Allied Telesis, Inc :: Net.Cover Registration

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Net.Cover Registration

At Allied Telesis we realise many of our customers want to take additional precautions to safeguard the integrity of networked data, ensure network up time, maximise end-user productivity while protecting their original investment well into the future. Net.Cover is a flexible set of services and support programs that can be tailored to meet the needs of a wide range of customers. These Service Programs provide comprehensive coverage for your purchase, including advanced hardware replacement and access to free telephone support.

Remember, you must register to begin receiving the many benefits of Net.Cover.

Follow the steps below to register your product(s) for Net.Cover support. After you complete and submit the form, you will receive an email with confirmation of your contract details and information on how to access your Net.Cover services, including free telephone support. If you have questions or require further information about the Net.Cover registration process, please contact our

Net.Cover Registration

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If your product(s) will not be installed at the address above, please check this box. Then, enter the installation address below. This information must be given to ensure your product(s) is/are covered.

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Net.Cover® Support Services Terms and Conditions
	
	ALLIED TELESIS INTERNATIONAL S.A. ("ATI") IS WILLING TO PROVIDE ATI SUPPORT SERVICES TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THESE TERMS AND CONDITIONS (THIS "AGREEMENT").  THIS AGREEMENT REPRESENTS AN OFFER FROM ATI THAT YOU WILL ACCEPT BY TAKING ANY OF THE ACTIONS DESCRIBED NEXT.  PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING OR PAYING FOR YOUR ATI SUPPORT SERVICES OR BY CLICKING THE "I ACCEPT" BUTTON ON ATI’S WEB SITE.  BY TAKING ANY OF THESE ACTIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, ATI WILL NOT PROVIDE ATI SUPPORT SERVICES TO YOU.

ATI’s Products are intended for use for professional, commercial or other business purposes only and not for personal use by consumers, and ATI is offering the ATI Support Services only to business users of the Products.  By registering or paying for the ATI Support Services, you represent and warrant that for purposes of this Agreement you are not deemed a consumer under any consumer protections laws, and that you will use the Products and the ATI Support Services for professional, commercial or other business purposes only.

1. Definitions
Capitalized terms in this Agreement shall have the meanings set forth below or as defined elsewhere in this Agreement. References to Sections refer to Sections of this Agreement.

(a)	"ATI Support Services" is defined in Section 3 of this Agreement.
(b)	"Documentation" means, with respect to each Product, the end-user materials and documenta-tion published by ATI or its supplier that relates to the functional capabilities, installation and proper use of the Product.
(c)	"Emergency" means a Failure that renders a Product inoperative.
(d)	"Failure" means a documented and reproducible failure of a Product, other than Software, to perform in substantial conformity with its then current Documentation.
(e)	"License Agreement" means the agreement, if any, under which you licensed Software or pur-chased one or more Products from ATI.
(f)	"Product" means any hardware, device or component that you purchase from ATI, as well as any Software incorporated therein, for which you submit a Net.Cover® registration form and for which ATI will provide the ATI Support Services.
(g)	"Software" means the operating system, application or utility software that is a part of or incorporated into a Product that you purchased from ATI. Software only includes the current and immediately previous versions of the Software, as provided to you by ATI.
(h)	"Update" means any new, enhanced, updated or modified version of the Software, including any release that corrects Failures or provides minor improvements, and any associated new, enhanced, updated or modified Documentation, if any, that are provided to you by ATI, at ATI’s discretion and without additional charge, and are designated as Updates by ATI.
(i)	"Advance Replacement Services" means in the event that any Product, excluding any Software component thereof, requires repair or replacement due to a Failure, ATI will use commercially reasonable efforts to provide you with advance replacement of such Product, with delivery according to the level of support set forth in the Support Service Plan that you have selected. ATI reserves the right to ship a functionally equivalent unit to the customer, where an identical unit is not available.

2. General. 
ATI OFFERS SEVERAL LEVELS OF ATI SUPPORT SERVICES FOR YOUR PRODUCT(S).  PLEASE MAKE SURE THE SERVICE LEVEL IDENTIFIED ON YOUR REGISTRATION FORM IS THE SERVICE LEVEL YOU HAVE PURCHASED ("SUPPORT SERVICE PLAN"). TO BEGIN RECEIVING SUCH SUPPORT, YOU MUST ACTIVATE YOUR SUPPORT SERVICE PLAN BY FOLLOWING THE INSTRUCTIONS ON THE REGISTRATION MATERIALS PROVIDED BY ATI. To be eligible for any ATI Support Services, you must submit payment no later than sixty (60) days after the date you purchase each applicable Product.  If you have any questions, please contact ATI at your local ATI office.   
DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF ATI, SUCH AS GEOGRAPHICAL LOCATION AND CUSTOMS PROCEDURES, SOME SERVICES SUCH AS ADVANCE REPLACEMENT SERVICES, NEXT BUSINESS DAY RESPONSE OR RESPONSE TIME WITHIN 4 HOURS, MAY NOT BE AVAILABLE. IN SUCH CASES ATI WILL ENDEAVOR TO OFFER AN ALTERNATIVE SERVICE WHEN YOUR CONTRACT IS REGISTERED.  ATI MAY AMEND OR MODIFY THE SERVICES OFFERED UNDER ANY SUPPORT SERVICE PLAN FROM TIME TO TIME.  ATI MAY NOTIFY YOU OF MATERIAL CHANGES TO ANY SUPPORT SERVICE PLAN, BUT YOU ARE STILL RESPONSIBLE FOR REGULARLY REVIEWING ATI’S WEB SITE TO OBTAIN TIMELY NOTICE OF ANY CHANGES TO ANY SUPPORT SERVICE PLAN.

3. ATI Support Services.
3.1 Services.
Subject to the terms and conditions of this Agreement, including the payment of all required fees,  ATI will use commercially reasonable efforts to provide you with the level of support set forth in the Support Service Plan that you have selected and are authorized to receive in accordance with this Agreement (the "ATI Support Services").
	
3.2 Protection of Password. 
You will be solely responsible for ensuring the security and confidentiality of all passwords provided to you by ATI as part of the ATI Support Services, and you acknowledge that you will be fully responsible for all liabilities incurred through the use of any password (whether lawful or unlawful) and that any transactions completed under your password, will be deemed to have been lawfully completed by you. You agree to defend, indemnify and hold ATI harmless from any and all losses, costs, damages, liabilities or expenses (including, without limitation, reasonable attorneys’ fees) incurred or arising from any claim arising out of the use of a password provided to you under this Agreement.

3.3 Services Not Covered. 
ATI Support Services will not include:
(a)	support for problems or Failures in or arising out of any equipment, software, modifica-tion, improvement or service provided by anyone other than ATI or an ATI Third Party Service Firm without ATI’s prior written consent;
(b)	support for custom improvements, engineering changes, or enhancements to any of the Products made by or for you at your request (whether or not made by ATI) unless ATI has explicitly agreed in writing to provide that support;
(c)	support for problems or Failures caused by improper installation of a Product; failure to use the Product in accordance with the applicable specifications and Documentation; failure to use the Product within the authorized operating environment; or any other improper use of the Product;
(d)	consulting services specific to the design or implementation of any of your programs, products or services;
(e)	support outside of the term of this Agreement; or
(f)	retrieval or recovery of any data or information that may have been corrupted or lost in connection with any problem or Failure.

3.4 Additional Support Services. 
Upon your written request, ATI, in its sole discretion, may provide you with support services that are beyond the scope of the ATI Support Services on a time-and-materials basis, at ATI’s then-current rates for labor, travel and materials. ATI also will charge you for any support services (and any expenses related thereto) that are outside the scope of the ATI Support Services and performed in connection with your request for ATI Support Services on a time-and-materials basis, at ATI’s then-current rates for labor, travel and materials.

4. Proprietary Rights. 
ATI considers the Software, any Updates, and any tangible work product created during or as a result of the ATI Support Services, to be proprietary information and a trade secret of ATI, and ATI retains all right, title and interest in and to such information and work product. You agree to treat any proprietary information of ATI that you receive under this Agreement in accord with the terms for handling Confidential Information set forth in the License Agreement. If there is no License Agreement, you agree to keep all such information in strictest confidence and not to share all or any part of such information with any third parties, other than your employees who have a need to know and are under written confidentiality obligations no less strict than those of this Section 4. You further agree not to remove, alter, obscure or destroy any proprietary notices (including copyright notices) of ATI on any of the Products. You acknowledge that "Net.Cover®" and "Allied Telesyn" are trademarks of ATI.

5. Fees and Payment.
5.1 Your purchase of the ATI Support Services or extensions to any then-expiring term of this Agreement will be charged at ATI’s then-current published prices, in accordance with Section 10.
	
5.2 If you use the Advance Replacement Services, ATI will invoice you the market value of the replacement Products and, upon ATI receiving the Products returned by you in accordance with Section 7, ATI will issue you a credit for the same amount; provided that the replacement was due to a Failure.  IF THE RETURNED PRODUCT IS NOT RETURNED TO ATI IN ACCORDANCE WITH SECTION 7, YOU WILL BE DEEMED TO HAVE PURCHASED THE REPLACEMENT PRODUCTS, AND YOU AGREE TO PAY THE INVOICE FOR SUCH PRODUCTS WITHIN THIRTY (30) DAYS OF RECEIPT.  ATI will only provide ATI Support Services for the replacement Products if the Support Service Plan is duly activated in accordance with Section 2.  If the Product that you return for Advance Replacement Services is found to have no Failure, then ATI may also invoice you a charge of $100 to cover shipping and administration costs.

5.3 All payments of fees under this Agreement shall be made in U.S. Dollars (unless another currency is specified by ATI in the applicable registration materials), not less than thirty (30) days in advance of the first day of each annual renewal period; provided, however, that any amounts payable for support services performed under Section 3.4 will be paid within thirty (30) days after your receipt of an invoice from ATI.  Overdue amounts are subject to the lesser of zero point sixty-seven percent (0.67 %) per month interest charge or the maximum amount permitted by law.  All fees under this Agreement are exclusive of all governmental levies and taxes including, without limitation, sales, use and value-added taxes, customs duties, import fees, or similar taxes or charges associated with this Agreement.  You shall be responsible for the payment of all levies and taxes associated with this Agreement, other than taxes based on ATI’s net income.

5.4 You acknowledge and agree that some or all of the ATI Support Services may be provided by authorized ATI dealers or other designees or agents of ATI ("Third Party Service Firms"). In such case, you will be informed promptly of the identity, location and any other necessary information regarding any such Third Party Service Firm and you will obtain all applicable ATI Support Services directly from such firm.

6. Assistance. 
You agree to provide reasonable assistance as requested by ATI for the performance of the ATI Support Services. Such assistance shall include, without limitation, providing ATI with:

(i)	a detailed description of each reported problem or Failure;
(ii)	reasonable access to all necessary personnel to answer questions regarding reported problems or Failures and your use of the applicable Product; 
(iii)	any applicable configurations required for ATI to perform any ATI Support Services; 
(iv)	such access, including remote access, to your facilities and equipment as is reasonably necessary for ATI to provide the ATI

7. Returns. 
All returns of Products to ATI under this Agreement must be made under a Return Material Authorization ("RMA") number. ATI will issue an RMA number for return of the Product upon your request, and will authorize shipment of the replacement Product, as appropriate. You have thirty (30) days after issuance of the RMA number to return the Product to the authorized return address provided by ATI; if you do not do so, then you will be deemed to have purchased the replacement Product in accordance with Section 5.2. Where ATI provides a replacement Product as part of the ATI Support Services, ATI will bear the costs of delivering the replacement Product to you. Where ATI offers you Advance Replacement Services, you may use ATI’s chosen courier, at ATI’s expense, in accordance with the instructions provided to you by ATI at the time the RMA is issued. You agree to pay for all other costs of returning Products, as well as any other packaging, shipping and insurance costs incurred by ATI, for which payment is not provided by ATI under this Section 7.

8. Warranty and Disclaimer.
ATI warrants that any replacement parts used in the performance of ATI Support Services for you shall be free from defects in material and workmanship for a period of ninety (90) days after the date of delivery to you (or, if installed by ATI, from the date of such installation). ATI will, at its option and as its sole obligation and your sole and exclusive remedy under this Section 8, repair or replace any part or Product that contains a defect or Failure at no charge. Any replacement parts of Products shall be new or refurbished.

ATI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE AND NONINFRINGEMENT, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROVISION OF PRODUCTS OR SERVICES HEREUNDER

In addition,  ATI will have no obligation with respect to replacement parts or Products, which have been modified or altered without ATI’s prior written approval.

9. Limitation of Liability. 
EXCEPT FOR CLAIMS BASED UPON GROSS NEGLIGENCE OR UNLAWFUL INTENT, ATI’S LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT FROM ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, WITHOUT LIMITATION, TORT, BREACH OF CONTRACT, AND NEGLIGENCE, WILL BE LIMITED TO THE APPLICABLE ANNUAL SUPPORT FEE PAID BY YOU FOR THE ATI SUPPORT SERVICES DURING THE YEAR IN WHICH THE EVENT GIVING RISE TO THE CAUSE OF ACTION OCCURRED, OR ONE THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER. IN NO EVENT SHALL ATI BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.

This limitation is in addition to, and not in lieu of, the other limitations in this Agreement. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential, special or incidental damages, the above limitation may not apply to you. This Agreement does not exclude, restrict or modify any liability imposed under the law that cannot, by such law, be excluded, restricted or modified.

10. Term and Termination.
10.1 Term. 
This Agreement shall become effective as to each applicable Product on the date that ATI accepts your payment for ATI Support Services for that Product, in any event not before thirty (30) days from the filing with ATI of the Product Registration Form for that Product (the "Effective Date"), and shall have an initial term equal to the Agreement Term indicated on the front side of this Product Registration Form. This Agreement shall renew, as to that Product, for successive one-year terms, which shall begin and end on the anniversary of the Effective Date, for as long as you continue to pay the then-applicable fee for such services not less than thirty (30) days before the end of each one-year term.

10.2 Termination. 
This Agreement may be terminated:
(a)	by you, upon written notice to ATI of a material default of this Agreement, if the default is not cured within a period of thirty (30) days following your receipt of such notice. If termination is effective prior to six (6) months from the Effective Date or any renewal date, you will be entitled to a pro-rated refund of any amounts that you have paid for the ATI Support Services during the then-current one-year term, less the fair market value of the ATI Support Services provided by ATI prior to termination, based upon ATI’s then current rates for labor, travel and materials. If such fair market value exceeds the Support Fees, you agree that no refund will be paid by ATI; or
(b)	at any time by ATI on thirty (30) days’ written notice to you; provided, that upon your request, ATI will provide you a pro-rated refund of any amounts that you have paid for the terminated ATI Support Services during the then-current one-year term. You agree that if this Agreement is terminated as a result of a material default of this Agreement, you will not be entitled to any refund; or
(c)	automatically in the event of any termination of a License Agreement governing any Software that is a subject of this Agreement, but only as to such Software and any Products containing such Software; and
(d)	automatically upon your failure to renew this Agreement in accordance with Section 10.1

10.3 Effect of Termination. 
Upon termination of this Agreement,ATI will stop rendering ATI Support Services immediately. Any further support services shall be provided by ATI, in its sole discretion, as set forth in Section 3.4. Sections 1, 3.4, 4, 5.2, 5.3, 8, 9, 10.3, 11.3 and 12 will survive termination of this Agreement for any reason.

11. Privacy Statement
11.1  You acknowledge and agree that some or all of the ATI Support Services may be provided by authorized ATI dealers or other designees or agents of ATI ("Third Party Service Firms"). 
 
11.2  ATI and its subsidiaries will process contact information relating to your employees and pass such information to Third Party Service Firms in order to perform the ATI Support Services and for management and statistical purposes.  Where you provide employee details to us, you agree to advise the employee that you have done this and forward the employee a copy of this privacy statement in this Section 11. 
 
11.3  You agree that we may advise you about new products or services from time to time by mail, phone, email and fax and that we may pass on your details to third parties who have products/services which we believe to be of interest to you.  If you prefer not to receive such information at any time, please write to the address for questions below.

12. General Provisions.  ATI shall not be liable for any loss, damage or penalty to you resulting from acts of God or other causes beyond ATI’s control.  THIS AGREEMENT SHALL BE INTERPRETED IN ITS NATIVE LANGUAGE AND GOVERNED BY THE LAWS OF SWITZERLAND, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES. THE COURTS LOCATED IN LUGANO, SWITZERLAND SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTES ARISING UNDER THIS AGREEMENT, AND YOU CONSENT TO PROPER JURISDICTION OF AND VENUE IN SUCH COURTS. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.  If any provision of this Agreement is held to be unenforceable, the remaining provisions will continue in full force and effect.  The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term.  You may not transfer or assign this Agreement or the ATI Support Services in whole or in part without ATI’s prior written approval.  ATI may transfer or assign this Agreement at any time.  Any purported assignment other than as provided above shall be void and of no effect.  This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.  This Agreement supersedes and cancels all prior or contemporaneous agreements, understandings and communications, whether written or oral, other than the License Agreement and any other written license agreements for the Software that are executed by you and ATI in writing.  In the event of a conflict between this Agreement and the License Agreement, this Agreement shall control as to the provision of ATI Support Services; in all other respects, the License Agreement shall control.

Should you have any questions concerning this Agreement, please write: Allied Telesis International Services Ltd., Unit 24, Westmead Industrial Estate, Swindon, Wiltshire SN5 7YT England.

I agree to the Net.Cover® Terms and Conditions