The following are terms of a legal agreement ("Terms") between you and Level 3 Communications, Inc. By accessing, browsing, using, framing and/or linking to this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. Users of this Site acknowledge that they are 18 years or older. If you do not agree to these Terms, do not use this Site. In the event that one or more provisions of the Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in the Terms, which shall remain valid and enforceable.
Restrictions on Use of Site
Level 3 Communications, Inc. and its affiliates (collectively "Level 3") hereby authorize you to copy the written materials published by Level 3 on this Site (the "Materials") exclusively for non-commercial use by you personally or within your organization. The design and layout of the Site are specifically excluded from the Materials. No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.
The Materials have been compiled by Level 3 from internal and external sources. However, while Level 3 has attempted to provide accurate information on the Site, no representation is made or warranty given as to the completeness or accuracy of the Materials. In particular, you should be aware that the Materials may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from this Site before you take any action upon it.
THE INFORMATION ON THIS 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, AND NON-INFRINGEMENT. Level 3 SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY OR INJURY CAUSED TO YOU, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THE SITE, EVEN IF Level 3 AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No advice or information, whether oral or written, obtained by a User from Level 3, shall create any warranty not expressly made herein.
Level 3 periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Level 3 shall have no liability whatsoever for the resulting unavailability of the Web site or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, misdelivery, or non-delivery of data or other information caused by such system outages, or any third-party acts or any other outages of Web hosting providers or the Internet infrastructure and network external to the Site.
Links to Third-Party Web sites: Framing
There may be circumstances where access to this Site is provided by a hypertext link located at another Web site. Level 3 does not make any representations or give any warranties with respect to any information contained in or at these other sites and Level 3 shall not be liable for any damages or injury arising from the content of these other sites. Level 3 does not endorse the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, which provide a link to this Site at their Web sites. Unless approved in writing in advance by Level 3, you agree not to copy or reproduce at any other Web site any of the Materials located at this Site. Contact the Level 3 Webmaster to seek approval to copy or reproduce any Materials from this Site.
The Materials published on this Site may include technical inaccuracies or typographical errors. Changes – including, but not limited to, quoted prices – may be made periodically to the Materials. Level 3 may also make improvements and/or changes in the services and/or the programs described in the Materials at any time without notice. Level 3 shall have the right to revise these Terms at any time by updating this posting. By linking, accessing, browsing, and/or using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
Disclosure: Forward-Looking Statements
Some of the Materials may contain projections or other forward-looking statements regarding future events or the future financial or technical performance of Level 3. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. We refer you to the documents Level 3 files from time to time with the Securities and Exchange Commission; specifically, the most recent Level 3 Form 10-K and Form 10-Q. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements including, among others, substantial capital requirements; development of effective internal processes and systems; the ability to attract and retain high quality employees; changes in the overall economy; technology; the number and size of competitors in its markets; law and regulatory policy; and the mix of products and services offered in the company’s target markets.
Although such projections and other forward-looking statements are accurate at the time they are made available, such information is provided for informational purposes and is provided "as is" without warranty of any kind. Level 3 makes no representations and disclaims all express, implied, and statutory warranties of any kind to user and/or any third party including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. Level 3 assumes no obligation to update or ensure the accuracy of the projections and forward-looking statements posted on the Site. Level 3 shall not be liable for any errors or delays in the delivery of such information provided through the Site or for any actions taken in reliance thereon.
Access to Information
Level 3 may provide access to international information, which information may contain references or cross references to programs and services that are not currently available in your country. Level 3 provision of references to such programs and services does not necessarily mean or otherwise imply that the programs and services announced or discussed are available in countries other than the United States. Also, Level 3 is a service provider operating in some, but not all, markets within the U.S. Therefore, it may provide access to information that may contain references or cross references to programs and services that are not announced or available in all U.S. markets. Level 3 provision of references to such programs and services does not necessarily mean or otherwise imply that the programs and services announced or discussed are available in all United States markets or all markets where Level 3 conducts business.
Governing Law and Jurisdiction: Compliance With Laws
These terms and access to this Site are governed by U.S. Federal Law and/or the laws of the State of Colorado. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted only in a state or federal court located in Denver, Colorado, U.S.A. You and Level 3 agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
All information available at this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Level 3 services and publications are commercial in nature. Any Materials copied or downloaded from this Site for or on behalf of the United States of America, its agencies and or instrumentalities ("U.S. Government"), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
No delay or omission by Level 3 to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Level 3 of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
Intellectual Property Rights
Services, technology, and/or processes referenced and described in this Site are the subject of intellectual property rights reserved by Level 3 including, without limitation, those certain patent and trademark rights expressly identified below. Nothing contained herein shall be construed as conferring to you personally, or to your organization in any manner, whether by implication, estoppel or otherwise, any license, title, interest or ownership of or to any intellectual property right of Level 3.
Level 3 owns at least the following United States patents and various foreign counterparts thereof: 5,159,601; 5,187,760; 5,191,586; 5,208,819; 5,222,089; 5,257,124; 5,268,910; 5,271,024; 5,283,686; 5,293,545; 5,301,054; 5,321,543; 5,321,707; 5,331,449; 5,373,389; 5,400,166; 5,416,629; 5,483,587; 5,546,449; 5,586,175; 5,590,181; 5,615,251; 5,619,554; 5,633,919; 5,638,430; 5,646,982; 5,664,009; 5,682,328; 5,799,156; 5,825,520; 5,848,403; 5,854,833; 5,867,566; 5,873,099; 5,903,637; 5,978,791; 5,996,025; 6,016,343; 6,023,697; 6,049,831; 6,061,331; 6,094,284; 6,097,699; 6,115,174; 6,118,566; 6,130,890; 6,144,638; 6,146,713; 6,147,970; 6,160,811; 6,160,819; 6,185,210; 6,185,598; 6,185,619; 6,189,039; 6,195,680; 6,226,618; 6,236,487; 6,238,485; 6,238,729; 6,263,313; 6,263,372; 6,272,566; 6,275,470; 6,279,038; 6,282,002; 6,292,598; 6,317,243; 6,327,406; 6,344,922; 6,344,925; 6,347,366; 6,356,383; 6,359,729; 6,369,923; 6,370,579; 6,377,389; 6,398,245; 6,405,188; 6,405,257; 6,415,280; 6,415,289; 6,418,421; 6,426,821; 6,442,169; 6,442,250; 6,449,073; 6,456,750; 6,459,529; 6,460,082; 6,463,454; 6,463,508; 6,473,405; 6,480,879; 6,487,005; 6,490,580; 6,490,629; 6,493,119; 6,493,707; 6,504,646; 6,505,248; 6,515,789; 6,522,439; 6,526,062; 6,529,305; 6,534,712; 6,538,783; 6,556,319; 6,563,614; 6,563,846; 6,563,979; 6,567,194; 6,567,207; 6,567,378; 6,567,854; 6,577,423; 6,577,595; 6,587,241; 6,587,249; 6,587,261; 6,587,837; 6,600,733; 6,603,848; 6,614,586; 6,614,781; 6,618,195; 6,629,126; 6,633,690; 6,633,712; 6,643,362; 6,650,742; 6,654,807; 6,661,973; 6,671,429; 6,671,804; 6,675,072; 6,682,010; 6,687,047; 6,687,130; 6,690,262; 6,690,884; 6,691,148; 6,700,972; 6,701,222; 6,702,897; 6,704,139; 6,707,670; 6,707,797; 6,708,002; 6,714,695; 6,714,739; 6,725,263; 6,735,617; 6,745,242; 6,754,177; 6,760,761; 6,763,377; 6,768,777; 6,768,833; 6,769,112; 6,771,413; 6,771,905; 6,775,056; 6,775,477; 6,775,709; 6,778,502; 6,779,031; 6,782,209; 6,795,400; 6,798,801; 6,799,177; 6,801,936, 6,804,316; 6,807,068; 6,809,858; 6,817,515; 6,831,932; 6,839,522; 6,850,524; 6,850,525; 6,850,677; 6,859,135; 6,859,791; 6,870,851; 6,874,032; 6,891,981; 6,895,091; 6,901,397; 6,907,195; 6,907,401; 6,909,696; 6,910,135; 6,922,529; 6,925,212; 6,928,442; 6,931,001; 6,934,077; 6,934,469; 6,934,473; 6,937,389; 6,937,796; 6,938,081; 6,940,849; 6,941,037; 6,944,127; 6,944,399; 6,954,590; 6,963,910; 6,965,890; 6,965,937; 6,967,769; 6,973,106; 6,980,659; 6,980,711; 6,980,741; 6,980,746; 6,987,909; 6,992,815; 7,002,909; 7,002,950; 7,010,229; 7,013,322; 7,035,223; 7,035,537; 7,035,934; 7,039,067; 7,039,633; 7,046,430; 7,051,099; 7,054,308; 7,054,935; 7,062,169; 7,065,303; 7,072,980; 7,075,922; 7,080,031; 7,085,042; 7,088,499; 7,088,500; 7,099,306; 7,103,564; 7,106,747; 7,110,984; 7,113,706; 7,116,640; 7,117,259; 7,120,362; 7,127,173; 7,127,173; 7,130,273; 7,130,298; 7,130,540; 7,130,542; 7,133,193; 7,142,788; 7,146,000; 7,162,468; 7,173,910; 7,188,085; 7,196,838; 7,197,241; 7,200,150; 7,206,748; 7,215,463; 7,215,643; 7,239,629; 7,240,368; 7,242,776; 7,251,221; 7,260,332; 7,274,873; 7,280,487; 7,281,199; 7,283,561; 7,296,212; 7,317,877; 7,339,725; 7,339,934; 7,340,183; 7,343,097; 7,346,043; 7,363,381; 7,369,535; 7,373,644; 7,379,471; 7,388,946; 7,404,010; 7,406,264; 7,415,211; 7,424,224; 7,436,936; 7,437,082; 7,440,455; 7,457,859; 7,471,447; 7,483,629; 7,519,074; 7,522,334; 7,542,420; 7,542,679; 7,554,930; 7,564,840; 7,570,632; 7,570,633; 7,580,516; 7,596,323; 7,606,494; 7,623,528; 7,630,308; 7,657,017; 7,720,081; 7,720,084; 7,734,019; 7,738,384; 7,738,647; 7,752,297; 7,757,272; 7,760,658; 7,764,670; 7,769,290; 7,802,310; 7,813,335; 7,822,871; 7,826,752; 7,860,964; 7,864,710; 7,903,978; 7,904,555; 7,921,161; 7,924,734; 7,929,676; 7,941,514; 7,945,539; 7,945,544; 7,945,693; 7,949,662; 7,949,779; 7,953,888; 7,958,556; 7,961,720; 7,961,863; 7,962,923; 7,965,645; 7,969,992; 7,986,881; 7,995,151; 7,995,479; 7,995,729; 7,995,736; 8,001,096; 8,009,236; 8,015,298; 8,019,844; 8,031,616; 8,031,856; 8,036,214; 8,060,101; 8,060,613; 8,064,431; 8,064,467; 8,064,763; 8,082,262; 8,085,689; 8,085,761; 8,089,891; 8,089,958, 8,089,972, 8,140,672, 8,144,598, 8,149,714, 8,155,009, 8,156,066, 8,175,020, 8,194,565. Electronic copies of these patents as well as Level 3’s published pending patent applications can be found at www.uspto.gov.
Certain Level 3 content delivery services are provisioned using systems, methods and/or functionality covered by one or more of the following U.S. Patents: 6,463,454, 6,654,807, 7,822,871, 7,860,964, 7,945,693, 7,959,779, 8,060,613 and 8,140,672, and licensed under at least the following U.S. Patents: 5,778,187, 5,983,005, 6,119,163, 6,434,622, 7,266,686, 7,180,153 and 7,600,120. Certain Level 3 modem services are provisioned using systems, methods and/or functionality covered by one or more of the following U.S. Patents: 6,442,169, 7,200,150 and 7,720,081. Certain Level 3 voice services are provisioned using systems, methods and/or functionality one or more of the following U.S. Patents: 6,614,781, 7,564,840, 7,580,516, 7,657,017, 7,738,647, 7,813,335, 7,929,676, 7,995,729, 7,995,736, 7,961,720, 7,961,863, 8,036,214, 8,089,958, 8,031,856, 8,085,761, 8,089,972 and 8,089,958. Level 3 Vyvx services are provisioned using systems, methods and/or functionality one or more of the following U.S. Patents: 7,995,151, 8,009,236 and 8,175,020.
Global Crossing Telecommunications, Inc. is licensed under the following, and related Ronald Katz Technology Licensing, L.P. United States Patents: 4,939,773; 4,987,590; 5,091,933; 5,297,197; 5,442,688; 6,157,711; and others.
Service Mark Rights
"Level 3 Communications," "Level 3," the red 3D brackets, Vyvx, the Level 3 Communications logo and any other marks designated with "®" are registered service marks, and those designated with "SM" are pending and/or common law service marks, of Level 3 in the United States and/or other countries (collectively, "Level 3 marks"). Any use a Level 3 mark contained on the Site or otherwise is strictly prohibited absent express written permission by Level 3.
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