End-User License Agreement

1 Definitions

For the purposes of this Agreement, the following definitions apply:

• “Agreement” means this End-User License Agreement, including any amendments or updates made by PTNW from time to time.
• “Content” means all text, images, data, software, product listings, specifications, technical documentation, pricing information, and other materials made available on or through the Websites.
• “Services” means all products, services, and solutions offered by PTNW, including but not limited to: new and refurbished telecommunications equipment sales; spare parts management services; network planning and optimization; drive testing; technical support, training, and engineering services; data center decommissioning; telecom equipment recovery; inventory optimization; equipment recycling; and PTNW-brand optical transceivers.
• “User,” “You,” or “Your” refers to any individual, company, or entity that accesses or uses the Websites or Services.
• “Websites” refers to www.peachtreenetworks.com and www.ptnw.com (which redirects to www.peachtreenetworks.com), including all subdomains, pages, and associated content.

2 Acceptance of Terms

By accessing, browsing, or using the Websites, submitting a request for quotation (RFQ), placing an order, or otherwise engaging with PTNW’s Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement.

3 License Grant

3.1 Limited License

Subject to the terms of this Agreement, PTNW grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Websites and their Content solely for legitimate business purposes related to the evaluation, purchase, or use of PTNW’s products and Services.

3.2 Permitted Uses

You may use the Websites and Content to:

• Browse and search for telecommunications equipment and services.
• Submit requests for quotation and purchase orders.
• Access technical documentation and product specifications.
• Communicate with PTNW representatives regarding business inquiries.

4 Restrictions on Use

You agree not to:

• Copy, reproduce, distribute, modify, create derivative works from, publicly display, or exploit any Content from the Websites without prior written consent from PTNW.
• Use automated tools, bots, scrapers, or similar technology to access, harvest, or collect data from the Websites.
• Reverse engineer, decompile, or disassemble any software or technology provided through the Websites.
• Use the Websites or Services for any unlawful, fraudulent, or unauthorized purpose.
• Interfere with or disrupt the integrity, security, or performance of the Websites or their underlying infrastructure.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Transmit any viruses, malware, or other harmful code through the Websites.
• Resell, sublicense, or commercially exploit access to the Websites without PTNW’s express written permission.

5 Intellectual Property Rights

5.1 Ownership

All Content, trademarks, logos, trade names (including “Peachtree Networks,” “PTNW,” and associated logos), service marks, trade dress, patents, copyrights, trade secrets, and other intellectual property rights associated with the Websites and Services are and shall remain the exclusive property of PTNW or its licensors. Nothing in this Agreement grants you any ownership interest in any PTNW intellectual property.

5.2 Trademarks

The PTNW name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Peachtree Networks Inc. You may not use these marks without PTNW’s prior written consent. All other trademarks, including those of original equipment manufacturers (OEMs) referenced on the Websites, are the property of their respective owners. PTNW is an independent reseller and is not affiliated with, endorsed by, or authorized by these OEM manufacturers unless expressly stated.

6 Products and Services

6.1 Product Descriptions

PTNW endeavors to provide accurate product descriptions, specifications, and pricing information on the Websites. However, we do not warrant that product descriptions, images, pricing, or other Content on the Websites are complete, accurate, current, or error-free. All product listings are subject to availability and may be modified or discontinued without notice.

6.2 Pricing and Orders

All prices displayed on the Websites are indicative and subject to confirmation at the time of quotation or order. PTNW reserves the right to correct any pricing errors and to cancel or refuse any orders placed at incorrect prices. Orders are subject to acceptance by PTNW, and a binding contract is formed only upon PTNW’s written confirmation or issuance of an invoice.

6.3 Refurbished Equipment

Telecommunications equipment sold by PTNW may include refurbished, reconditioned, or previously used items. All such equipment undergoes quality testing in accordance with PTNW’s standards. Warranty terms, if applicable, will be specified in the individual sales agreement, quotation, or invoice.

6.4 Recycling and Environmental Compliance

PTNW’s recycling services are conducted through its ISO-certified e-waste recycling facility. All recycling activities comply with applicable local and international environmental regulations. Specific terms for recycling services will be set forth in separate service agreements.

7 User Accounts and Registration

Certain features of the Websites may require registration or the creation of a user account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify PTNW immediately of any unauthorized use of your account.

8 Privacy and Data Protection

PTNW is committed to protecting your privacy. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Websites, you consent to the collection and use of your information as described in the Privacy Policy. PTNW complies with applicable data protection laws, including the Protection of Personal Information Act (POPIA) of South Africa, the General Data Protection Regulation (GDPR) where applicable, and other relevant international data protection legislation.

9 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The Websites and all Content, products, and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, statutory, or otherwise.
• PTNW expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
• PTNW does not warrant that the Websites will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
• PTNW does not warrant the accuracy, completeness, or reliability of any Content obtained through the Websites.
• Any reliance on Content or information provided through the Websites is at your own risk.

10 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• In no event shall PTNW, its directors, officers, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, data, or other intangible losses, arising out of or related to your use of or inability to use the Websites or Services.
• PTNW’s total aggregate liability to you for any and all claims arising from or related to this Agreement shall not exceed the greater of: (a) the amount you have paid to PTNW in the twelve (12) months preceding the claim, or (b) one hundred United States dollars (USD $100.00).
• The foregoing limitations shall apply regardless of the legal theory upon which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, and even if PTNW has been advised of the possibility of such damages.

11 Indemnification

You agree to indemnify, defend, and hold harmless PTNW and its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of or access to the Websites or Services; (b) your violation of this Agreement; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content or data you submit or transmit through the Websites.

12 Third-Party Links and Content

The Websites may contain links to third-party websites or services that are not owned or controlled by PTNW. PTNW has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that PTNW shall not be responsible or liable for any damage or loss caused by or in connection with the use of any third-party websites or services.

13 Export Compliance and International Use

PTNW operates internationally across multiple jurisdictions, including the United States, South Africa, Indonesia, and Colombia. You are responsible for ensuring that your use of the Websites and any products or services obtained through PTNW complies with all applicable local, national, and international laws and regulations, including export control laws and trade sanctions. You agree not to export or re-export any products, technology, or information obtained from PTNW in violation of any applicable export restrictions.

14 Termination

14.1 Termination by PTNW

PTNW may, at its sole discretion and without prior notice, suspend or terminate your access to the Websites and Services at any time and for any reason, including but not limited to a breach of this Agreement.

14.2 Termination by User

You may terminate this Agreement at any time by discontinuing your use of the Websites and Services. If you have an account, you may request account deletion by contacting PTNW at the contact information provided below.

14.3 Effect of Termination

Upon termination, your right to use the Websites and Services immediately ceases. Sections 5 (Intellectual Property), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), and 16 (Governing Law) shall survive termination.

15 Modifications to This Agreement

PTNW reserves the right to modify, update, or revise this Agreement at any time. Changes will be effective upon posting of the revised Agreement on the Websites, with an updated effective date. Your continued use of the Websites after any such changes constitutes your acceptance of the revised Agreement. We encourage you to review this Agreement periodically for updates.

16 Governing Law and Dispute Resolution

16.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

16.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to this Agreement shall first be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to mediation. If mediation is unsuccessful, the dispute shall be submitted to the exclusive jurisdiction of the courts of the Western Cape, Republic of South Africa.

17 General Provisions

17.1 Entire Agreement

This Agreement, together with any separate product or service agreements, purchase orders, and the Privacy Policy, constitutes the entire agreement between you and PTNW regarding your use of the Websites and supersedes all prior agreements and understandings.

17.2 Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

17.3 Waiver

The failure of PTNW to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of PTNW. PTNW may assign this Agreement without restriction.

17.5 Force Majeure

PTNW shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, labor disputes, power failures, internet disruptions, or supply chain disruptions.

17.6 Notices

All notices under this Agreement shall be in writing and shall be deemed given when delivered by email, personal delivery, or certified mail to the contact information provided below.