about the price, the technical specifications of the products, their availability, their sizes, weights, capacities, dimensions and measurements, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Orders arising from such occurrences. We reserve the right to amend the technical specifications of the products if required by any applicable statutory or regulatory requirement.
2. ORDERS AND ORDER ACCEPTANCE
You can order products, Licensed Programs and/or services available through the Site by placing an Instant Purchase Order (a snapshot of your cart not under your standard purchase order form) or by placing a Purchase Order (an order established on your company’s standard purchase order form) as an attachment to your cart (hereinafter collectively the “Order”). Please follow the onscreen prompts to place an Order.
Your Order, regardless of any contrary wording, will constitute an offer to purchase the products, Licensed Programs and/or services listed in your Order only on these Terms (which shall be deemed incorporated into the Order). If your Order or acknowledgment or form of contract sent by you to us or contained in any other communications between us should contain any terms and conditions in addition to or in conflict with those contained in these Terms, by submission of the Order, you specifically agree that such additional or conflicting terms are rejected by us and will be void. Our failure to object reasonably to any such additional or inconsistent term and condition will not constitute a waiver of these Terms. In the absence of your written acceptance of these Terms, acceptance of or payment for purchases hereunder shall constitute an acceptance of these Terms. No other terms are implied by trade, custom, practice or prior course of dealing. However, if the Order was issued under or in connection with an applicable master agreement between us (an "Existing Agreement"), then the Existing Agreement will govern and control the Order.
Our order process allows you to check and amend any errors before submitting your Order to us. Please check the Order carefully before confirming it. You are responsible for ensuring that your Order is complete and accurate.
After you place an Order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your Order has been accepted.
Our acceptance of your Order takes place when we send the email to you to accept it (the “Order acknowledgement form”) at which point the contract between you and us will come into existence. All Orders must be accepted by us or we will not be obligated to sell the products or services to you or license to you our Licensed Programs. We may choose not to accept Orders at our sole discretion, even after we send you an Order acknowledgement form with your Order number and details of the items you have ordered. If we are unable to supply you with the ordered items for any reason, we will inform you of this by email and we will not process your Order. If you have already paid for the ordered items, we will refund you the full amount including any delivery costs charged as soon as possible.
3. PRICES
The prices of the products, Licensed Programs and services will be as quoted on our Site at the time you submit your Order. All prices, discounts, and promotions posted on this Site are subject to change without notice, but changes will not affect any Order you have already placed. The price charged will be clearly stated in your Order acknowledgement form. Price increases will only apply to Orders placed after the time of the increase.
Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your Order acknowledgement form.
Prices on this Site are set in certain currencies – generally the legal currency of your country of location (hereinafter the “Transactional Currency”). You may choose to display the prices in a currency different than the Transactional Currency, and place the Order in that other currency, however the price will be charged in the Transactional Currency.
4. TAXES
All prices are exclusive of all sales, use, excise, and other taxes, duties, or charges. Unless evidence of tax exempt status is provided by you, you will pay, or upon receipt of invoice from us, you will reimburse us within a reasonable time after receipt of notification for all such taxes or charges levied or imposed on you, or required to be collected by us as a result of this transaction or any part thereof.
5. ORDER CHANGES/ ORDER CANCELLATION
You may request changes to an Order for products but only up to the date of shipment of the products, or commencement of the services. However, we shall not be obligated to accept any Order changes requested by you. Changes may result in extra charges and/or restocking fees to you and may impact the shipment and delivery time of the products, or the service completion date. If we accept your requested changes and you accept the consequences of such changes, you shall issue a revised Order.
Cancellation of any products prior to shipment will be subject, in addition to restocking fees, to the followin cancellation charges unless the cause for cancellation is solely attributable to our fault:
| Type of Equipment | Cancellation Charge |
| Aviat Manufactured | 10% of selling price |
| Standard OEM* | 30% of selling price |
| Non-Standard OEM** | 100% of selling price |
* "Standard OEM" means off-the-sheld products
** "Non-Standard OEM" means customized products
Cancellation of training services will be subject to the following cancellation fees: 30% of the training services Order price if you cancel a class or reservation within 2 weeks of the scheduled start date and 50% of the training services Order price if you cancel a class or reservation within 1 week of the scheduled start date. We reserve the right to cancel an open enrollment class with a 3 weeks' prior written notice, without liability to you.
6. SHIPMENTS AND DELIVERY
Shipment of ordered products shall be made in accordance with our Shipping Policy available here: US Shipping Policy
Please note that we may ship from multiple fulfillment centers/warehouses and that your Order may arrive in multiple boxes and at different times.
We may, in our sole discretion, without liability or penalty, make partial shipments of products to you. Each shipment will constitute a separate sale, and you shall pay for the units shipped whether such shipment is in whole or partial fulfillment of your Order. A delay in delivery or default of any installment shall not relieve Customer of its obligation to accept and pay for remaining deliveries. The quantity of any installment of products as recorded by us on dispatch from our fulfillment centers/warehouses is conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
Please check the individual product page for specific delivery options and delivery destinations.
If we are responsible for shipping the products to you, we will arrange for such shipment and you will pay all shipping, handling and insurance charges in accordance with your selected delivery option. If you order products for delivery to an international delivery destination (outside of the United States), your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your Order. You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you breach any such law.
If you are responsible to take delivery of the ordered products and you fail to take delivery within 10 days after the day on which we notified you that the products were ready for delivery, we may resell part of, or all the products and deduct from the refundable price any reasonable storage and re-selling costs or charge you for any shortfall below the price of the products.
Shipping or delivery dates are best estimates only and subject to change based on our commitments at the time your Order is received and accepted, on your diligence in providing all information necessary to permit us to complete the Order and on your ability to secure financing of the Order. When we are providing financing to you, shipments will not be made until all required security agreements and financing statements have been executed and approved by us. We are not liable for any delays in shipments.
7. RISK OF LOSS AND TITLE
Title and risk of loss or damage to the products pass to you upon our shipment of the products.
8. PAYMENT TERMS
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an Order.
We accept Discover, AMEX, Visa, Mastercard, debit or credit cards, wire transfers and any other payment methods displayed on our Site at the time of your Order for all purchases. We will charge your debit card or credit card at the time of your issuance of the Order.
You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you in relation to an Order, including shipping and handling charges and all applicable taxes, if any, in the Transactional Currency of the Site.
In case you fail to pay as described in the foregoing paragraph, we reserve the right to (i) stop all pending and future shipments of products or performance of services; and/or (ii) refuse additional orders and suspend any services until all overdue amounts are paid in full.
9. EQUIPMENT RETURN POLICY
Upon receipt of the products, you must open and inspect all boxes immediately for possible freight damage, items shipped in error or missing items. If you find an issue, we will accept a return of the products for refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) calendar days from delivery of the affected shipment, with valid proof of purchase and provided such products are returned in their original condition. Failure to notify us in writing within said thirty (30) days’ period shall constitute an irrevocable acceptance thereof and will result in your waiver of any right to claim for remedy. To return products, you must contact our Customer Care team https://aviatnetworks.com/how-can-aviat-help-you/rma/ to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. All returns, except for items shipped in error, are subject to a restocking fee and other fees and charges, as applicable. Refunds are processed only after our receipt of your products and inspection of the condition of the products. If there is damage, wear and tear, or if there are missing components or accessories, we will charge you for repair/refurbishment in addition to a restocking fee and other charges Your refund will be credited back to the same payment method used to make the original purchase on the Site.
10. LIMITED WARRANTY
All products, Licensed Programs and services purchased via the STORE shall be subject to our limited warranty terms stated here:
11. INTELLECTUAL PROPERTY USE AND OWNERSHIP
You acknowledge and agree that:
We and our third-party licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each product, Licensed Program and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights.
You do not and will not have or acquire any ownership of these intellectual property rights in or to the products, Licensed Programs or services made available through this Site or of any intellectual property rights relating to those products, Licensed Programs or services.
The sale and/or license of products, Licensed Programs or Services under these Terms confers on you no right in, license under, access to, or entitlement of any kind to any of Aviat Networks’ or its third-party licensors’ technical data including, but not limited to design, process technology, software, concepts, ideas, methods, methodologies, procedures, processes, know-how, techniques, models, templates, the generalized features of the structure, sequence and organization of software, user interfaces and screen designs, general purpose consulting and software tools, utilities and routines, and logic, coherence and methods of operation of systems design, process technology, drawings, or to any of Aviat Networks’ or its third-party licensors’ inventions (whether or not patentable), irrespective of whether any such technical data or invention or any portion thereof arose out of work performed under or in connection with an Order from you, and irrespective of whether you have paid or are obligated to pay us for any part of the design or development of the products, Licensed Programs or services.
Your use of the Licensed Programs is subject to our standard Software License Terms available here:
If you purchase for resale, it is a condition of your right to sub-license the Licensed Programs to your end-users you procure from your end-users a written End-User Software License Agreement (EULA) in the form available here and that you promptly deliver to us a copy of each such signed EULA upon request.
You will not cause, induce or permit others' noncompliance with these Terms. You shall not violate or cause to be violated our or out third-party licensors’ copyright in the documents, including any training and/or Certification Program materials or Licensed Programs, nor use any other Intellectual Property Rights of Aviat Networks or its licensors beyond or contrary to the license terms specifically granted to you.
Our Intellectual Property Rights infringement indemnification undertakings are as stated here:
12. DISCONTINUED AVAILABILITY/LAST TIME BUY
You acknowledge that we have made no representation about the continued availability of the products, Licensed Programs or services offered on our Site. We reserve the right, in our absolute discretion, with or without notice, without incurring any liability to you or otherwise, whether in contract or tort, to discontinue manufacturing or selling any of the items listed in our product offering on our Site at any time or from time to time. Upon notice, we will provide you with an opportunity to purchase such quantities of the products within six (6) to twelve (12) months of said notice (“Last Time Buy”). Your Last Time Buy rights are limited to products available in our inventory at the time of your request. Standard warranty provisions will apply to products that have been discontinued and are no longer manufactured.
For a period of five (5) years from the date of our notice that the product has been discontinued and subject to continued availability of components, hardware defect repair and replacement services will be available, including the repair and/or replacement of component parts. However, such services shall only be provided if you have extended and converted your standard warranty coverage to an AviatCare Extended Warranty or Extended Warranty Plus Support Program.
We reserve the right to alter or discontinue at any time any Certification Program without liability without notice and without incurring any liability to you or otherwise.
13. CONFIDENTIALITY
We will not be obliged to safeguard or hold confidential any data whether technical or otherwise, furnished by you for our performance of the Order unless (and only to the extent that) you and us have entered into a separate written confidentiality agreement.
You shall not disclose our confidential or proprietary data to others without our prior written permission.
14. EXCUSABLE DELAY
We shall be excused from performance under an Order and not be liable to you for delay in performance attributable in whole or in part to any cause beyond our reasonable control, including, but not limited to, actions or inactions of government whether in its sovereign or contractual capacity, judicial action, war, civil disturbance, insurrection, sabotage, act of public enemy or terrorism, labor difficulties, failure or delay in delivery by our suppliers or subcontractors, transportation difficulties, shortage of components, energy, materials, labor or equipment, accident, fire, flood, storm or other act of nature, your fault or negligence or where compliance with any applicable environmental law or regulation by us is not reasonably technologically or economically feasible, or would otherwise require us to change our manufacturing process (“Excusable Delay”).
In the event of an Excusable Delay, we will make reasonable efforts to notify you of the nature and extent of such delay and (i) we shall be entitled to a schedule an extension on at least a day-for-day basis, and (ii) if the delay is caused by your fault or negligence, we shall be entitled to an equitable adjustment in price under the Order.
15. COMPLIANCE WITH APPLICABLE LAWS
You warrant and represent that you shall, at your own expense, comply with all laws and regulations relating to your activities under an Order and these Terms, as they may change from time to time, and with any conditions binding on you in any applicable licences, registrations, permits and approvals.
EXPORT AND RE-EXPORT RESTRICTIONS.
You acknowledge that the products and Licensed Programs sold or licensed to you by us under these Terms may be subject to export controls under the laws of the United States or Canada, including without limitation, the requirement to obtain necessary approvals and licenses prior to the acceptance of any orders, or the export of Products, Licensed Programs or documentation pertaining thereto. Such shall also apply, by way of example only, to spare parts, warranty items delivered by us in connection with the products, and the transfer or re‑export of any such products, Licensed Programs, spares, warranty items or documentation pertaining thereto by you to your customers thereafter.
You will not export, re-export, sell, lease, release, assign, transfer, convey or in any manner dispose of, either directly or indirectly the products, Licensed Programs, spares, warranty items or documentation pertaining thereto or other technology or products manufactured from the items sold or licensed by us under these Terms in violation of the export control laws of the United States or Canada.
You agree to provide us with timely and accurate End-User Statements when we so require.
We shall be excused from performance and liability for failure to deliver products, Licensed Programs, spares, warranty items or documentation pertaining thereto resulting from the U.S. Government’s or Canada Government’s denial or withdrawal of approval to export products, Licensed Programs, spares, warranty items or documentation pertaining thereto to you or your customers.
If we have reasons to believe that you have misrepresented, or failed to properly disclose, any fact with regard to end use, end users or country of ultimate destination or any other information supplied or requested pursuant to the End-User Statement, we may without liability to you terminate the Order for default immediately and discontinue all performance under any other pending or future Order from you.
WASTE RECYCLING LAWS. You acknowledge and agree that the supply of products by us to you, and the resale or re-supply of such products by you to your end-users, may give rise to obligations for us and you under various environmental laws in any jurisdiction worldwide pertaining to the use of hazardous substances, or the recycling or treatment of waste equipment. If so required by the applicable environmental laws, you shall be responsible for the collection, recycling, reuse and disposal of products purchased from us. You shall indemnify and hold us and each of our affiliates harmless against all expenses, costs, claims, liabilities or damage of any nature incurred by any of them relating to or otherwise arising in connection with your compliance with, failure to comply or alleged failure to comply with your obligations under the applicable environmental laws. You shall provide us with such compliance plans or other documents and information that we may reasonably request to enable us to verify and prove to any enforcement agency the compliance by you and us of our respective obligations under the applicable environmental laws.
16. LIMITATION OF LIABILITY
YOU ARE EXPRESSLY NOTIFIED THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR (B) LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS, OR LOST OR CORRUPTED DATA, OR DIMINUTION IN VALUE OR (C) LOSSES RESULTING FROM SYSTEM SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVIDING INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, WHETHER ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, STRICL LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICL LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF ONE HUNDRED THOUSAND UNITED STATES DOLLARS ($100,000.00 USD) OR THE ACTUAL SALES PRICE PAID BY YOU FOR ANY PRODUCTS, LICENSED PROGRAMS OR SERVICES SOLD THROUGH THE SITE.
THIS ARTICLE SHALL SURVIVE THE TERM OR EXPIRATION OF OUR AGREEMENT.
YOUAGREE TO INDEMNIFY US AGAINST ALL LOSS OR LIABILITY FROM CLAIMS BY YOU OR A THIRD PARTY ARISING OUT OF OR RELATING TO YOUR INSTALLATION, OPERATION, OR MISUSE OF THE PRODUCTS OR LICENSED PROGRAMS, WHETHER ON ACCOUNT OF NEGLIGENCE OR OTHERWISE.
WHERE WE RELY ON INFORMATION PROVIDED BY YOU TO SUPPLY THE EQUIPMENT, LICENSE THE SOFTWARE OR PROVIDE SERVICES, WE SHALL NOT BE LIABLE AND YOU HEREBY RELEASE YS OF ANY LIABILITY FOR CONSEQUENCES RESULTING FROM THE INACCURACY OF THE DATA PROVIDED TO US AND/OR FROM YOUR FAILURE TO PROVIDE AND/OR TIMELY PROVIDE SUCH DATA.
17. PRIVACY
We respect your privacy and are committed to protecting it. Our Privacy Policies governs the processing of all personal data collected from you in connection with your purchase of products, Licensed Programs or services through the Site.
18. APPLICABLE LAW, VENUE AND JURISDICTION
The construction, validity, enforcement, and interpretation of these Terms and/or of the contract formed between you and us by our acceptance of your Order and any disputes related thereto, shall be governed by and interpreted in accordance with the laws of the State of Texas, USA, regardless of any conflict of law principles requiring the application of any other law. The application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms and the contractual relationship between you and us is specifically excluded.
YOU AND US ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules") in effect on the Effective Date of these Terms.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Arbitration proceedings will be held in Travis County, Texas, U.S.A. The proceedings, all documents, correspondence and the Arbitration Award must be written in English. Any award of the arbitrator(s) will be final and binding on each of the parties, must include the question of the cost of the arbitration and may be entered as a judgment in any court of competent 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.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
19. GENERAL PROVISIONS
Assignment. You shall not assign any of its rights under these Terms, voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law or any other manner. Any purported assignment of rights in violation of this prohibition is null and void. We may assign or transfer our rights and obligations under a contract with you to another entity but will always notify you in writing or by posting on the Site if this happens.
Enforceability. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will, to the extent of such invalidity, illegality, or unenforceability, be severed, but without in any way affecting the remainder of such provision or any other provision contained herein, all of which shall continue in full force and effect.
No Waiver. Waiver or failure by us to enforce any of the Terms hereunder or the delay in exercise of any of our remedies or any terms or condition herein, will not be a future waiver of any such right, or be a waiver of any other term, condition or remedy contained herein.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
Notices. All notices must be in writing and will be effective when received by (i) personal delivery, (ii) registered, certified, or nationally recognized overnight mail, proof of receipt requested, and (iii) facsimile, if confirmed within three (3) business days by one of the other methods herein, at the addresses or facsimile numbers indicated or to such other addresses or facsimile numbers as the parties may specify by giving notice pursuant hereto. A copy of all legal notices must be sent to Aviat Networks, Inc., 200 Parker Dr. Suite C100A, Austin, Texas 78728, USA, Attn: Legal Department, facsimile no. +1 (512) 827-0350. A copy of all notices will be sent to you at the address provided on your Order or advised in your user profile on the Site.
Language. These Terms is in the English language only, which language shall be controlling in all respects.
Publicity. Any news release, public announcement, advertisement, or publicity released by either party concerning these Terms, will be subject to the prior written approval of the other party, and which such approval shall not be unreasonably denied. Any contemplated or proposed publicity shall give due credit to the contributions of each party. In addition, no consent shall be required where disclosure of these Terms, Orders, statements of work, or any matter directly or indirectly related to these Terms or an Order is required by any law and/or regulation.
Surviving Provisions. Notwithstanding the expiration or early termination of an Order, the provisions regarding the Limited Warranty, Intellectual Property Rights and Ownership, Confidentiality, Limitation of Liability, General Provisions of these Terms, and payment obligations resulting from any outstanding invoice(s) will each survive such expiry or termination of an Order. However, if you breach any provision of these Terms, the Limited Warranty and any indemnification obligations of Aviat Networks under these Terms shall not survive.
20. ENTIRE AGREEMENT
Our Order confirmation, these Terms relating to any product, Licenses Program or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.