TERMS OF USE

INTRODUCTION
Telit IoT Platforms, LLC and affiliated companies in the Telit corporate group ("Telit", "we", "us" and "our") administer the websites available under the telit.com, devicewise.com and telit2market.com domains, as well as other Telit-related domains and the content available through Telit’s social media accounts such as LinkedIn, Facebook and Twitter (collectively, the "Website").Please carefully read the following terms and conditions (the "Terms" or the "TermsofUse"). By using or accessing the Website (and the content and services offered therein), contacting us through any of our contact forms, or by registering to our newsletters or our online community, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Website in any way.

 

ABOUT THE WEBSITE

The Website's content is presented for informative purposes only.

The Website provides information about Telit’s products, services and solutions (collectively, the “Products”). It also offers access to resources such as brochures, software, whitepapers, videos, the telit2market IoT magazine, developer and Product documentation, the Telit eSHOP the Telit Download Zone and Telit's Technical Forum (collectively, the “Resources”).

The Website also provides general information regarding Telit's business and activities, investor-relations information, and careers at Telit, some of which you may apply for through designated web-based forms.

Some sections of the Website allow you to submit your contact information, in order, for example, to receive further information and updates regarding Products, to gain access to certain Resources, to purchase products through Telit's E-Store or to allow us to contact you with respect to your queries concerning careers at Telit.

Please note that use and access to various parts of the Website and the content accessible from the Website are subject to their own terms of service, terms and conditions or license agreements. For example, the Telit IoT Portal is governed by its own separate terms of service, and the Telit eSHOP is governed by its own Terms and Conditions and Privacy Policy. Likewise, your receipt of Telit Products is subject to a separate agreement, not these Terms. This includes the Telit IoT AppZone SDK, which is available for download through the Website and whose use is governed by its own End User License Agreement, not these Terms, and products purchased through the Telit eSHOP.

 

ACCEPTABLE USE OF THE WEBSITE

You are required to comply with the following terms which regulate the acceptable use of the Website and the content available on it. You agree to abide by all applicable laws. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Website and the access and use of the Website by anyone on your behalf.

While using the Website, you will refrain from –

  • Breaching these Terms or any other applicable Website rules and instructions that we may provide;
  • Interfering with, burdening or disrupting the functionality of the Website or any content accessible through the Website;
  • Breaching the security of the Service or identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation, or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website;
  • Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Website;
  • Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website, independently from the web pages on which they originally appear;
  • Displaying content from the Website, including by any software, feature, gadget or communication protocol, which may alter the content or its design;
  • Collecting, harvesting, obtaining or processing personal information of or about other users of the Website; and
  • Linking to the Website from web pages that contain pornographic content or content that is unlawful or encourages activity that is unlawful or that would otherwise reflect poorly on Telit.

You may not post, disseminate, transmit or otherwise communicate through or on Telit’s Technical Forum any content which:

  • Impersonates any person or entity, or is a false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
  • May infringe rights of others, including a person's right to privacy or right of publicity, patents, copyrights, trade secrets and trademarks;
  • May include software viruses, spyware or any other malicious applications;
  • May encourage, support, assist, or advise in the commission of a criminal offense;
  • May, through posting, publication, dissemination, or making available to the public, be prohibited by any applicable law, including court orders;
  • May be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise morally objectionable;
  • May be defamatory or mean-spirited, including references or commentary about religion, race, sexual orientation, gender, or other targeted groups;
  • May include unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.

We reserve the right, but are not obligated to, review the content posted on or through Telit’s Technical Forum, to make sure that it complies with these Terms. If we, in our discretion, determine that posted content violates these Terms, we may remove it from the Website, with or without notice.

You may not access or use the Website in order to develop or create similar or competitive products.

 

REGISTRATION; SUBMISSION OF CONTACT INFORMATION AND JOB APPLICATION FORMS

The Website is accessible to all Internet users. However, certain Resources, such as the Technical Forum and Download Zone are available only to registered users. Access to other Resources may require that you submit your contact information.

When you register to the Website or submit one of the Website’s contact information forms, we ask you to provide us with certain contact and personal details, such as your full name and an active e-mail address. You must submit only true, accurate and complete details.

False, incorrect or out-dated information submitted by you may prevent you from registering and impair our ability to provide you access to the Resources and to contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the required information in these fields, you will not be able to register to the Website or complete the form. We will use your information only in accordance with our Privacy Policy, which is incorporated by reference into these Terms.

Nothing on the Website, including submission of inquiries or contact-us forms, obligates us to engage or conduct business with you, partner with you or provide you with any products or services. Likewise, nothing in your submission of job application forms for job vacancies at Telit, whether through the Website or by email, obligates us to consider your candidacy, contact you with respect to any job vacancy, or hire you for any position at Telit.

If you use a username and password to log-in to certain portions of the Website, you must maintain the confidentiality of your username and password and refrain from disclosing them to others. Make sure that you change your password periodically. You are prohibited from selling or transferring your account and log-in details in any way, to another user, entity or any third party.

You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of registering or completing the Website forms, and for any use or misuse of your account on the Website as a result of providing your log in information to someone else.

We may terminate, suspend or block your account, for any reason, at any time and at our sole discretion.

We reserve the right to request additional information to verify your identity, during the registration process, at any time during the course of your use of the Website, or when you submit requests related to your account on the Website. If you fail to provide us the requested information, we reserve the right to suspend or terminate your account, pursuant to these Terms.

In addition, notwithstanding any remedies that may be available to Telit under any applicable law, we may temporarily or permanently block, limit, suspend, or terminate your user account, prohibit you from accessing the Website or any part thereof, and take technical and legal steps to keep you off the Website, if we believe that -

  • You abused your rights to use the Website; or,
  • You have breached the Terms; or,
  • You deliberately submitted false information or have failed to comply with our reasonable requests for information regarding your identity; or,
  • You performed any act or omission that violates any applicable law, rules, or regulations; or,
  • You performed any act or omission which is harmful or likely to be harmful to Telit, or any other third party, including other users and partners of Telit; or,
  • You used the Website or the content available on it to perform an unlawful act, or for the purpose of enabling, facilitating, assisting or inducing the commission of such an act; or,

Upon termination of these Terms or your account, for any reason -

  • Your right to use the Website is terminated and you must immediately cease it; and,
  • We will not be liable to you or any third party for termination of access to the Website.

 

PRIVACY

We respect your privacy. Our Privacy Policy explains the privacy practices on the Website and is incorporated by reference into these Terms.

 

REQUESTS TO REMOVE USER CONTENT FROM THE WEBSITE

You and third parties may request that we remove user posted content from the Website.

Any requests to remove posted content that purportedly infringes copyrights, must be made in accordance with our Copyright Policy, which is incorporated to these Terms by reference.

If you find user posted content on the Website that otherwise violates these Terms, please let us know by contacting us through the channels listed at the end of these Terms. We will review every request and take action as we deem necessary.

 

LINKS TO OTHER SITES

The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not suitable for your requirements. By linking to a certain website or source, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability.

 

INTELLECTUAL PROPERTY

All rights, title and interest in and to the Website (including all content on the Website such as Resources, and Product information) including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to Telit.

Subject to any specific terms of use, license agreements or the like that are applicable to relevant parts of the Website or the content accessed, you may use the content available on the Website for your own internal business purposes only. Do not otherwise copy, duplicate, distribute, sell, make available, market and translate any information, including trademarks, images, pictures, texts and computer code from the Website, without Telit’s explicit prior and written consent.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of Telit and other providers of the Services. You must refrain from any action or omission which may dilute, or tarnish our goodwill.

 

DISCLAIMER OF WARRANTY

TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TELIT PROVIDES THE WEBSITE AND THE CONTENT THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TELIT DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

TELIT doES not warrant that THE WEBSITE will operate in an UNINTERRUPTED or error-free manner, OR THAT IT WILL ALWAYS BE AVAILABLE or free from all HARMFUL components. YOU AGREE AND ACKNOWLEDGE THAT THE Use of THE WEBSITE is at your own risk.

 

LIMITATION OF LIABILITY

TELIT, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND SUPPLIERS WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE OR ANY OF THE CONTENT THEREIN, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON THE WEBSITE, OR FROM ANY COMMUNICATION TELIT, OR FROM ANY DENIAL OR CANCELLATION OF A USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT ON THE WEBSITE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

 

INDEMNIFICATION

You agrees to indemnify and hold harmless Telit and its affiliates and its and their directors, officers, employees, sub-contractors, agents and suppliers, upon Telit’s request and at Customer’s expense, from, and against, any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, arising from any: (i) breach of any provision of these Terms, or (ii) third party complaint, claim, plea or demand alleging that your use of the Website or the content therein infringes or violates any right of a third party (including privacy, data protection and intellectual property), where such infringement or violation would have been avoided but for your use of Website or the content.

 

CHANGES IN THE WEBSITE

From time to time, we may change the Website's layout, design or display, as well as the scope and availability of the content and Services accessible therein, without giving prior notice. By their very nature, changes of this type may cause inconvenience or even malfunctions at first. You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.

 

TERMINATION OF OPERATION

We may, at any time, at our sole discretion, discontinue or terminate the operation of the Website, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend the offering of the Products, access to Resources or content in whole or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.

 

GOVERNING LAW AND JURISDICTION

Regardless of your jurisdiction of residence, or the jurisdiction where you engage in business or from which you access the Website, your use of the Website and these Terms will be exclusively governed by and construed in accordance with the laws of the State of New York, USA, excluding any otherwise applicable provisions of conflict of laws. In the event that a dispute is not settled amicably, the state courts in New York County in the State of New York and the federal District Court for the Southern District of New York, shall have sole and exclusive jurisdiction and venue over any such dispute and the parties hereto waive any objections thereto including on grounds of lack of personal jurisdiction or forumnon-conveniens. Notwithstanding the foregoing, (a) Telit may lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claim against Telit, and (b) nothing herein shall limit Telit’s right to seek immediate temporary or emergency relief in any other court with competent jurisdiction

 

AMENDMENTS TO THE TERMS

Telit may amend these Terms from time to time by posting the amended Terms on the Website in lieu of the existing Terms.

 

GENERAL

No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by Telit, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by Telit's authorized representative. Failure on Telit's part to demand performance of any provision in the Terms shall not constitute a waiver of any of Telit's rights under the Terms.

Except as otherwise expressly stated herein, nothing in these Terms confers any rights on any person other than you and Telit.

 

NO ASSIGNMENT

You may not assign these Terms without Telit’s prior written consent. Any purported assignment without our prior written consent is void. To the greatest extent permissible by law, Telit may assign these Terms in their entirety, in part or in whole without your consent, including all right, duties, liabilities, performances and obligations herein.

 

INTERPRETATION

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. "Including", whether capitalized or not, means without limitation.

 

SEVERABILITY

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.

 

CONTACT US

At any time, you may contact us with any question, claim or complaint that you may have with respect to the Website, by using the Contact Us section of the Website.

 

Last updated: October 2, 2017