Hatteras Networks

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Mobile Backhaul Issues Solved With BFP
Selling Mid-Band Ethernet Services
Ethernet Backhaul
Mid-Band Ethernet Service Handbook
Mid-Band Ethernet Technology Handbook
Mid-Band Ethernet Spectral Compatibility
Mid-Band Ethernet: The Business Case by
Whither T1? Mid-Band Ethernet Delivers 2
An Advanced VLAN Framework for Networks
Copper Rides Again
Advanced Quality of Service for Carrier

By submitting your information via the form above (the “Form”) to apply to download Hatteras Networks, Inc. (“Hatteras”) whitepapers, datasheets or other materials available for download (“Hatteras Documents”) ] from www.Hatterasnetworks.com (the “Site”), you (“You”) on behalf of organization You specified on the Form, agree to be bound by the terms of this agreement (the “Agreement”), without modification, including all disclaimers, terms and conditions set forth in this agreement.  The use of the term, “You” from this point forward shall refer to the Organization. If You are an individual executing this Agreement on behalf of an organization, You represent that You are acting as an agent of that organization and that You have all requisite authority to execute this Agreement on behalf of that organization and to bind that organization as a party to this Agreement.  If You do not agree to the terms of this Agreement, You must neither apply to download the Hatteras Documents nor access the Hatteras Documents if You receive them and Hatteras does not agree to grant you any license to the Hatteras Documents whatsoever. 

If Hatteras approves your request to receive certain Hatteras Documents, and delivers such Hatteras Documents to you, subject to the terms and conditions of this Agreement, Hatteras grants You a non-exclusive, non-transferable license to access and view the Hatteras Documents for Your own internal business purposes for a period of 12 months, solely in accordance with this Agreement for the purposes of evaluating Hatteras product capabilities and/or determining whether the Hatteras products would be compatible with Your organization. Hatteras reserves the right at any time and for any reason it deems sufficient, in its sole discretion, to terminate this Agreement, revoke the licenses granted hereunder, to deny You future access to the Hatteras Documents, to require that you return or destroy all Hatteras Documents, or to impose other conditions on Your future licenses to view the Hatteras Documents, including but not limited to requiring payment of subscription or license fees as a prerequisite for future access.  Hatteras reserves the right to modify this Agreement at any time and changes shall be effective immediately upon posting to this Site.  You acknowledge and agree that it is Your sole responsibility to access this Site from time to time to check for any modifications to this Agreement.  

This Site and the Hatteras Documents are copyrighted by Hatteras.  You may not copy or distribute, make derivatives, or publicly display, the content or features of the Site or the Hatteras Documents.

You agree that all items of Confidential Information (defined below) are proprietary to Hatteras, as applicable, and shall remain the sole property of Hatteras.  You agree that You will: (i) use the Confidential Information only for the purposes described in this Agreement; (ii) not reproduce Hatteras’ Confidential Information and will hold in confidence and protect such Confidential Information from dissemination to, and use by, any third party; (iii) will not create any derivative work from Hatteras’ Confidential Information; (iv) restrict access to Hatteras’ Confidential Information to such of Your personnel, agents, and/or consultants, if any, who have a need to have access and who have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement; and (v) return or destroy, at Hatteras’ request, all Confidential Information of Hatteras in Your possession upon termination or expiration of this Agreement.  For the purposes of this Agreement, “Confidential Information” shall mean all written or oral information, disclosed by Hatteras to You, related to Hatteras’ operations that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential.  All Hatteras Documents and all information therein, is Confidential Information.

In addition to these terms and conditions, from time to time Hatteras posts to this Site its then-current privacy policies and policies governing Hatteras’ use of Your information provided via the Site at http://www.hatterasnetworks.com/default.aspx?pagename=legal_notices.  You agree to abide by all such policies, which Hatteras may modify in its discretion, and by all applicable laws and regulations.  Changes to such policies are effective when posted to the Site.  

THE HATTERAS DOCUMENTS ARE PROVIDED ON AN 'AS IS,' 'AS AVAILABLE' BASIS, AND HATTERAS MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE HATTERAS DOCUMENTS, FOR ANY PURPOSE.  HATTERAS DOES NOT WARRANT THAT THE HATTERAS DOCUMENTS WILL MEET YOUR REQUIREMENTS. EXCEPT AS MAY BE OTHERWISE AGREED IN WRITING BETWEEN YOU AND HATTERAS, HATTERAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR COURSE OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  EXCEPT AS MAY BE OTHERWISE AGREED IN WRITING BETWEEN YOU AND HATTERAS, IN NO EVENT WILL HATTERAS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE HATTERAS DOCUMENTS OR ANY HATTERAS PRODUCTS, OR FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER LOSSES, EVEN IF HATTERAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
IN THE EVENT THE ABOVE LIMITATION IS NOT ENFORCEABLE IN WHOLE OR IN PART FOR ANY REASON, HATTERAS SHALL IN NO EVENT BE LIABLE ON ANY GROUND FOR MORE THAN TEN DOLLARS ($10.00 USD).  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

This license constitutes the entire agreement between Hatteras and You with respect to Your rights to access and use the Hatteras Documents.  This Agreement shall be construed and enforced in accordance with the laws of the United States and the State of North Carolina.  Any dispute arising out of this Agreement shall be adjudicated exclusively in the state or federal courts of the United States and the State of North Carolina and Hatteras and You both consent to personal jurisdiction and venue therein.

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