Terms of Use

These Terms of Use ("Agreement") is a legal agreement between you (either as an individual or any other legal entity) and AudioCodes Ltd. or any of its Subsidiaries ("AudioCodes"). Your access to, and use of AudioCodes website ("Website") is subject to, and governed by, this Agreement. Be sure to carefully read and understand all of the rights and restrictions delineated in this Agreement. For your reference, you may print this Agreement by using the "Print" option on your browser. By accessing the Website, you confirm your agreement to and acceptance of these terms. AudioCodes reserves the right to update the Agreement at any time without notice to you. You may view the current applicable version of the Agreement at any time by clicking on the "Terms of Use" link at the bottom of each Website page. For the purpose of this Agreement Subsidiary shall mean an entity that directly or indirectly (a) controls or is controlled by AudioCodes Ltd. by fifty percent (50%) or more of the voting stock, shares or voting power, or (b) is under common control with, AudioCodes Ltd. by more than fifty percent (50%) of the voting stock, shares or voting power of the entity and AudioCodes Ltd.

NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CERTAIN AUDIOCODES WEBSITES INCLUDING, BUT NOT LIMITED TO PASSWORD PROTECTED SITES, CONTAIN TERMS OF USE IN ADDITION TO, OR DIFFERENT FROM THE AGREEMENT, AND THE TERMS OF USE POSTED ON SUCH WEBSITES SHALL APPLY.

1. Access. AudioCodes is entitled to terminate or suspend your access to the Website or parts thereof, without notice, for any reason. AudioCodes makes no representation that the information contained on this Website or that access to this Website is appropriate or available for use throughout the world. You are responsible for compliance with all applicable laws in the geography from which you access to this Website, including but not limited to, all applicable export and import laws and regulations.

2. Copyright. The material provided on this Website is protected by U.S and worldwide copyright laws and treaties. Except as specifically agreed, AudioCodes grants you permission to copy materials on the Website solely for informational non-commercial use in support of AudioCodes products. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without AudioCodes’ permission, "mirror" any material contained on the Website or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, mask work protection right or any other intellectual property right of AudioCodes.

3. Trademarks. AudioCodes, AudioCodes logo, AC, Ardito, IPmedia, Mediant, MediaPack, MP-MLQ, NetCoder, Stretto, TrunkPack, VoicePacketizer and VoIPerfect, Nuera, Netrake, Ai-Logix are trademarks or registered trademarks of AudioCodes. All other marks appearing on the Website are the property of their respective owners. Nothing in the Website may be interpreted so as to grant to you, directly or indirectly, the use of a trademark or service mark, whether belonging to AudioCodes or third parties, without the written permission of AudioCodes.

4. Information Provided to AudioCodes.  AudioCodes does not want you to, and you should not, send any confidential or proprietary information to AudioCodes via the Website. Any submission by you to AudioCodes, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of AudioCodes. Furthermore, by your submission you grant AudioCodes an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. AudioCodes shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

5. Links. AudioCodes may provide hyperlinks or pointers to other websites maintained by third parties. The links to any such third party websites are provided for your convenience and information only. The content in any linked website is not under AudioCodes’ control and if you decide to access any such website, you do so entirely at your own risk. The fact that AudioCodes provides a link to a third party website, does not mean that AudioCodes endorses, authorizes or sponsors any such site or that AudioCodes is affiliated with such third party. Under no circumstances shall AudioCodes be liable to any person or legal entity for any direct, special, incidental, punitive, indirect or consequential damages, arising out of the information contained in these third party websites.

6. Product Availability. The availability of the products described on the Website, and the product descriptions, may vary from time to time and from country to country. You should consult the applicable AudioCodes affiliate or authorized distributor for availability of specific products in your area.

7. Software License terms. Unless otherwise specifically agreed in a signed agreement, any software you download from the Website is governed by the license agreement accompanying the software.

8. Export of Information. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded or otherwise exported in violation of United States law or any other local law from where you may be accessing the Website. You agree to comply with all United States and foreign Federal, State and local laws and regulations applicable to the use of the Website.

9. Limitation of Liability. AUDIOCODES, ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF (OR THE INABILITY TO USE) THE WEBSITE OR ANY MATERIAL ON THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF AUDIOCODES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Assignment. This Agreement may not be assigned or transferred by you without the prior written consent of AudioCodes. AudioCodes may assign this Agreement to any affiliate or third party in part or in whole.

11. Governing Law. Any claims relating to AudioCodes’ Website shall be governed by the laws of the State of New York, USA, without regard to of its conflict of law provisions. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the Borough of Manhattan, New York City for the purposes of adjudicating any matter arising from or in connection with this Agreement. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT AND/OR THE USE OF THE WEBSITE.

12. Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.

13. AudioCodes Privacy Statement. AudioCodes respects your privacy and is committed to protecting it. Please read this Privacy Statement carefully as it explains what information we collect and how we handle and use this information. By registering on AudioCodes website, logging in, or by any other method of voluntarily providing us with your personal information, you will be deemed to have accepted the terms and conditions of this Privacy Policy.

13.1 Collected Information and Its Use.

13.1.1 To assist AudioCodes in delivering services to you AudioCodes may collect information about you or your computer when you browse on our website, or if you choose to register and take advantage of our services. Such information may include your computer’s IP address, your name, email address, mailing address, telephone number, occupation, title, gender, company you work for and other such information.

13.1.2 AudioCodes will use the information it collects to help it improve the usefulness and effectiveness of AudioCodes’ Website, and to personalize your experience on our website, to help you log on in the future and to continue to use the Website. By knowing your preferences AudioCodes can deliver relevant information that meets your needs and ensure that your visit to the Website is quick, easy and productive.

13.1.3 AudioCodes may use your IP address to conduct analysis of user traffic, to help diagnose problems with its servers, administer the Website, or to enable selected third parties to provide us with information on the companies visiting the Website.

13.1.4 As AudioCodes is an international company having offices worldwide, including Israel, Europe, USA, North America, Latin America and the Far-East, there may be occasions where information may be transferred from one country or continent to another.

13.1.5 AudioCodes may use your email address to respond to inquiries and to provide you with information that may be of interest to you, relating to products similar to those you use or have used in the past. Every email you receive from us will contain simple instructions for removing yourself from the list.

13.2 Use of Cookies

13.2.1 AudioCodes website uses “cookies” to enable you to sign in to our services and to help personalize your online experience. A cookie is a small text file that is placed on your computer by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. 

13.2.2 AudioCodes uses cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content and appropriate advertising on your later visits to these sites. AudioCodes also uses the cookies to measure the effectiveness of its online presence, to determine the path users take on our site and to identify repeat users of our site.

13.2.3 You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of AudioCodes sites and services that depend on cookies. 

13.3 Children’s Privacy. AudioCodes is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. AudioCodes does not knowingly collect information from children under the age of 13 and AudioCodes does not target its website to children under 13.

13.4 Accessing your Information.

13.4.1 If you want to access or update any of your information held by AudioCodes, you can make certain changes on-line (by clicking on "My Profile" while you are logged in). Please contact us at: webmaster@audiocodes.com if you need assistance in relation to your personal information, or if you are having problems removing yourself from the list.

13.4.2 AudioCodes reserves the right to access and disclose personal information to comply with applicable laws and lawful governmental requests, to operate its systems properly, or to protect itself or its users. 

13.5  Sharing of Information with Third Parties

13.5.1 We may need to pass your personal information to third parties who help us to maintain, administer or develop our Website. If so, that information is only given to those third parties for that limited purpose.

13.5.2 From time to time, AudioCodes may pass your personal information to selected third parties who will help AudioCodes to provide you with products, services and information that might be of interest to you. 

13.5.3 If we do disclose personal information to third parties, we will only do so to third parties whom we consider to have satisfying measures to protect your personal information.  

13.6 Information Security. We take reasonable precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. 

13.7 Links to Third-party Websites. This Website may contain links to third-party Websites. AudioCodes is not responsible for the privacy practices of such Websites. 

13.8 Changes to This Privacy Statement. AudioCodes will occasionally update this Privacy statement to reflect changes in our services and customer feedback. When we post changes to this statement, we will revise the “last updated” date at the top of this statement. We encourage you to periodically review this statement to be informed of how AudioCodes is protecting your information. 

13.9 Contacting Us. AudioCodes welcomes your comments regarding this Privacy Statement. If you have questions about this statement or believe that we have not adhered to it, please contact us at: webmaster@audiocodes.com, or at:
  AudioCodes Ltd.
  1 Hayarden St. Airport City,
  Lod Israel, 70151.

14. Forward-Looking Statements. Certain information included on this Website is forward-looking and is subject to important risks and uncertainties. The results or events predicted in these statements may differ materially from actual results or events. Factors which could cause results or events to differ from current expectations include, among other things: the impact of price and product competition; the dependence on new product development; the impact of rapid technological and market change; the ability of AudioCodes to make acquisitions and/or integrate the operations and technologies of acquired businesses in an effective manner; general industry and market conditions and growth rates; international growth and global economic conditions, particularly in emerging markets and including interest rate and currency exchange rate fluctuations; the impact of consolidations in the telecommunications industry; the uncertainties of the Internet; stock market volatility; the ability of AudioCodes to recruit and retain qualified employees; political and military developments, which may affect the operations and/or markets in which AudioCodes operates. For additional information with respect to certain of these and other factors, see the reports filed by AudioCodes with the United States Securities and Exchange Commission. AudioCodes disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

15. Disclaimers.

15.1 WHILE AUDIOCODES ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. AUDIOCODES MAY CHANGE THE INFORMATION ON THE WEBSITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL, INCLUDING SOFTWARE, ON THE WEBSITE AND THE WEBSITE ITSELF IS PROVIDED "AS IS" AND AUDIOCODES DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AUDIOCODES SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERY, WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE WEBSITE.

15.2 AUDIOCODES MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

15.3 ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE.

15.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUDIOCODES OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

This constitutes the entire agreement between the parties with respect to the Website and its use and, except with respect to AudioCodes Websites containing additional or different terms of use, supersedes all prior agreements, proposals, communications between the parties and understandings, whether written or oral.
 

© 2008 AudioCodes Ltd. All rights reserved. September 2008