Avaya Names Shefali Shah as Chief Administrative Officer
06 Dec 2017
Santa Clara, Calif. – December 6, 2017 – Avaya today announced the appointment of Shefali Shah as senior vice president, chief administrative officer and general counsel for Avaya, effective December 18, 2017. She will be responsible for the worldwide law department and global human resources organization and will serve on the company’s Executive Committee.
Ms. Shah joins Avaya from Era Group, one of the largest helicopter operators in the world, where she served as SVP, general counsel, and corporate secretary. She facilitated Era’s transition to an independent public company and managed its legal, human resources benefits and corporate communications functions. Previously, Ms. Shah held several senior management roles, including senior vice president, general counsel and corporate secretary with Comverse Technology, Inc., which developed and marketed telecommunications software. She began her legal career as a corporate associate for each of Weil, Gotshal & Manges LLP and Hutchins, Wheeler & Dittmar, P.C.
“Shefali is a great addition to our leadership team. Her success in helping several companies navigate the transition from private to public will be a big asset to Avaya, which is now making the same transition,” said Jim Chirico, president and chief executive officer, Avaya. “She also has a strong background in mergers and acquisitions and experience managing both legal and human resources organizations. We’re thrilled to welcome her, and know she will help drive the best results possible for our customers.”
“This is an exciting time at Avaya as it writes the next chapter of its remarkable story,” said Ms. Shah. “I am proud to join this leadership team and to do my part to help position the company for long-term success.”
Shah holds a B.S. in Business Administration from Boston University as well as a J.D. from Duke University Law School.
Avaya enables the mission critical, real-time communication applications of the world’s most important operations. As the global leader in delivering superior communications experiences, Avaya provides the most complete portfolio of software and services for contact center and unified communications— offered on premises, in the cloud, or a hybrid. Today’s digital world requires communications enablement, and no other company is better positioned to do this than Avaya. For more information, please visit www.avaya.com.
Cautionary Note Regarding Forward-Looking Statements
This document contains certain “forward-looking statements.” All statements other than statements of historical fact are “forward-looking” statements for purposes of the U.S. federal and state securities laws. These statements may be identified by the use of forward looking terminology such as "anticipate," "believe," "continue," "could," "estimate," "expect," "intend," "may," "might," “our vision,” "plan," "potential," "preliminary," "predict," "should," "will," or “would” or the negative thereof or other variations thereof or comparable terminology and include, but are not limited to, expected cash savings and statements about growth, exchange listing and improved operational metrics. The Company has based these forward-looking statements on its current expectations, assumptions, estimates and projections. While the Company believes these expectations, assumptions, estimates and projections are reasonable, such forward-looking statements are only predictions and involve known and unknown risks and uncertainties, many of which are beyond its control. These factors are discussed in the Company’s Registration Statement on Form 10 filed with the Securities and Exchange Commission, may cause its actual results, performance or achievements to differ materially from any future results, performance or achievements expressed or implied by these forward-looking statements. For a further list and description of such risks and uncertainties, please refer to the Company’s filings with the SEC that are available at www.sec.gov. The Company cautions you that the list of important factors included in the Company’s SEC filings may not contain all of the material factors that are important to you. In addition, in light of these risks and uncertainties, the matters referred to in the forward-looking statements contained in this report may not in fact occur. The Company undertakes no obligation to publicly update or revise any forward-looking statement as a result of new information, future events or otherwise, except as otherwise required by law.
TRIAL AGREEMENT FOR AVAYA COLLABORATORY
v. 1.0 January 27, 2018
"TRIAL CUSTOMER," "YOU", OR "YOUR" AS REFERENCED HEREIN MEANS THE LEGAL ENTITY WHICH IS ACCEPTING THIS TRIAL AGREEMENT, PLACING AN ORDER UNDER THIS TRIAL AGREEMENT, OR IS DOWNLOADING, ACCESSING OR USING THE SOFTWARE AND SERVICES (OR HAS PERMITTED SOMEBODY TO DO SO ON ITS BEHALF).
YOU REPRESENT THAT YOU ARE A CORPORATION, COMPANY OR OTHER BUSINESS ENTITY, AND NOT A CONSUMER, AND THAT YOU HAVE AUTHORIZED THE PERSON ACCEPTING THIS TRIAL AGREEMENT TO BIND YOU TO THIS TRIAL AGREEMENT. THE PERSON ACCEPTING THIS TRIAL AGREEMENT ON YOUR BEHALF REPRESENTS THAT HE OR SHE HAS READ THE TRIAL AGREEMENT DOCUMENTS IN FULL AND HAS FULL LEGAL AUTHORITY TO LEGALLY BIND YOU TO THIS TRIAL AGREEMENT. SUCH PERSONâS ONLINE ACCEPTANCE OF THIS TRIAL AGREEMENT WILL HAVE THE SAME LEGAL EFFECT AS IF YOU WERE PROVIDING A HANDWRITTEN SIGNATURE OF ACCEPTANCE. IF SUCH PERSON DOES NOT HAVE SUCH AUTHORITY OR IF YOU DO NOT WISH TO BE BOUND BY THIS TRIAL AGREEMENT, SELECT THE "I DECLINE" BUTTON AT THE END OF THIS TRIAL AGREEMENT. OTHERWISE, SELECT THE "I ACCEPT" BUTTON AT THE END OF THIS TRIAL AGREEMENT TO SIGNIFY THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS TRIAL AGREEMENT. YOU MAY PRINT A COPY OF THIS TRIAL AGREEMENT BY SELECTING THE "PRINT" BUTTON AT THE END OF THIS AGREEMENT. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE YOU EITHER SELECT THE "I ACCEPT" BUTTON OR ACCESS OR USE THE AVAYA SOFTWARE OR HOSTED SERVICES.
YOU RECOGNIZE AND AGREE THAT THE SOFTWARE AND SERVICES ARE FOR BUSINESS USE AND NOT FOR CONSUMERS, AND YOU REPRESENT AND WARRANT THAT YOU WILL USE THE SOFTWARE AND SERVICES FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY, HOUSEHOLD, OR ANY OTHER CONSUMER PURPOSE.
Avaya and its licensors reserve and retain all right, title, and interest in the Hosted Services and any and all software, products and services that are included in the Hosted Services, including, but not limited to, any and all modifications and derivative works made thereto. Avaya hereby grants You a limited, non-exclusive, non-transferable, royalty-free right to access and use the Hosted Services during the Trial Period (defined below) solely for Your internal evaluation purposes only and only for use in a non-production environment. You shall not reverse engineer, decompile, sublicense, lease, assign, copy, modify, merge or transfer the Hosted Services or any Avaya software or code.
Trial Customer may internally trial the non-production version of the Hosted Services from the United States only for a period of up to 90 days from the date when Avaya enables access to the Hosted Services or otherwise makes the Hosted Services or its software available to You, unless that time period is modified in writing by Avaya at its discretion ("Trial Period"). This trial is for Your internal review only, and You may not offer the Hosted Services to any End User or other party during the Trial Period. Upon expiration of the 90 day trial period or any extension thereof, You shall cease use of the Hosted Services, return all software to Avaya, and irretrievably delete all software from your systems. Upon request, a duly authorized representative of Trial Customer will certify such destruction to Avaya. Avaya may share such certification with applicable suppliers whose software is part of the Hosted Services.
Avaya provides the Hosted Services "AS IS" for non-production use only without any warranties, express or implied, and without any promise to enter into a definitive agreement with You for the purchase or license of the Hosted Services. Use of the Hosted Services is at Your own risk, and You understand and agree that if the Hosted Services do not operate as expected, or if Avaya so chooses, Avaya reserves the right to end the Hosted Services trial without liability to Avaya. Either party, without any liability to the other, may terminate this trial early.
AVAYA DISCLAIMS ALL EXPRESS, STATUTORY, IMPLIED OR OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
AVAYA AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THIS TRIAL AGREEMENT OR USE OF HOSTED SERVICES, OR FOR THE LOSS OR CORRUPTION OF DATA, INFORMATION OF ANY KIND, BUSINESS, PROFITS, OR OTHER COMMERCIAL LOSS, HOWEVER CAUSED, AND WHETHER OR NOT AVAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL AVAYA'S OR ITS SUPPLIERâS TOTAL LIABILITY TO TRIAL CUSTOMER IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THIS TRIAL AGREEMENT OR THE HOSTED SERVICES EXCEED FIVE HUNDRED DOLLARS ($500). THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED IN THIS TRIAL AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
FOR PURPOSES OF THIS TRIAL: (i) THE HOSTED SERVICES ARE NOT A TELECOMMUNICATIONS SERVICE; (ii) THE HOSTED SERVICES MAY NOT BE CONNECTED TO THE PUBLIC TELEPHONE NETWORK; (iii) THE TRIAL CUSTOMER MAY NOT USE CONFIDENTIAL, PERSONAL, PERSONALLY IDENTIFIABLE, PRIVATE, OR PERSONAL HEALTH INFORMATION WHEN USING THE HOSTED SERVICES; (iv) THE HOSTED SERVICES MAY NOT BE USED FOR ANY HIGH RISK ACTIVITIES; AND, (v) TRIAL CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT THE HOSTED SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR COMMUNICATIONS OF ANY NATURE TO ANY TYPE OF EMERGENCY SERVICES OF ANY KIND, INCLUDING 911 AND E911 SERVICE OR SUCH SIMILAR SERVICES WHICH MAY BE LIMITED OR UNAVAILABLE. AVAYA IS NOT LIABLE IN ANY MANNER FOR TRIAL CUSTOMERâS USE OF THE HOSTED SERVICES IN VIOLATION OF THIS PARAGRAPH.
You shall observe all applicable laws and regulations when accessing and/or using the Hosted Services or any content of the Hosted Services, including, but not limited to, any export and import laws and/or regulations.
Because Avaya provides the Hosted Services to You as a trial, Your feedback will be essential to Avaya. Avaya will contact You periodically for Your feedback and You will provide feedback to Avaya. Any feedback You provide will become the property of Avaya, without any payment or other conditions owed to You. By signing below, You hereby assign to Avaya all right, title, and interest in and to such feedback. Avaya cannot promise to implement any of Your feedback in any future releases of the service.
Avaya and its suppliers reserve and retain all right, title, and interest in the Avaya Hosted Services, trial or otherwise. You must maintain the confidentiality of any information Avaya provides regarding the Hosted Services and any conversations Avaya has or other information Avaya exchanges about the Hosted Services, including Your feedback and comments ("Confidential Information"). You may not disclose to any third party, or provide or enable access to the Hosted Services or any other Confidential Information, by any third party. By signing below, You agree to take all reasonable precautions to protect Avayaâs Confidential Information, and Avaya will also take all reasonable precautions to protect any confidential information You share with us in connection with this Hosted Services, which, at the time of disclosure, is designated as confidential.
YOU SHALL DEFEND, HOLD HARMLESS, AND INDEMNIFY AVAYA AND ITS AFFILATES FROM AND AGAINST ANY DAMAGES AND LOSSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND ATTORNEYSâ FEES, IN CONNECTION WITH ANY THIRD PARTY CLAIMS OR ACTIONS BROUGHT AGAINST AVAYA AND/OR ITS AFFILIATES AS A RESULT OF OR RELATED TO YOUR USE OF THE HOSTED SERVICES OR ANY FAILURE BY YOU TO COMPLY WITH THIS TRIAL AGREEMENT.