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Thank you for using Fiberizer OTDR Trace Viewer! Web-based Fiber Optic Test and Measurement data management service Fiberizer OTDR Trace Viewer is provided to you by UAB Agizerus (”Agizerus”). These terms of use (the “Terms”) govern your access to and use of Fiberizer OTDR Trace Viewer (“we” or “our”) website and services (the “Services”), so please carefully read them before using the Services.

By registering or enrolling, as well as by accessing or using the Services in any way, you are agreeing to be bound by this Terms. If you are using the Services on behalf of an organization, you are agreeing to this Terms for that organization and promising that you have the authority to bind that organization to this Terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Agizerus and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time with prior notice to you.

Your Data & Privacy

By using our Services you provide us with information, OTDR files and other files that you have created and/or stored using the Services (together, “your data”). You retain full ownership to your data. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your data except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with your data, for example, hosting your files. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Microsoft, which provides our storage space (again, only to provide the Services).

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others, including law enforcement, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.

Your Responsibilities

You are solely responsible for maintaining the security of your account, your passwords, the content of your files and your communications with others while using the Services. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Agizerus of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data to the Services, it is your responsibility to use a secure encrypted connection to communicate with the Services.

Also it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

Agizerus will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.

You will not use or access the Services (including the uploading of any data) in any manner that (i) is illegal or violates the intellectual property rights or any other rights of any person or entity or (ii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program or (iii) interferes with the proper working of, or places an unreasonable load on, the Services’ infrastructure.

Services Property and Feedback

This Terms grants you certain rights to use our Services, but it doesn’t grant you any right, title, or interest in or to, the Services, or our trademarks, logos, domain names, or other brand features, or any information or materials relating to any of those things, all of which remain ours. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.

Acceptable Use

You will not, and will not attempt to, misuse the Services. For example, you must not, and must not attempt to, use the services to access, tamper with, or use non-public areas of the Service, Fiberizer Cloud (or trusted third parties we work with to provide the Services) computer systems; interfere with or disrupt any user, host, or network, for example by overloading, flooding or spamming any part of the Services; violate the law in any way, or to violate the privacy of others, or to defame others.

Other Content

The Services may contain links to third-party websites or resources. Agizerus does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.

Termination

Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

Services is available “AS-IS”

THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Agizerus will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the. Some jurisdictions do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AGIZERUS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT DROPBOX HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $10 OR THE AMOUNTS PAID BY YOUFOR THE FIBERIZER CLOUD SERVICES FOR THE PRIOR FOUR MONTHS. Some jurisdictions do not allow the types of limitations in this paragraph, so they may not apply to you.

Changes to these Terms of Use

We may revise these Terms in the future. If we do so, the most current version will always be posted on our website. If we ever make a change to these Terms that we believe materially reduces your rights, we will provide you with notice (by email or some another way). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY LITHUANIA LAW. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE VILNIUS COURT OF COMMERCIAL ARBITRATION, LITHUANIA. These Terms constitute the entire and exclusive agreement between you and Agizerus with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Agizerus’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Agizerus may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Agizerus and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Is there anything in these Terms you do not understand? If you have any questions about these Terms or permissions relating to Agizerus intellectual property rights, contact info@fiberizer.com.

For questions about our products, please contact sales@fiberizer.com.

These Terms were last modified on 19th September, 2012