ViperTx that is the only way I can figure it as a 5 way switch. To me it is a switch!

I don't really see how it could be a 5 way since any movement of the switch in any direction breaks contact and opens the circuit.
Now that I think of it, 3 contact legs, plus true vertical movement would only be 4 way, unless of course you think like me, and then it's just a switch!
Mike