This section outlines Aastra On Line's Terms and Conditions and scope of services. If you have any questions, comments, or concerns regarding any of these documents, please feel free to email us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

Sales and Refund Policy

Please review this policy carefully as it contains the terms of sale that govern your purchases at the Aastra Online Store. This policy set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those related to the Aastra product warranty and terms of use for Aastra products and services. Your placement of an order at the Aastra Online Store constitutes your agreement that this policy and all of the terms and conditions contained therein, applies to the order and products and services contained therein, so be certain you fully understand them before you place your order.

Please note there may be limitations on your right to return and obtain a refund for products and services purchased at the Aastra Online Store.

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End User Software License

IMPORTANT-READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Aastra Telcom Schweiz AG and its European affiliates ("Aastra") for one of three versions of the Aastra Link software product identified below, which includes computer software and may include hardware and/or associated hosted online services and access to same, media, printed materials, and "online" or electronic documentation ("Product").  By using the Product or any hosting service associated therewith, or any related service, application, plug-in, component, functionality, or program created by Aastra or otherwise distributed via the Aastra Online Store (collectively the "Ancillary Products"), you are agreeing to the following terms and conditions.  Please read them carefully before using the Product or Ancillary Products.  By downloading the Product and/or downloading or registering for Ancillary Products, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. Aastra Link and all other products available via the Aastra Online Store are available ONLY TO USERS 18 YEARS OF AGE OR OLDER.

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Sales and Refund Policy

Hours of Operation

If you would like product information, pricing information, order status information or other assistance, the Aastra Online Store Team is available to assist you by phone at +33 1 72 93 33 55 between the hours of 8 a.m. to 8 p.m. Monday through Friday.

E.U. and Switzerland Sales Only

The Aastra Online Store sells and ships products only within the E.U. and Switzerland. No shipments can be made to addresses outside the E.U. and Switzerland. You may not export for purposes other than your own use any products purchased at the Aastra Online Store to countries outside of the country to which the order was shipped.

Software products subscription

If you have an Aastra Online Store account, you can select software products subscription for purchase at the Aastra Online Store. At the time of checkout, Aastra will obtain an authorization from the credit card you have provided the Aastra Online Store. For purchases which are based on a subscription model or which require multiple payments, you authorize Aastra by placing the order to obtain authorization from the credit card you have provided for all subsequent payments.  Such payments will continue until you notify via email at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it that you want to terminate this subscription. The subscription termination will be effective at the reception of your email or at a later date if specified.

Software Products End User License Agreement

Please note that the End User License Agreement (EULA) applies to all Aastra Link and HUD software obtained via the Aastra Online Store, irrespective of whether such software is sold by Aastra or provided free of charge.

Proof of Purchase

Aastra will send you a confirmation of your order via email.

Custom-Configured Product

Aastra offers certain products that may be custom-configured to your specifications, and Aastra encourages you to review your order carefully. Since a custom-configured product is built to your specifications, the order cannot be changed, modified, or cancelled once your order has been placed. Please review Aastra's return and refund policy carefully before ordering Aastra Box[add link].

Payment Method: Credit Cards

Aastra allows you to make your purchases using credit cards (Visa and Master Card).  Please read carefully our policies with respect to payment method before you place your order.

Whether you order online or phone in your order to Aastra, you may pay by credit card (Visa and MasterCard). Aastra is unable to accept credit cards issued by banks outside of the E.U. and Switzerland. When you provide Aastra with your card information, Aastra will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. Aastra will not bill your credit card until your order has been reviewed and accepted.

The Aastra Online Store requires the credit card security code for your card for any telephone or online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card on the back of your card, on the signature panel (Visa and MasterCard).

Sales Tax

In addition to the price of your purchases, Aastra will charge you sales tax based on your shipping address and the sales tax rate in effect at the time your order is placed. If you phone in your order, the Aastra Online Store sales representative will provide an estimated euros total of your order including tax and any applicable shipping charges at the time you place your order. If the sales tax rate for the country to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order was received in Aastra's system will apply. The proof of purchase that Aastra mails to you will include any applicable sales tax.

Shipping

As the delivery of your order is beyond Aastra's control once your order leaves Aastra's facilities, Aastra cannot assume liability for late deliveries, regardless of the delivery method you specify.

Signature is required for delivery: Most of Aastra's shipments contain valuable equipment. If you will not be at the shipping address to accept delivery of your product, consider shipping the item to an address where someone you trust will be available to sign for your package. Please note that Aastra is not able to adjust the shipping address once a package has left Aastra's warehouse. Title and risk of loss to all products will pass to you on delivery.

Undeliverable Packages: Occasionally packages are returned to Aastra as undeliverable. When the carrier returns an undeliverable package to Aastra, please contact Aastra to make arrangements for reshipment.

Failed Delivery Attempts: Most of Aastra's carriers make three attempts to deliver a package. After three delivery attempts, the carrier will return the package to Aastra.

Order Processing

The estimated shipment leadtime shown in the eShop is based on product availability, payment processing time, and warehouse processing time and does not include transit time. Aastra does not begin order processing until Aastra receives all the information that it needs and full payment or a full authorization, in the case of credit card.

Aastra aims to begin order processing for orders placed on weekends or holidays on the next business day. Business days are Monday through Friday, excluding bank holidays.

Prices

The Aastra Online Store endeavours to offer you competitive prices on current Aastra products and third-party products. Your total order price will include the price of the product on the day of shipping plus any applicable sales tax and shipping charges. Aastra reserves the right to change prices for products displayed at the Aastra Online Store at any time and particularly to correct pricing errors that appear on the Store.

Product Availability

Aastra makes every effort to ship your product as soon as possible.  However, please note that shipping dates may change due to changes in supply. Aastra will not contact you unless there is a material change in the shipping estimate.

Aastra encourages you to contact Aastra Online Store Team at +33 1 72 93 33 55 for order status information.

Aastra makes every effort to supply you with the products you order, but there may be occasions when Aastra confirms orders but learns that it cannot supply the ordered products, either at all or in the quantities ordered. These occasions can include when Aastra learns that the products no longer are being manufactured or they otherwise become unavailable to Aastra, when Aastra cannot source components for the configuration you ordered, or when there was a pricing error at the Aastra Online Store when you ordered. In those circumstances, Aastra will contact you to inform you and, if you are interested, Aastra may suggest alternative products that might meet your needs. If you do not wish to order alternative products, Aastra will cancel your order for products Aastra cannot supply and for any other products that you no longer wish to order as a result, and will refund your purchase price for those products.

Product Warranty

By purchasing from the Aastra Online Store, you acknowledge that you are business and that the sales transaction constitutes a business to business transaction for the purposes of warranty legislation.  All Aastra hardware products carry a one-year Limited Warranty against defects in materials and workmanship.

One-year limited warranty for Aastra Products

By purchasing at the Aastra Online Store, whether you place your order online or by telephone, you acknowledge that you have had an opportunity to review Aastra's warranty terms, have done so to the degree you need to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers in them.

Non-Aastra-branded, third-party products are, to the greatest extent permitted by law, sold "AS IS" by the Aastra Online Store, but may be accompanied by their manufacturers' standard warranties. Aastra sells "AS IS" products as is, where is, and with all faults, and without express or implied warranties from Aastra.

Products sold through the Aastra Online Store that do not bear the Aastra Brand name are serviced and supported exclusively by their manufacturers in accordance with any terms and conditions packaged with the products. Aastra's Limited Warranty does not apply to products that are not Aastra-branded, even if packaged or sold with Aastra products. Please contact the manufacturer directly for technical support and customer service.

Support services

Terminals bought from the Aastra Online Store that are not part of an Aastra Link system configuration bought from the Aastra Online Store come with no support services.

Aastra Online Store Software Licenses

Your use of Aastra-branded software is on the terms of the license in effect for the software at the time of purchase. You will be asked to agree to the terms of the applicable license at the time that you install the software. You may review examples of some of Aastra's licenses, including limitations, by clicking the appropriate link below. Please be aware, however, that your purchase is subject to the particular license that accompanies the software and you must agree to the terms and conditions of that license when you install the software.

Software license information: the End User License Agreement (EULA) [add link] applies to all Aastra Link and HUD software obtained via the Aastra Online Store, irrespective of whether such software is sold by Aastra or provided free of charge.

Return and Refund Policy

If you are not satisfied with your Aastra purchase of a product, please call +33 1 72 93 33 55 for a Return Material Authorization (RMA) request within 14 calendar days of the receipt of the product. Configure-to-order, personalized or other customized products may not be returned for refund or exchange under any circumstances unless such product is Dead on Arrival (see the section below for more detailed information on such Dead on Arrival products). If the item is returnable and you send it back to us unopened in the original box, Aastra will exchange it or offer you a refund based on your original method of payment. You must return the product to the Aastra warehouse within 14 calendar days of the issuance of the RMA. All products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the product. Aastra will assess a 10% handling and restocking fee on any return.

NOTE: Aastra recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to Aastra or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to (1) use a carrier that offers tracking or (2) insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping.

Dead On Arrival (DOA) Product: System Failure Out of the Box

An Aastra-branded hardware product is considered DOA if it shows symptoms of a hardware failure, preventing basic operability, when you first use it after opening the box. If you believe that your product is DOA, please call Aastra Online Team at +33 1 72 93 33 55 within 30 calendar days of the invoice date. Aastra Online Technical Support will determine whether the product is DOA and offer you the following options:
  • Replacement: Aastra, at its expense, will ship another of the same product. Aastra Online Technical Support will put you in touch with an Aastra Online Store Sales Support Representative who will arrange for replacement and the DOA product's return.
  • Service: You may have the product repaired. However, once you choose that option, you may not request replacement of the product.
If Aastra Online Technical Support determines that a returned product is not DOA, Aastra will apply Aastra's standard product warranty to the product. Further, if Aastra Online determines that you have misrepresented a returned product's condition and that the product is not DOA, Aastra may impose a EUR 300 handling fee.

This DOA policy applies only to Aastra-branded hardware products currently offered at the Aastra Online Store. As new products are offered, Aastra reserves the right to determine whether or not this policy applies. This DOA policy does not apply to third-party products that do not bear the Aastra brand name. You must call the manufacturer directly with any third-party product issues.

Defective Items

Aastra Branded Products
If you discover what you believe is a product defect for any Aastra-branded product, please contact Aastra Online at +33 1 72 93 33 55. If your product does have a defect, your product is covered under the terms of your product's warranty. Please refer to the warranty information and other supporting documentation that came with your product.

Non-Aastra Branded/Third-Party Products
If you discover what you believe is a product defect for any third-party product, please contact the manufacturer of such third-party product directly for information regarding the manufacturer's warranty. Please note that products sold through the Aastra Online Store that do not bear the Aastra brand name are serviced and supported exclusively by their manufacturers in accordance with the terms and conditions packaged with the products. Aastra's Limited Warranty does not apply to products that are not Aastra-branded, even if packaged or sold with Aastra products.

Other Terms and Conditions

  • Aastra is not responsible for typographical errors. Aastra reserves the right to cancel any order you have placed if there was a typographical error on the Aastra Online Store concerning the pricing or availability of any item you ordered when you placed the order.
  • Aastra reserves the right to change the terms and conditions of sale at the Aastra Online Store at any time.
  • Aastra may make changes to any products or services offered at the Aastra Online Store, or to the applicable prices for any such products or services, at any time, without notice. The information provided at the Aastra Online Store with respect to products and services may be out of date, and Aastra makes no commitment to update the information provided at the Aastra Online Store with respect to such products and services.
  • Aastra reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Aastra Online Store, or to any portion of the Aastra Online Store, for any reason; (2) to modify or change the Aastra Online Store, or any portion of the Aastra Online Store, and any applicable policies or terms; and (3) to interrupt the operation of the Aastra Online Store, or any portion of the Aastra Online Store, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
  • To the extent permitted by law, all sales at the Aastra Online Store are governed by [Swiss] law, without giving effect to its conflict of law provisions.
  • No Aastra employee or agent has the authority to vary any of the Aastra Online Store's policies or the terms and conditions governing any sale.
  • If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.
  • Aastra's failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by Aastra of any provision or any right it has to enforce these policies, nor shall any course of conduct between Aastra and you or any other party be deemed to modify any provision of these policies.
  • These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.
  • The Aastra Online Store provides access to Aastra international data and, therefore, may contain references or cross references to Aastra products, programs and services that are not announced in your country. Such reference does not imply that Aastra in your country intends to announce such products, programs or services.

End User Software License

The following is a list of the three software versions of the Product:

  • Aastra Link Standard Edition ("SE"):  The Aastra Link SE software distributed via the Aastra Online Store is available either as a free downloadable software or as a paid version for a fee per month per user including support. The Aastra Link SE software is licensed under the GNU General Public License (GPL) ("Open Source Software").  The terms of this license can be found at http://www.gnu.org/licenses/gpl.html. Access to the Aastra Link SE hosted service is subject to the terms and conditions set forth below. 
  • Aastra Link Enterprise Edition ("EE"):  The Aastra Link EE software distributed via the Aastra Online Store is a paid version of the Product with additional features not available in the Aastra Link SE version. The Aastra Link EE software is licensed under the GNU General Public License (GPL) ("Open Source Software").  The terms of this license can be found at http://www.gnu.org/licenses/gpl.html.  Access to the Aastra Link hosted service is subject to the terms and conditions set forth below.
  • Aastra Link Call Center Edition ("CCE"):  The Aastra Link CCE software distributed via the Aastra Online Store is a paid version of the Product with additional features not available in the Aastra Link SE version.   The Aastra Link CCE software is licensed under the GNU General Public License (GPL) ("Open Source Software").  The terms of this license can be found at http://www.gnu.org/licenses/gpl.html.  Access to the Aastra Link CCE hosted service is subject to the terms and conditions set forth below.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  • Disclaimer of Warranties.  EXCEPT AS EXPRESSLY SET FORTH ABOVE, AASTRA PROVIDES THE PRODUCT AND THE HOSTED SERVICE "AS IS" AND WITH ALL FAULTS.  AASTRA HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE PRODUCT, THE ANCIALLARY PRODUCTS OR ANY HOSTED SERVICE.  WITHOUT LIMITING THE FOREGOING, AASTRA DOES NOT WARRANT THAT THE PRODUCT, THE ANCIALLARY PRODUCTS OR HOSTED SERVICE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS.  Please note that Aastra does not provide telecommunications services.  Your telecommunications service provider is responsible for compliance with any emergency call requirements or other statutory requirements.  Depending on your specific installation and service provider, your Product installation may not send and receive emergency calls reliably, and may not pass correct location information to emergency services.  It is the sole responsibility of the installer and user to ensure compliance with all local codes, and to inform users of any limitations or issues regarding emergency calls.  Neither Aastra, nor any affiliates of Aastra, are liable for any direct or indirect damages resulting from or related to related to emergency calls use.
  • Disclaimer of Certain Damages.  IN NO EVENT WILL AASTRA OR ANY OF ITS AFFILIATES BE LIABLE FOR THE COST OF COVER OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PRODUCTS, THE ANCILLARY PRODUCTS OR HOSTED SERVICE OR OTHERWISE UNDER OR IN CONNECTION WITH THIS EULA, THE PRODUCTS, THE ANCILLARY PRODUCTS OR THE HOSTED SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY EVEN IF AASTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • Limitation of Liability.  AASTRA'S LIABILITY ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PRODUCTS, THE ANCILLARY PRODUCTS OR HOSTED SERVICE OR OTHERWISE UNDER OR IN CONNECTION WITH THIS EULA, THE PRODUCTS, THE ANCILLARY PRODUCTS OR THE HOSTED SERVICE IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE THE PRODUCTS, THE ANCILLARY PRODUCTS OR HOSTED SERVICE REGARDLESS OF THE AMOUNT OF DAMAGES YOU MAY INCUR AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY.  The foregoing disclaimer of warranties, disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.  The laws of some countries/jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages.  To the extent that those laws apply to this EULA, the exclusions and limitations set forth above may not apply to you.  You may have other rights which vary by jurisdiction. For further warranty information, you may contact Aastra at the contact information provided in the Aastra Online Shop.

INDEMNIFICATION

You agree to hold harmless and defend Aastra and all of its affiliates, at your expense, from and against any and all third party claims, actions proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Aastra or any of its affiliates arising out of or relating to your (a) violation or breach of any term of this EULA, or (b) misuse of the Products, Ancillary Products or hosted service.

YOUR REGISTRATION OBLIGATIONS

To obtain and use the hosted service, you will be required to register with Aastra by completing a registration form and designating a user ID and password.  When registering with Aastra you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Aastra has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Aastra may suspend or terminate your account and refuse any and all current or future use of the Products, Ancillary Products or hosted service (or any portion thereof).

You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password.  You agree to immediately notify Aastra of any unauthorized use of your user ID or password or any other breach of security. Aastra cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

USER CONDUCT/ACCEPTABLE USE POLICY

You may not use the Products, Ancillary Products and hosted service in any way that violates applicable country, federal, state, or international law, or for any unlawful purpose.  In addition, Aastra reserves the right to terminate your access to and use of the Products, Ancillary Products and hosted service if, in Aastra reasonable view, your conduct fails to meet any of the following conduct guidelines:

  • You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Aastra website, computer systems and network, or the Products, Ancillary Products and hosted service.
  • You may not attempt to interfere with any other person's use of the Products, Ancillary Products and hosted service.
  • You may not misrepresent your identity or impersonate any person.
  • You may not attempt to gain access to any account, computers or networks related to the Products, Ancillary Products and hosted service without authorization.
  • You may not attempt to obtain any data through any means from the Products, Ancillary Products and hosted service, except if we intend to provide or make it available to you.
  • You may not use the Products, Ancillary Products and hosted service to participate in pyramid schemes or chain letters.
  • You may not use the Products, Ancillary Products and hosted service to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
  • You may not use the Products, Ancillary Products and hosted service for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
  • You may not use the Products, Ancillary Products and hosted service to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
  • You may not use the Products, Ancillary Products and hosted service to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer or property.
  • You may not use the Products, Ancillary Products and hosted service to violate any code of conduct or other guidelines which may be applicable to the Products, Ancillary Products and hosted service.
  • You may not use the Products, Ancillary Products and hosted service to harvest or otherwise collecting information about others, including e-mail addresses.
  • You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Aastra in connection with the Products, Ancillary Products and hosted service.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Aastra.

CONFIDENTIAL INFORMATION

Nondisclosure. All intellectual property and confidential information ("Confidential Information") disclosed by Aastra pursuant to this EULA shall not be distributed, disclosed, or disseminated in any way or form to anyone except your own employees who have a reasonable need to know such Confidential Information and who have been advised of the confidential nature and are required by written agreement to observe the terms and conditions hereof, nor shall Confidential Information be used by you for your own purpose, except for the purposes of exercising its rights or fulfilling its obligations under this EULA. If you are required by a subpoena or court order to disclose Confidential Information, you shall disclose only that amount of information requested to comply with such subpoena or court order and shall provide Aastra with prior sufficient notice to allow Aastra to seek a protective order.

Exclusions. The obligations of this Section shall not apply, however, to any information which:
  • is already in the public domain or becomes available to the public through no breach of this EULA by you;
  • was in your possession prior to receipt from Aastra as proven by your written records;
  • is received independently on a non-confidential basis from a third party free to disclose such information to you;
  • is independently developed by  you as proven by your written records prior to receipt from Aastra; or
  • is licensed under the GNU General Public License ("GPL").
Return of Confidential Information. Upon request of Aastra, or upon any expiration or termination of this EULA, you shall promptly return all copies and embodiments of the Confidential Information to Aastra.

OWNERSHIP

The Products, Ancillary Products and hosted service are valuable property of Aastra and its designated sourcing partners and are protected by copyright and other intellectual property laws and treaties.  Aastra or its designated sourcing partners own all right, title and interest in and to the Products, Ancillary Products and hosted service and all copyright and other intellectual property rights in the Products, Ancillary Products and hosted service.

INTELLECTUAL PROPERTY RIGHTS AND NOTICES

All contents of the Aastra's website, product and hosted service, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2007 Aastra Telecom Schweiz AG, and/or the proprietary property of its designated sourcing partners, affiliates or licensors.  Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party websites or other networked computer environment) without the express prior written consent of Aastra and/or its designated sourcing partners, affiliates, or licensors.  All rights reserved. 

Aastra, Aastra Link, Aastra Online Shop, Aastra.com, the Aastra logo, trixbox and the trixbox logo are including without limitation, either trademarks, service marks or registered trademarks of Aastra, Aastra's affiliates or its designated sourcing partners, and may not be copied, imitated, or used, in whole or in part, without Aastra's prior written permission or that of its designated sourcing partners.  Other product and company names may be trade or service marks of their respective owners.  This EULA does not grant you any rights in connection with any trademarks or service marks of Aastra.

Aastra may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that are part of the Products, Ancillary Products and/or hosted services.  Unless Aastra has granted you licenses to such intellectual property in these terms and conditions, Aastra providing you with such Product and/or hosted service does not give you any license to our intellectual property.  Any rights not expressly granted herein are reserved.

TERMINATION

Without prejudice to any other rights, Aastra may terminate this EULA if you do not abide by the terms and conditions contained herein.  Upon termination of this EULA, you must cease use of the Products, Ancillary Products and hosted service, and destroy all copies of the Products, Ancillary Products and all  component parts thereof.  No delay or omission to exercise any right, power, or remedy upon a breach or default under this Agreement shall impair any such right, power, or remedy of the non-defaulting party or be construed as a waiver of any such breach or default.

EXPORT RESTRICTIONS

You acknowledge that the Product is subject to U.S. export restrictions.  You agree to comply with all applicable laws and regulations that apply to the Product, including without limitation the U.S. Export Administration Regulations.

U.S. GOVERNMENT LICENSE RIGHTS

All Product provided to the U.S. Government is provided with the commercial license rights and restrictions described in this EULA.  By installing, copying or using the Product, the U.S. Government agrees that the Product is "commercial computer software" or "commercial computer software documentation" within the meaning of DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or disclosure of the Product by the U.S. Government shall be governed solely by the term of this EULA and shall be prohibited except to the extent expressly permitted by the terms of this EULA.

GOVERNING LAW; JURISDICTION

Unless expressly prohibited by local law, this EULA and all orders hereunder shall be governed by and construed under the laws of the State of California, U.S.A. without regard to any conflict of law principles to the contrary.  The 1980 U.N. Convention on Contracts for the International Sale of Goods or any successor thereto does not apply.  You hereby irrevocably submit to jurisdiction of the state and federal courts located in Los Angeles County, California with respect to any proceeding under this EULA or relating to the Product.  You will not prosecute any action, suit, proceeding or claim arising under or by reason of this EULA except in such courts. 

ATTORNEYS' FEES

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and reasonable attorneys' fees. 

ENGLISH LANGUAGE

It is the express wish of the parties that this Agreement and all related documents be drawn up in English.

ENTIRE AGREEMENT

This EULA sets forth the entire agreement of Aastra and you with respect to the Products, Ancillary Products, the hosted service, and the subject matter hereof, and supersedes all prior and contemporaneous understandings and agreements whether written or oral.  No amendment, modification or waiver of any of the provisions of this EULA will be valid unless set forth in a written instrument signed by the party to be bound thereby.

SEVERABILITY

If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable, the remainder of this EULA will remain in full force and effect and shall control.

NOTICES

Any notice required or permitted to be sent under this Agreement shall be delivered by first class mail, return receipt requested, or via an international courier service (e.g. FedEx, DHL, UPS, etc.) to the addresses provided in the contact information on the Aastra Online Store website.  Notice so sent will be deemed effective three days following deposit in the mail, proper postage prepaid or one day following delivery to an international courier, prepaid for overnight delivery.

MODIFICATIONS

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  You can find the most recent version of these terms and conditions at http://www.aastraonline.com, with the date of last modification noted above.  Such modifications shall become effective immediately upon the posting thereof.  Therefore, we encourage you to check the date of our terms and conditions whenever you visit the Aastra Online Store website website to check if they have been updated.  You must review this agreement on a regular basis to keep yourself apprised of any changes.  If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Products, Ancillary Products and/or hosted service.  Your continued use of the Products, Ancillary Products and/or hosted service following the posting of modifications will constitute your acceptance of the revised terms and conditions.  Should you have any, please contact us at: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

© 2007 Aastra Telecom Schweiz AG. All rights reserved. Unauthorized duplication is a violation of applicable laws.