Nortel: Terms of Use and Privacy Statement

Terms of Use and Privacy Statement

Nortel SEC Notice

Certain information included on this Web Site 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 Nortel 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 Nortel to recruit and retain qualified employees; and the impact of increased provision of customer financing by Nortel. For additional information with respect to certain of these and other factors, see the reports filed by Nortel with the United States Securities and Exchange Commission. Nortel disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Nortel Terms of Use

This Web Site is owned and operated by Nortel Networks Limited ("Nortel") Copyright Nortel Networks 1999-2011. All Rights Reserved.

By accessing or using our Web Site, you acknowledge that you have read, understand and agree to be bound by these Terms of Use.

Permitted Use and Ownership. The material provided on this Web Site is protected by U.S. and worldwide copyright laws and treaties. Except as specifically stated, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without Nortel' prior written permission. You also may not, without our permission, "mirror" any material contained on our Web Site or any other server. Permission is granted for you to make a single copy of documents published by Nortel on our Web Site solely for informational and non-commercial use within your organization; provided that you keep intact all copyright and other proprietary notices. No other use of the information provided is authorized.

Unauthorized Use. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Web Site, including but not limited to product information. Further, you may not use any such automated means to manipulate the Web Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Web Site to any third party.

Registration. You may use the Web Site without registration, but in order to take advantage of some aspects of the Web Site, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. Nortel may terminate your access to this Web Site at any time.

Acceptable Use Policy: This Web Site may provide you with a forum to express your personal opinions in a chat room, weblog or other online discussion group. When using such forums, you agree that (i) you have the right to post all information and materials, (ii) all opinions expressed are genuinely held based upon your research and consideration, (iii) you will not post any content that is libelous, defamatory or invades any privacy or publicity rights of any third party; or is abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable; or infringes any copyright, trademark, service mark, patent, trade secret or confidentiality obligation.

Postings by You: You hereby grant Nortel a perpetual license to use, redact, republish, copy and distribute your postings on the Web Site in any medium now known or hereinafter developed without payment of compensation to you. You agree to be solely liable for the content all of all information posted by you. You acknowledge that Nortel is under no obligation to monitor such forums, but may remove content in its sole and absolute opinion if such content violates these Terms of Use or are otherwise objectionable to Nortel. You should not rely upon any information obtained from a third party in such a forum.

Disclaimer. Your use of our Web Site is at your own risk. Nortel assumes no responsibility for the accuracy of the information contained on the Web Site. All information published on this Web Site is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Links to other Web Sites. Nortel may provide hyperlinks or pointers to other web sites maintained by third parties. The links to any such third party web sites are provided for your convenience and information only. The content in any linked web site is not under our control and if you decide to access any such web site, you do so entirely at your own risk. The fact that we provide a link to a third party web site does not mean that we endorse, authorize or sponsor any such site or that we are affiliated with such third party. Mention of non-Nortel products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Limitation of Liability. Under no circumstances shall Nortel be liable to any person for any direct, special, incidental, punitive, indirect or consequential damages, loss of profits or revenues or costs of replacement goods resulting from use of or reliance on the information presented in or through this Web Site, even if informed in advance of the possibility of such damages.

Changes. Information published on this Web Site, including the Terms of Use, is subject to change without notice, and any such changes shall be effective upon posting. Nortel may also make improvements and/or changes in the products and/or the programs described in this Web Site at any time without notice.

Privacy: The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Statement.

Unsolicited Information. Nortel does not want you to, and you should not, send any confidential information or proprietary information to Nortel via the Web Site. Any submission by you becomes the property of Nortel and you grant Nortel the authority and right to use that information subject to the Nortel Privacy Statement set forth below. By sending Nortel materials or information, you grant Nortel an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material or information and you further agree that Nortel is free to use any ideas, concepts, know-how or techniques that you provide for any purpose.

Applicable Law. Nortel makes no representation that the information contained in this Web Site or that access to this Web Site is appropriate or available for use throughout the world. You are responsible for compliance with all applicable local laws in the geography from which you access this Web Site, including but not limited to, all applicable export and import laws and regulations. Any claims relating to our Web Site shall be governed by the laws of the State of New York, USA, exclusive of its conflict of law provisions.

Software. Software may be made available for downloading from this Web Site. You agree that any software which you download is governed by the licensing terms accompanying the software or if no license terms accompany the software, the licensing terms contained in your agreement with Nortel authorizing you access to download such software or the license agreement which accompanied the original product licensed by you which you are updating. In the event none of the above is applicable, the terms and conditions of these Terms of Use apply. All Nortel software and software documentation available from this site is commercial computer software and commercial computer software documentation and, in the event software is downloaded for or on behalf of the United States Government, the respective rights to the software and software documentation are governed by Nortel standard commercial license in accordance with U.S. Federal Regulations at 48 C.F.R. Sections 12.212 (for non-DoD entities) and 48 C.F.R. 227.7202 (for DoD entities).

Indemnity. You agree to defend, indemnify and hold harmless Nortel, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your content and information used in connection with the Web Site, (iii) your use of materials or features available on the Web Site (except to the extent a claim is based upon infringement of a third party right by materials created by Nortel or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Trademarks. All product and brand names are trademarks or registered trademarks of their respective holders.

Digital Millennium Copyright Act ("DMCA") Notice. Materials may be made available via the Web Site by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Web Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party�s copyright to remain on the Web Site.
If you believe any materials on the Web Site infringe a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:
Nortel Networks
5945 Airport Road
Suite 360
Mississauga, Ontario
Canada L4V 1R9

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Severability. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information. Should you have any questions you may contact us at: nortelmediarelations@nortel.com

Nortel Privacy Statement

1. This Privacy Statement
Nortel Networks Limited, together with its parents, subsidiaries and affiliates ("Nortel") is committed to protecting personal information that you provide to us via our web site. Please read this Privacy Statement carefully as it explains what information Nortel collects about you and how we use your information, including setting out the circumstances where we could provide it to third parties. This Privacy Statement applies solely to the web site located at www.nortel.com, and no other web sites or services. You should also read the separate Terms of Use applicable to our web site.

2. What information do we collect and what do we do with it?
To assist us in delivering services to you we 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.

2.1 We will use the information which we collect to help us to improve the usefulness and effectiveness of our web site, and to personalize your experience on our web site, to help you log on in future and to continue to use our web site. By knowing your preferences we can deliver relevant information that meets your needs and ensure that your visit to our site is quick, easy and productive.

2.2 We may use your IP address to conduct analyses of user traffic, to help diagnose problems with our server, administer our web site, or to enable selected third parties to provide us with information on the companies visiting our site.

2.3 As Nortel is an international company having offices in North America, South America, Europe and the Pacific Rim, there may be occasions where information may be transferred from one country or continent to another. By using the Nortel web site and providing your personal information voluntarily to Nortel, you acknowledge that you are freely and specifically giving Nortel your consent for the exportation of your personal information to, and storage of such information in, the United States of America or any other country where Nortel conducts business.

2.4 If you are an existing customer we 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, at your request. Every email you receive from us will contain simple instructions for removing yourself from the list or changing your profile.

2.5 We may disclose your information in connection with a violation of our Terms of Use, if there is suspected fraudulent or illegal activity on the web site or to comply with a governmental or regulatory investigation.

2.6 If Nortel, or the division responsible for providing you with the applicable products or services, is sold, merged or consolidated (in whole or in part), then your information will be transferred to the acquirer or new entity.

3. Accessing your information
3.1 If you want to access or update any of your information held by Nortel, you can make certain changes on-line (by clicking on "Modify your Personal Profile" while you are logged in). Please contact us at http://www.nortel.com/cgi-bin/comments/comments.cgi if you need assistance in relation to your personal information, or if you are having problems modifying your profile.

4. Sharing of Information with Third Parties
4.1 We may need to pass your personal information to third parties who help us to maintain, administer or develop our web site and the products and services we offer and provide to you. If so, that information is only given to those third parties for that limited purpose.

4.2 From time to time, Nortel may pass your personal information to selected third parties who provide products and services available on our web site that might be of interest to you. Such third parties will not use your personal information for any other purpose. If you do not wish to permit such third party use, you should follow the procedure set out in this Privacy Statement to remove your personal information from our records.

4.3 If we do disclose personal information to third parties, we will only do so to third parties whom we are reasonably satisfied have measures to protect your personal information in a manner consistent with all applicable laws. However, we are not responsible for such third parties.

5. Your Consent
5.1 By using our web site, you expressly agree to the collection and use of your personal information as set out above for the purposes set out in this Privacy Statement.

5.2 You should be aware that personal information which you voluntarily include and transmit online in a posting (such as a blog or chat forum) may be viewed and used by others. We are unable to control such uses of your personally identifiable information, and by using such services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties.

6. Our Responsibilities - How does Nortel protect user information?
6.1 Nortel respects the privacy of its customers and business partners and is committed to complying with all laws relating to the protection of personal data. Nortel has adopted principles of privacy and data protection that apply to all our global operations and protect the rights of customers in compliance with all laws relating to the protection of personal information.

6.2 To prevent unauthorized access, we follow reasonable security procedures in the storage and disclosure of personal information which you have given to us. However, no system can completely prevent unauthorized access, and by using the web site you assume the risk that, despite Nortel�s reasonable efforts, unauthorized access to your information is a possibility.

6.3 Certain areas of our web site are password protected. You can help to preserve your privacy by never sharing your password with anyone else.

7. What are 'Cookies' and how do we use them?
7.1 We may conduct analyses of user traffic. These analyses will be performed through the use of IP addresses and cookies. We also use cookies when you request personalized information, so that we can provide you with more tailored information when you return to our web site. We do not use cookies to store any personal information for any promotional or marketing purposes.

7.2 A cookie is a piece of information that is stored on your computer's hard drive by your web browser. The information stored will make your usage of our web site easier and faster because it allows you to use our web site without having to re-enter information on each visit. Cookies also maintain the visitor's identity while at our web site so you need only log in once. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance.

8. Changes to Privacy Statement
We reserve the right to add to or change the terms of this Privacy Statement at our sole discretion, without prior notice to you. If we change this Privacy Statement, we will post the new Privacy Statement on our web site, and it will become effective from the time of posting to our web site. Please visit this Privacy Statement on a regular basis to make sure you have read the latest version and you understand what we do with your personal information. Whenever possible, we will give you notice of any changes prior to their implementation. Your continued use of our web site following the posting of changes to these terms means that you consent to those changes.

9. Opt-Out
You may opt-out of receiving further information from Nortel by sending us an e-mail at: nortelmediarelations@nortel.com. In your e-mail, please give us your full name, mailing address and indication that you do not wish to receive further information from Nortel. However, we are not able to remove your information from the lists of third parties with whom such information has already been shared as permitted by this Privacy Statement.

10. Contact
If you have any questions about this Privacy Statement or our privacy practices, you may contact us at: nortelmediarelations@nortel.com

This version of the Privacy Statement is effective as of November 1, 2008.