Ciena Learning Terms and Conditions

Ordering and Payment Options for Ciena Learning


Ordering of Ciena Learning

Unless otherwise specified by Ciena, i) upon becoming an authorized user (“You”), pursuant to the On-Demand Collection Terms of Use Agreement or other written agreement with Ciena, can select one or more of the subscription options or courses offered by Ciena Learning (individually or collectively, “Service”) and ii) the selected Service will be available to You for a term of one year. Upon completion of order processing and payment, You will receive access i) to the suite of courses included within Your selected subscription option(s) or Your selected individual course(s) during the annual subscription term or ii) to the designated instructor-led course(s) on the scheduled delivery date, as applicable. Upon expiration of an annual subscription term, the Service may be subject to renewal at Ciena’s then current pricing, terms and conditions.  

All prices are in, and payment shall be in, US dollars regardless of where the Service is provided, unless otherwise specified in an applicable written agreement between Ciena and You or the company for which You work (“Company”) (collectively, herein “You” or “Your). Payment is required upon registration via one of the payment options specified below. You are obligated to pay any taxes, charges and VAT, if any, in accordance with applicable law. If You believe that You may be entitled to a Company discount through Your employer, please contact support@cienalearning.freshdesk.comDiscounts are not available or applied through the standard ordering process.

 

Payment Options for Ciena Learning

Purchase Orders

Your Company may choose to purchase Ciena Technology Certification and web-based product training by submitting purchase orders to PODISTRIBUTION@CIENA.COM at the quoted price provided to You by Your Ciena representative. Such purchase orders will be governed by the terms and conditions of Your applicable purchase agreement with Ciena.

Training Credits

Your Company may redeem any eligible Company training credits and apply them, as mutually agreed by Ciena and Company in the applicable purchase agreement, towards the purchase of Your training listed in Ciena’s then current training portfolio.

Credit Cards

Ciena accepts major credit cards, i.e., Visa, MasterCard, and American Express, for purchase of the Ciena’s Technology Certification Program or Ciena web-based product training courses at the posted price. For credit card users, charges will be in US currency regardless of where the class takes place. Your credit card company may convert to local currency. Ciena uses a third-party payment processor (the “Payment Processor”) to bill users paying for the Service via credit card. The processing of payments shall be subject to the terms, conditions and privacy policies of the Payment Processor in addition to the terms and conditions of this Agreement. Ciena is not responsible for error or delays by the Payment Processor. By making a purchase through the Payment Processor, You agree to pay Ciena all charges at the prices stated for the applicable Service through use of Your chosen valid payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. Τhe terms of Your payment will depend on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen Payment Method. The Payment Processor may collect Your credit card information as well as other personal information to process the payment and such payment will be subject to the Payment Processor’s terms of use and privacy policy.

PayPal

You also use PayPal for the purchase of the Ciena’s Technology Certification Program or Ciena web-based product training courses at the posted price.

Cancellation Policy

Cancellation Policy for Instructor-led and Virtual Instructor-led Training

  • Cancellations must be received in writing (email accepted) at least 10 business days prior to the course start date to avoid a penalty for costs incurred by Ciena
  • Cancellation of a course received within 6 to 9 business days prior to the course start date are subject to a cancellation fee equal to 50% of the price of the relevant course
  • Cancellation of a course received within 5 business days prior to the Course start date are subject to a cancellation fee equal to 100% of the price of the relevant training course
  • "No-shows" will be charged 100% of the paid per-seat price for any person not attending
  • Substitutions are permitted up to the start of the course if the purchase order is re-applied to the new student
  • Ciena reserves the right to reschedule courses with fewer than 6 students enrolled by the published registration deadline

Cancellation Policy for Web-based Training

  • Registrations are not subject to cancellation.


Ciena On-Demand Collection Terms of Use Agreement   

PLEASE READ THE CIENA ON-DEMAND COLLECTION TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. PRESSING “I AGREE” CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. BY PRESSING “I AGREE” YOU ARE ACTING ON BEHALF OF YOURSELF AND THE COMPANY YOU WORK FOR AND ARE BINDING YOURSELF AND THE COMPANY YOU WORK FOR (COLLECTIVELY, “YOU” OR “YOUR” TO THIS AGREEMENT WITH CIENA COMMUNICATIONS INC. (OR, OTHER APPLICABLE CIENA CORPORATION AFFILIATE) (“CIENA”), AND TO THE CIENA PRIVACY POLICY FOUND AT http://www.ciena.com/about/company/corporate-responsibility/privacy-policy/?navi=footer, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE. IF YOU DO NOT ACCEPT ALL OR ANY PART OF THIS AGREEMENT, DO NOT PRESS “I AGREE” OR OTHERWISE ACCESS CIENA’S ON-DEMAND COLLECTION SITE. YOU ACKNOWLEDGE THAT CIENA MAY TERMINATE YOUR ACCESS TO THE ON-DEMAND COLLECTION AT ANY TIME IN ITS SOLE DISCRETION, SUBJECT TO ANY ADDITIONAL OR DIFFERENT TERMS CIENA HAS AGREED IN WRITING ARE APPLICABLE TO ANY PAID SERVICE, AND /OR IN THE EVENT OF VIOLATION OF THE TERMS OF THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO AGREE TO AND ABIDE BY THIS AGREEMENT AND, IF YOU ARE ACCESSING THE SERVICE AND SITE AS PART OF YOUR EMPLOYMENT, AUTHORITY TO BIND THE COMPANY YOU WORK FOR TO THIS AGREEMENT.   

CIENA MAY CHANGE OR SUPPLEMENT THE TERMS OF THIS AGREEMENT FROM TIME TO TIME AT ITS SOLE DISCRETION AS PROVIDED BELOW.


Background and Description of Service

Ciena’s On-Demand Collection site (the “Site”) is a web site developed by Ciena to help customers and partners expand their knowledge of Ciena’s technologies and solutions.


The Discover Series set of learning helps customers and partners become familiar with Ciena’s products and solutions. The “starter pack” of digital content includes courses covering technology and product overviews and sales and marketing expertise. There is no fee to access the Discover series.

The Develop Series is a paid subscription service that provides on-demand learning to help customers and partners increase knowledge and build expertise on Ciena’s products and solutions. The collection of digital content includes more in-depth web-based courses, videos and resources to promote the development of new skill sets and enable cross training for more experienced or advanced levels. It is delivered in a single annual subscription that is activated from the date Develop Series content is granted to you or you receive a self-registration email.

The Achieve Series is a paid subscription services that provides access to all the on-demand learning provided by the Develop series, as well as access to scheduled, public virtual lab sessions hosted by a Ciena instructor. It is delivered in a single annual subscription that is activated from the date Achieve Series content is granted to you or you receive a self-registration email.

The Discover, Develop and Achieve series are referred to herein individually and collectively as “Service". Ciena may make updates, enhancements, restrictions, or changes to the Service, or remove existing content and/or add new content in its discretion at any time and without notice.

You will have unlimited access to Your purchased on-demand content for 12 consecutive months (excluding instructor-led content). 



1. Eligibility

You acknowledge that You have access to the site in your capacity as a Ciena customer, authorized partner, Ciena customer sponsored vendor, or as an employee or authorized representative of the company your work for. The Site and the Service are not available to minors under the age of 18 or to any users suspended or removed from the system by Ciena for any reason. You represent and warrant that (a) all registration information You submit is truthful and accurate; (b) You have the right, authority and capacity to agree to and abide by this Agreement and authority to bind the company you work for; (c) You are 18 years of age or older; d) You have not previously been suspended or removed from the Service; and (e) Your use of the Service does not and will not violate any applicable law or regulation. Your profile may be deleted and Your access to the Service may be terminated without warning if Ciena suspects that You are underage.



2. Rules and Regulations

This Agreement sets forth the legally binding terms for the Site and the Service. This Agreement covers all of Your visits to the Site and any use of the Service. If You stop visiting the Site or stop using the Service, this Agreement remains in effect. The terms contained in this Agreement form part of Ciena’s policies for access to and use of the Service.

a. Amendments/Other Terms. Ciena may change or supplement the terms of this Agreement from time to time at its sole discretion. Ciena will exercise commercially reasonable efforts to provide notice of any material changes to the Agreement. Within three (3) business days of posting changes to the Agreement, they will be binding. If You do not agree with the changes, You should discontinue using the Site or any Service. If You continue using the Site or Service after the expiration of such three-business-day period, You will be deemed to have accepted the changes to the terms of this Agreement. You are expected to check this page each time You access this Site so You are aware of any changes. In order to participate in certain Service or access other features of the Service, You may be required to agree to additional terms and conditions and/or to pay the required fee. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. In the event of any conflict between such additional terms and this Agreement, the additional terms control.

b. Member Account and Security. If any portion of the Site requires You to open an account, You agree that the information You include in Your user profile will be accurate and not misleading. You are solely responsible for maintaining the confidentiality of Your account, registration and password information, and for all uses of this information, whether or not authorized by You. You agree not to use the account, username, or password of another user at any time or to disclose Your password to any third party. Ciena will not be liable for any harm caused by, or related to, the theft or misappropriation of Your user name or password, disclosure of Your user name or password, or Your authorization of anyone else to use Your user name or password. You agree to notify Ciena immediately of any unauthorized use of Your account or of any breach in security. Ciena has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of this Agreement.

c. Term of Use /Costs and Fees. Site registration is presently at no charge to authorized users. Access to the Discover Series, as identified by Ciena, is presently at no charge to You. Unless otherwise specified, i) You can purchase one or more of the subscription options or individual courses offered in the Service and ii) the selected Service will be available to You for a term of one year, except for instructor-led courses, which will be available upon the scheduled delivery date. You acknowledge and agree that access to the Develop Series and/or Achieve Series, as identified by Ciena, is subject to invoice and payment of the required fee, and is available by following the process for purchase and payment as directed by Ciena on the Site or as mutually agreed in writing. Upon expiration of the purchased annual subscription period, access to the purchased Service content will terminate and may be subject to renewal at Ciena’s then current pricing, terms and conditions. You will still be able to access the Discover Series. You may terminate Your license for the purchased Service at any time; however, no refund will be provided  

d. Laws and Reporting. You may not use the Site or Service in any manner inconsistent with applicable law or for any illegal purpose, including but not limited to conspiring to violate laws or regulations. Recognizing the global nature of the Internet, You also agree to comply with applicable local rules or codes of conduct (including codes imposed by Your employer) regarding online behavior and acceptable content. Additionally, You are responsible for compliance with local laws and agree to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. Ciena reserves the right to investigate and take appropriate action against anyone who, in Ciena's sole discretion, is suspected of violating this provision, including without limitation, reporting You to law enforcement authorities. Use of the Site or Service is void where prohibited.

e. Use of Service; Prohibited Content and Conduct. You may use the Site only for lawful purposes and in accordance with the Agreement. You agree not to use the Site:

    In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

    For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

    To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

    To impersonate or attempt to impersonate Ciena, a Ciena employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

    To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Ciena or users of the Site or expose them to liability.

Additionally, You agree not to:

    Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

    Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

    Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Ciena’s prior written consent.

    Use any device, software or routine that interferes with the proper working of the Site or otherwise attempt to interfere with the proper working of the Site.

    Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

    Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.


Other users may violate one or more of the above prohibitions, but Ciena assumes no responsibility or liability. Under no circumstances will Ciena be liable in any way for user conduct, data or other content on the Site or transmitted via the Service or any loss or damage of any kind incurred as a result of the use of, access or denial of access to any data or content. If You become aware of misuse of the Site or Service by any person, please contact the site administrator at  support@cienalearning.freshdesk.com. Ciena may investigate complaints and violations that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing content or terminating accounts and/or profiles. However, because situations and interpretations vary, we also reserve the right not to take any action. If at any time You are not happy with the Site or the Service, user conduct or any material on the Site, Your sole remedy is to cease using the Site or the Service.


f. License Grant. In exchange for Your payment of all applicable fees and compliance with all of the terms and conditions of this Agreement, Ciena hereby grants to You a nonassignable, nontransferable, nonsublicensable and nonexclusive license to access and use the Service for the Courses selected and paid for by You. Further, in exchange for Your agreement to and compliance with the terms and conditions herein, Ciena grants to You a nonassignable, nontransferable, nonsublicensable and nonexclusive right to use the Course Materials as provided herein.

g. Authorized Users. Upon becoming an authorized user, You will be allowed to create a profile with a unique password for use in accessing the Service. You acknowledge and agree that the profile information and password are confidential and that You may not provide the profile information or password to any other individual or entity.

Third parties may not access the Service under a remote computing services, timesharing, facilities management, outsourcing, or other such third-party access arrangements, even if contracts authorizing such use or access for other licensed products are in effect between You and Ciena. You may not distribute the Service to any third party in modified or unmodified form.

The Service may only be accessed via the Ciena website and You may not save and reuse or otherwise access the e-Learning or Video Library offline without executing a separate agreement with Ciena. You may print screen pages for Your individual use. You may not duplicate or reproduce the printed screens or distribute the printed screens to any other individual or entity.

You may download one copy of the Course Materials; however, use of the Course Materials is restricted to only one individual authorized user for such individual's personal use. Any other uses of the Course Materials will require explicit permission from Ciena. Course Materials may not be distributed to any other individual including at Your employing Company, if applicable, or provided to a third party in either modified or unmodified form. You may not use the Course Materials to teach or create Your, and including Your Company’s, if applicable, own training, regardless of whether such training is for internal or external use.

Without limitation, You are prohibited from:

  • transferring any right, title or interest in the license to the Service;
  • copying, extracting, summarizing, distributing or teaching the Course Materials;
  • using the Service to make any reports or data compilations to be sold, loaned or distributed to a third party;
  • distributing the Service to any third party in modified or unmodified form;
  • using the Service for the benefit of a third party in exchange for compensation; or
  • allowing any party other than You, the individual authorized use, to use or otherwise access the Service.

You agree to secure and protect the Service in a manner consistent with the maintenance of Ciena’s rights therein.

h. Course Materials. Certain Ciena courses, available through the Service, may include a complimentary electronic copy of documents (“Course Materials”) such as reference guides, course books, and job aides. You may download only one (1) copy of the Course Materials. You may not print the Course Materials or distribute any of them to a third party, in modified or unmodified form.

i. Intellectual Property Rights / Confidential Information. Ownership of the Service and Course Materials, including any intellectual property embodied therein, remains with Ciena or its licensor(s) at all times. You agree to abide by United States and international copyright laws and treaties, and all other applicable laws and regulations including, but not limited to, export control laws and regulations. Ciena reserves the right to update and revise the Service and Course Materials at any time in its sole discretion.

You acknowledge that the Service and Course Materials embody confidential information of Ciena. You agree that You will not reverse-engineer any Service or component thereof, or remove, overprint or deface any notice of copyright, trademark, logo, legend or other notice of ownership from any originals or copies of confidential information You obtain from Ciena.

j. Technical Support. During the term of the license granted hereby, Ciena will use reasonable efforts, or in writing directed to http://learningsupport.ciena.com/support/tickets/new, to help You solve specific problems using the Service. It may not be possible for Ciena to solve all problems or correct all errors encountered by You.

k. Export Restrictions. United States of America export laws and regulations apply to the Service and any underlying information or technology ("Controlled Material"). In addition to the prohibitions set forth elsewhere in this Agreement, You may not access, download or otherwise export, re-export, import or distribute the Controlled Material except in full compliance with all laws and regulations of the United States of America and any other applicable laws and regulations. By accepting this Agreement, You agree to the foregoing and represent and warrant that (1) You are not a party to whom the United States of America prohibits access to the Controlled Material and (2) You are not located in, under control of, or a national or resident of any country to which export of the Controlled Material is restricted by the laws of the United States of America or other applicable laws and regulations, and (3) You will not share the Controlled Material with a party identified in this paragraph.


Privacy, Confidentiality and Collection of Personal Information

Use of the Site or Service is also governed by Ciena’s privacy policy which is incorporated into this Agreement by this reference. You consent to all actions we take with respect to your information consistent with our Privacy Policy http://www.ciena.com/about/company/corporate-responsibility/privacy-policy/?navi=footer. Additionally, You understand and agree that Ciena may contact You via e-mail or other contact information provided in Your registration, with information related to Your use of the Site or Service. You also agree to have Your name, profile name or other identifying information listed in the header of certain communications You initiate through the Service.


Publicity

You may not use the Site or the Service to advertise, promote, endorse or market, directly or indirectly, any products, services, solutions or other technologies without Ciena’s prior written consent.


Ownership/Licenses

Ciena does not claim any ownership rights in any text, files, images, photos, video, sounds, works of authorship or other materials that users upload to the Site or transmit via the Service ("User Content"). However, by uploading User Content to the Site, transmitting User Content using the Service or otherwise providing User Content to Ciena, You grant to Ciena a world-wide, royalty-free, sub-licensable (so Ciena affiliates, contractors or vendors can deliver the Service) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the User Content in the course of offering the Site and/or the Service. Ciena will treat any User Content as non- confidential and public. Please do not submit confidential or private information. You also agree that any other user of this Site may access, view, store or reproduce Your User Content for such user's personal use or otherwise in connection with use of the Site and/or Service.

The Agreement permits you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

Modify copies of any materials from this site.

Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Ciena. Any use of the Site not expressly permitted by this Agreement is a breach of the Agreement and may violate copyright, trademark and other laws.


Links from the Website

If the Site contains links to other sites and resources provided by Ciena these links are provided for Your convenience only. If You decide to access any of the websites linked to this Site, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites. Ciena may disable any links at any time without notice in its discretion.


Feedback

Ciena is not actively seeking Feedback on the Site. However, by submitting ideas, suggestions, documents, and/or proposals ("Feedback") to Ciena, You acknowledge and agree that: i) Your Feedback does not contain confidential or proprietary information; ii) Ciena is under no obligation of confidentiality, express or implied, with respect to the Feedback; iii) Ciena shall be entitled to use or disclose such Feedback for any purpose, in any way, in any media, worldwide; iv) Ciena may already be developing something similar to the Feedback; v) Your Feedback becomes the property of Ciena without any obligation to You; and vi) You are not entitled to any compensation for such Feedback.


Termination

Ciena, in its sole discretion, may immediately suspend Your access to the Site and /or terminate this Agreement and Your access to the Site if You violate or otherwise fail to comply with the terms and conditions of this Agreement. In addition, Ciena may temporarily cease to provide and maintain the Site at any time, for any reason, and shall provide 30 days' notice in the event of termination of the Service, subject to any additional or different terms that Ciena may agree in writing are applicable to any paid e-Subscription Service.


Disclaimers

a. Technical Errors. Ciena assumes no responsibility for any interruption, deletion, defect, delay in operation or transmission, or communications line failure. Ciena is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to You or to any person's computer related to or resulting from using the Site or the Service.

b. "AS IS." TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, CIENA SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SITE, THE SERVICE, FROM ANY CIENA CONTENT POSTED ON THE SITE OR THROUGH THE SERVICE, OR FROM THE CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE. THE SITE, SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND CIENA EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CIENA DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION. CIENA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICE. USE THE SITE AND OR SERVICE AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnity

You agree to defend, indemnify and hold Ciena, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by party arising out of or related to: (i) Your use of the Service or the Site; (ii) Your breach of this Agreement; or (iii) any use of Ciena content.


Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CIENA BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOSS OF REVENUE, COSTS OF REPLACEMENT SERVICE OR LOSS OF OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR CIENA CONTENT, EVEN IF CIENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF CIENA SHALL BE LIMITED IN THE AGGREGATE TO DIRECT DAMAGES ONLY IN THE AMOUNTS PAID BY YOU TO CIENA FOR THE SERVICE OUT OF WHICH THE LOSS OR DAMAGE DIRECTLY AROSE WITHIN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE PRECEDING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Ciena or its licensors. You are not permitted to use these Marks without the prior written consent of Ciena or the third party which may own the Mark.  


Disputes

You are solely responsible for Your interactions with other users. Ciena reserves the right, but has no obligation, to monitor disputes between You and other users. This Agreement and any dispute about or in any way involving the Site or the Service, You agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York. The U.N. Convention on Contracts for the International Sale of Goods shall not apply hereto. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this Agreement, or any provision of this Agreement, be a waiver of any subsequent breach or default or a waiver of the provision itself.


Entire Agreement / General

This Agreement constitutes the entire agreement between You and Ciena regarding the use of the Service and the Site and supersede any purchase order terms, communications, and/or representations regarding the Service. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without Ciena’s prior written consent. Ciena may assign this Agreement at any time without notice or consent. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.



I HAVE READ CIENA’S ORDERING, PAYMENT, AND CANCELLATION TERMS AND THE AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.