Terms of Use

By using our Website, you acknowledge and agree that you accept these terms and conditions of use. In addition, you accept the terms and conditions in the Privacy Policy and Trademark Guidelines, which are incorporated by reference into this User Agreement ("Agreement"). Please read them carefully. If you do not agree to any of the terms and conditions, please do not use our Website or access our services.

• Additional Terms, Changes and Updates
• Your Obligations
• Copyright Protection
• Obtaining Personal Information
• Access to and Transfer of Personal Information
• Cookies and Web Storage
• User Account and Password
• User Covenants and Breach
• Non-Personal Information Provided To or Collected By VeEX
• Copyright of Website and Trademarks
• VeEX Software and Intellectual Property
• Third Party Websites
• Availability of Products and Services
• U.S. Government Rights
• Changes to Terms of Use
• Indemnity
• Express Limited Warranty Regarding VeEX's Products
• No Warranty
• Limitation of Liability
• Exclusions and Limitations
• Uncertainty of Predictions
• Attorneys' Fees
• Governing Law, Jurisdiction and Venue
• General

Additional Terms, Changes and Updates

Our Privacy Policy and Trademark Guidelines are incorporated into this Agreement by reference and provide additional terms and conditions. By using this Website and accepting this User Agreement, you also acknowledge and agree to accept the terms and conditions in our Privacy Policy and Trademark Guidelines. Any of the terms and conditions in this Agreement and any documents incorporated by reference may be amended, changed or deleted at any time at VeEX's sole discretion. New terms and conditions may be added at any time and from time to time without any further notice to you. These changes are effective immediately after we post the amended changes on the Website. You must consistently and periodically review these terms and conditions of use to apprise yourself of the then current provisions and their application to you.

Your Obligations

In using this Website, you represent that you are of legal age to form binding contracts under applicable laws. VeEX does not sell products or provide services to those under the age of 13.

Copyright Protection

This Website (including its content and photographs) is protected by U.S. copyright law. You acknowledge and agree not to reproduce any portion of the information on this Website without VeEX's prior written consent. In addition, you acknowledge and agree not to download and use any of the photographs on this Website without VeEX's prior written consent. You also acknowledge and agree not to modify, distribute, publish, transmit or create derivative works of any information found on this Website for any reason, public or otherwise.

Obtaining Personal Information

Your use of this Website constitutes acceptance of our Privacy Policy. You understand that your use of this Website may result in personal information being collected and processed by VeEX. You understand and consent to collection and processing of such personal information. If you do not want any further collection of such information, please immediately terminate your use and do not access this Website any further.

Access to and Transfer of Personal Information

VeEX will not sell, lease, or loan any of your personal information to nonaffiliated third parties without your prior written consent. However, VeEX makes no other representation regarding the information received or collected during your use of this Website. VeEX does not represent that you will later have access to your information in order to delete it or correct any inaccuracies.

Cookies and Web Storage

VeEX uses "cookies" and "web storage" in connection with operation of its Website. The use of cookies and web storage will allow VeEX to personalize, monitor, or regulate the use of its Website. You acknowledge and agree that VeEX uses cookies and web storage to tailor the appearance or presentation of the Website to your preferences or interest. If you choose not to receive cookies or web storage, please adjust your browser setting to refuse cookies and web storage. If you need to use our Customer Portal, you have to turn on cookies and web storage to use our Website.

User Account and Password

When you register with VeEX for an online account or sign up for one of our training courses, you will receive a password and account information upon completing the process. You are responsible for maintaining the confidentiality of the password and account information. You agree to notify VeEX of any unauthorized use of your password or account, and you agree to exit from your account at the end of each session to preserve the security of your account. VeEX will not be liable for any loss or damage arising from your failure to comply with this section.

User Covenants and Breach

You acknowledge and agree not to do any of the following in connection with the use of our Website, online services, training courses, and /or stores:

• Provide false, inaccurate, or misleading information;
• Upload, post, e-mail, transmit or otherwise provide any information or material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third party;
• Upload, post, e-mail, transmit, or otherwise provide any information or material that is unlawful, harmful, abusive, obscene, libelous, or otherwise objectionable;
• Upload, post, e-mail, transmit, or otherwise provide any information or material that is unsolicited, unauthorized, or "spam";
• Upload, post, e-mail, transmit, or otherwise provide any information or material that contains viruses, programs, or other codes designed to interrupt, destroy or limit the functionality of any computer hardware or software or VeEX equipment; or
• Intentionally or unintentionally violate any applicable local, state, national or international law.

You understand that VeEX may access, retain, and disclose your personal information if required to do so by law if such access, retention, and disclosure is necessary to comply with the legal process, protect the security of its users and the public, undertake your request for customer service, or respond to any third party claims.

Non-Personal Information Provided To or Collected By VeEX

You understand that any non-personal information submitted to or collected by VeEX, including your ideas, notes, drawings or original or creative suggestions, provided through email or otherwise, is not confidential and you hereby transfer, assign and convey all of your right, title and interest in the same to VeEX. VeEX shall have the exclusive right to such information and shall have the right to use it in any manner it deems appropriate without prior notice to you and without compensation in any manner to you.

Copyright of Website and Trademarks

Your use of this Website constitutes acceptance of our Trademark Guidelines. All of VeEX's Website is copyright protected by VeEX, including all graphics, text, design, layout and format. All rights in such material are reserved by VeEX. "VeEX Inc.", "Sunrise Telecom®", "SunSet®," "SunLite®" and other marks or logos are all trademarks and tradenames of VeEX and may not be used or reproduced without the prior written consent of VeEX and in accordance to a license agreement between you and VeEX. Please see the Company's Trademark Guidelines for more information.

VeEX Software and Intellectual Property

You acknowledge and agree that our software and services may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Any software posted by VeEX on this Website, including future updates, patches for current software or any other software shall be provided solely through a license agreement between you and VeEX. No ownership in this software shall pass to you. Accordingly, you may not download or install the software until you have read and accepted the terms and conditions in the license agreement. You acknowledge and agree not to modify, change, copy, distribute, sell, transfer, reverse engineer, decompile, disassemble or create derivative works from any of VeEX's software. In addition, you acknowledge and agree not to modify, sell, distribute, or create derivative works based on our services, software, or products.

Third Party Websites

VeEX may provide links from our Website to third party Websites solely as a convenience to you. VeEX makes no representations about the information found on other Websites linked to this Website. We have not reviewed or approved, do not control, and are not responsible for these third party Websites' content, services, products, or privacy policies. You acknowledge and agree that VeEX is not responsible for the availability of such third party Websites and is not responsible for any content, advertising, products, or any other information on or available from such Websites. You shall be solely responsible for determining the quality, accuracy, content, nature and reliability of such information.

Availability of Products and Services

Some products and services listed on our Website may not be available in your country. Please contact your local sales representative for the availability of products and services of interest to you.

U.S. Government Rights

Any information, data, software, and other materials available on our Website are commercial in nature. Use, duplication, or disclosure of these materials by U.S. Government users is subject to the restrictions in (1) the "Commercial Computer Software-Restricted Rights" clause set forth in the Federal Acquisition Regulations System (FARS) at 48 C.F.R. §52.227-19 or (2) the "Rights in Data-General" clauses set forth in the FARS at 48 C.F.R. §52.227-14 or 252.227-7013, as applicable.

Changes to Terms of Use

Products, information, and services provided by VeEX on its Website may be subject to U.S. export control laws and regulations and/or the laws of the country where you reside. You acknowledge and agree to comply with all such applicable laws and regulations and not use, export, or re-export any products, information or services in violation of such laws and regulations.

Export Control Laws and Regulations

Indemnity

You agree to indemnify VeEX and hold VeEX, its subsidiaries, affiliates, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of 1) your use of this Website, 2) the information you submit, transmit, or provide, 3) your connection to the use of this Website, 4) your violation of this Agreement or any documents it incorporates by reference, 5) your violation of any laws or regulations or 6) your violation of any right of a third party.

Express Limited Warranty Regarding VeEX's Products

No Warranty

VEEX MAKES NO WARRANTY, EXPRESS OR IMPLIED REGARDING ANY OF THE INFORMATION CONTAINED ON THIS WEBSITE. ALL INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS AND VEEX DOES NOT WARRANT OR REPRESENT THAT ANY OF THE INFORMATION CONTAINED ON THIS WEBSITE IS CURRENT, ERROR FREE, NON-INFRINGING OR COMPLETE. THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED. VEEX DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVERS NOW OR IN THE FUTURE ARE FREE OF VIRUSES OR OTHER HARMFUL BUGS. VEEX SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

VEEX SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THE USE OR ACCESS OF THE INFORMATION CONTAINED ON THIS WEBSITE AND ANY SUBSEQUENT SALE OF ANY OF ITS PRODUCTS, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM OR RELATED TO LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF GOODWILL, INJURY TO REPUTATION, OVERHEAD, DOWNTIME, REPAIR OR REPLACEMENT, OR CHARGE-BACKS OR OTHER DEBITS FROM A CUSTOMER OR ANY CUSTOMER OF A CUSTOMER. VEEX'S LIABILITY ON ANY CLAIM OF ANY KIND, INCLUDING NEGLIGENCE, WHETHER AS TO ANY INFORMATION CONTAINED ON ITS WEBSITE OR REGARDING ANY OF ITS PRODUCTS DELIVERED OR FOR NONDELIVERY OF ANY OF ITS PRODUCTS, SHALL IN NO CASE EXCEED THE PRICE PAID FOR THE PROD UCT, MATERIAL, OR SPARE PART THEREOF WHICH GIVES RISE TO THE CLAIM.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Uncertainty of Predictions

Our Website may contain predictions or projections of future events, conditions, or other matters that concern or may affect the future financial performance of VeEX or its family of companies. We caution you that these predictions are subject to substantial uncertainties. As a result, actual events or financial performance may differ materially from our predictions or their implications. Please review the documents VeEX periodically files with the Securities and Exchange Commission, including the company's most recent Form 10-K and Form 10-Q, to identify important factors that could cause actual performance to differ materially from that predicted or implied by predicted events.

Attorneys' Fees

In the event any action is taken to enforce or interpret any of the terms and conditions contained on this Website, the prevailing party, in addition to any other relief which the court may grant, shall be reimbursed for attorneys' fees and actual cost incurred. In addition, the prevailing party shall, as a separate item, also be reimbursed for attorneys' fees and costs incurred in enforcing and recovering under any judgment. This post-judgment attorneys' fees provision is intended to be severable from the other provisions of this Agreement and is intended to survive any judgment and is not to be deemed merged into the judgment.

Governing Law, Jurisdiction and Venue

This Agreement shall be governed by and construed solely in accordance with the laws of the state of California without regard to its conflict of law provisions. You acknowledge that VeEX is located in Alameda County, California and agree that the exclusive jurisdiction and venue for all actions related to this Website shall be bought and maintained solely in Alameda County, California, United States of America only, Superior Court in Fremont, California for all state court matters and Northern District Court of California, Fremont facility, for all federal court matters.

General

• Exclusive Remedies. The remedies provided herein are your sole and exclusive remedies.
• Assignment. Rights, duties and obligations in this Agreement are not assignable by any party.
• Waivers. VeEX's failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights.
• Amendments and Changes. No conditions or representations, altering, detracting from, nor adding to the terms or conditions hereof shall be valid unless evidenced in writing and signed by both parties.
• Interpretation. You understand and acknowledge that you have reviewed and understood these terms and conditions. You agree that if any term or provision herein is deemed unclear or ambiguous, the interpretation and enforcement of said unclear or ambiguous term or provision shall not be more strongly construed against VeEX for drafting these terms and conditions.
• Severability. If any term or provision is held or deemed to be void or unenforceable, the rest of the terms and conditions shall be interpreted and enforced as if said void or unenforceable term or provision was not contained in this Agreement.
• Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
• Violation of this Agreement. VeEX reserves the right to seek all remedies available by law and in equity for any violation of this Agreement.