Acceptable Use Policy ("AUP")

Applicability

This Acceptable Use Policy (“AUP”) applies to all users of Semtech’s AirVantage® Managed Solutions: Broadband Access offering and any other services that reference this AUP in the applicable service contract (collectively the “Services”). This AUP is in addition to, and will not be considered to supersede or replace, the contract governing the Services (the “Service Contract”).

The Services were previously offered by Sierra Wireless under the “Managed Network Services” or “Managed Connectivity Solutions” brands and this AUP continues to govern any Services offered under such brands. Sierra Wireless was acquired by Semtech Corporation in January 2023. References to “Semtech” in this AUP refer to the Semtech affiliate that is providing the Services.

Prohibited Uses

The following uses of the Services are prohibited. The descriptions are illustrative and are not meant to be exhaustive.

1. Unlawful use: Using the Services in any manner that violates any applicable law, regulation or rule.
2. Harm to persons or property: Using the Services to harm or threaten harm to persons or property.
3. Harassment: Using the Services to harass any person.
4. Offensive materials: Using the Services to transmit information that is hateful, racist, sexist, discriminatory, defamatory or otherwise objectionable.
5. Unsolicited messages: Using the Services to transmit any unsolicited commercial messages or unsolicited bulk messages (whether by email, SMS or otherwise), or in any way that violates applicable anti-spam laws.
6. Fraudulent activity: Using the Services for any fraudulent purposes, including to advance any type of financial scam such as pyramid schemes, Ponzi schemes, unregistered sales of securities or securities fraud.
7. Forgery or impersonation: Using the Services in an effort to deceive or mislead any person, or to conceal the identity of any person for any unlawful or illegitimate purpose.
8. Infringing uses: Using the Services to infringe, misappropriate or violate any copyright, trademark, patent or other proprietary rights of any third party, including any unauthorized distribution of copyrighted material.
9. Privacy: Using the Services to collect or distribute personal information about third parties without their knowledge or consent, or in any way that violates applicable privacy laws.
10. Reselling the Services: Reselling the Services without Semtech’s authorization.
11. Third party access: Granting access to the Services to any unauthorized person, or sharing any access codes, passwords or log-in details with any unauthorized person. 
12. Public WiFi access: Using the Service to provide a WiFi network that is available to guests, customers or the general public, unless approved in writing by Semtech.
13. Unauthorized access: Using the Services to access, without authority, the accounts of others.
14. Network disruptions and unfriendly activity: Using the Services to conduct “denial of service” attacks or to violate the security of any network, service or system, or for any activity that adversely affects the ability of other people or systems to use the Services or any other network, service or system (including excessive consumption of network or system resources that Semtech deems to be excessive, whether intentional or unintentional).
15. High-data applications: Using the Services for high-data applications such as video conferencing, video streaming, music streaming or data backups to remote servers, unless such applications are approved in writing by Semtech.
16. Other devices: Inserting any SIM card provided by Semtech into any device not provided or approved by Semtech.
17. Viruses, malware and malicious code: Using the Services to transmit or disseminate any virus, malware, spyware or other malicious software code.
18. Facilitation and Attempts: Facilitating, encouraging, promoting or attempting any of the foregoing activities.

Semtech’s Rights

Unless otherwise specified in the Service Contract, Semtech may suspend or terminate the Services without notice if it becomes aware of, or has reason to suspect, any violation of this AUP. Semtech may also take other action as is reasonably required to address any actual or suspected violation of the AUP, including removing offending material, filtering content, denying access to specific users, capping usage and throttling access to the Services. Semtech may modify, reject or remove any information residing on or transmitted to its server that it believes to be in violation of this AUP.

In addition, any violation of this AUP will be a breach of the Service Contract, and Semtech may exercise any rights it may have for a breach of the Service Contract, and any other remedies available under applicable law.

Semtech will not generally monitor the private content transmitted by a user of the Services, except as is reasonably necessary to provide the Services or as may be required by applicable law. Semtech may conduct reasonable investigation of a user’s use of the Services (a) if required by law, (b) if Semtech has reasonable suspicion of a violation of this AUP, (c) if reasonably required to address an issue of public safety, or (d) if permitted by the Service Contract. Semtech may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged violation of this AUP.

The failure of Semtech to enforce this AUP, for whatever reason, will not be construed as a waiver of any right to do so at any time.

If any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

Amendments

This AUP may be amended from time-to-time without notice to users, and users are responsible for complying with the AUP, as amended.

Questions regarding this AUP should be sent to your Semtech account contact.

Last updated: Feb-15, 2024