Agreement to be Bound.
By accessing a site, continuing to access a site, or downloading
materials from a site, you agree to abide by the terms of use
described in this notice. If you do not agree to abide by these
terms of use, do not use a site or download materials from a
site.
General Information.
These are the legal notices and terms of use and the privacy policy that apply to the
domain(s) below. We refer to the website(s) accessible through the
domain(s) and all related websites as “sites” and to
each of them as a “site.”
si-micro.com
When we refer to “we,” “us,” or
“our,” we mean Silicon Microstructures, Inc., a
California corporation, or the specific division, subsidiary, or
affiliate that operates a site, provides its content, or processes
information received through it, each as appropriate and
applicable.
When we refer to “you” or “your,” we
mean the person accessing the site. If the person accessing the
site does so on behalf of, or for the purposes of, another person,
including a business or other organization, “you” or
“your” also means that other person, including a
business organization.
Legal Notices and Terms of Use
Copyrights and Other Intellectual Property.
This site is © 2004-2007 by us and we reserve all rights.
You may inquire about rights to reproduce content from this site by
e-mailing us using the technical support e-mail address below.
ALL RIGHTS IN ALL MATERIALS POSTED ON SITES EITHER BELONG TO US
OR ARE LICENSED BY US WITH THE RIGHT TO SUE AND OTHERWISE ENFORCE
INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY
ANY MATERIAL FROM ANY SITE WITHOUT OUR EXPRESS PERMISSION IN FOR
FORM OF A RECORD SIGNED BY US.
Limited License.
Subject to these terms of use, we grant to you a non-exclusive,
non-transferable, limited right to access the sites and the
materials thereon. You may use the sites for informational purposes
and in connection with the purchase of products or services from
us.
No Interruption.
You agree not to interrupt or attempt to interrupt the operation
of any site in any way.
Use of Materials.
We authorize you to view and download materials from the sites
only for your use in connection with the purchase or evaluation of
our products and services or in the exercise of any membership
rights described in a site. This authorization is not a transfer of
any rights in the materials other than those expressly granted. Any
copies you make of the materials (including by printing or by
retaining electronic copies) are subject to the following
restrictions.
(1) You may not remove, or disassociate, from any of the
materials any copyright or other proprietary notices contained in
the materials;
(2) You may not modify, reproduce, display, perform, distribute,
prepare derivative works from, or otherwise use the materials for
any purpose not expressly permitted by these terms of use; and
(3) You may not transfer the materials to any other person.
Information Posted on the Site
Except as expressly requested in a site, you should not provide
to us any information that you do not want published on a site or
presented to other users of a site. To the extent that you provide
to us any information by posting it on the site or submitting to us
any information for posting on the site (including text, graphic
materials, audio, or any other materials):
(1) You represent and warrant to us and to all others that
access any site that you own, or possess sufficient rights in, all
such information and all such parties may regard such information
as publicly disclosable and, in any case, not your confidential
information;
(2) You represent and warranty that you have the authority to
grant to us the right to use the likeness of any person appearing
in any graphic material in the commercial promotion of our products
and/or services and you grant to us that right;
(3) You grant to us an exclusive, irrevocable, worldwide,
fully-paid, royalty-free license to use, reproduce, display,
publicly perform, prepare derivative works from, transmit and
distribute such information as we see fit;
(4) You grant to us the right to sue or to otherwise enforce all
intellectual property rights in such materials (including the right
to sue for past infringement) including, without limitation any
user of a site or other person who copies, replicates, duplicates,
or windows any such materials; and
(5) We are free to use any ideas, concepts or know-how contained
in such information without any compensation or remuneration to
you.
CAN-SPAM, Telephone Consumer Protection Act and Similar
Law.
Your use of a site establishes a business or other applicable
relationship with us for purposes of CAN-SPAM, the Telephone
Consumer Protection Act, and all other applicable law that
addresses unsolicited commercial communications. By accessing, or
continuing to access, this site, you agree that we or our agents
may call, e-mail, or otherwise communicate with you regarding
promotion of the sale, lease, or exchange of goods, services, real
property, or any other thing of value.
Misuse of the Sites.
You may not make any statements on, or provide or post any
information to, a site that is defamatory, threatening, obscene,
harassing, or otherwise unlawful, or that, without due
authorization, incorporates the proprietary material of
another.
Disclaimer of Warranties.
THE SITES AND ALL MATERIALS AVAILABLE ON OR THROUGH THEM ARE
PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. WE
FURTHER DISCLAIM ALL IMPLIED WARRANTIES AS TO INFRINGEMENT OR
MISAPPROPRIATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE.
Revisions to Terms of Use.
We reserve the right, at our sole discretion and without any
notice, to change, modify, add, or remove any portion of these
terms and conditions at any time. Changes in these terms and
conditions will be effective when the revised terms and conditions
are posted. Your use or continued use of any site after any changes
to these terms and conditions are posted will be considered
acceptance of those changes. READ THESE TERMS AND CONDITIONS AND
THE RELATED PRIVACY INFORMATION EVERY TIME YOU ACCESS ANY SITE TO
MAKE SURE THAT YOU CONTINUE TO AGREE TO THEIR TERMS.
Changes to the Site.
We may terminate, change, suspend, or discontinue any aspect of
any site, including the availability of any features of any site,
at any time. We may also impose limits on certain features and
services or restrict your access to parts or a site or one or more
entire sites without notice or liability. We may terminate the
authorization, rights, and license given above and, upon such
termination, you will immediately destroy all materials that you
obtained from or through the site and that are in your possession
or control.
International Users.
The site is controlled, operated and administered by us or our
agents from offices within the United States of America and/or the
Federal Republic of Germany. We make no representation that
materials at this site are appropriate or available for
transmission to or from, or use in, locations outside of the
jurisdiction(s) stated above and accessing any site from any
jurisdiction where such site’s contents are illegal is
prohibited. You may not use the site or export the materials in
violation of import or export laws and regulations. If you access a
site from a location outside of the United States, you are
responsible for compliance with all local laws.
Choice of Law, Jurisdiction, and Venue.
The laws of the State of California and the federal laws of the
United States (without regard for choice of law rules) govern these
terms of use, the privacy policies, and performance under them. Any
suit or other action arising out of, or in any way connected with,
your use of any site may be brought only in the courts of the State
of California sitting in Santa Clara County, California or in the
United States District Court for the Northern District of
California. You irrevocably consent to the jurisdiction and venue
of such courts.
Limitation of Actions.
You must commence any suit or other action in connection with
your use of any site within one year after events giving rise to
the claim or cause of action occur.
Partial Invalidity.
If, for any reason, a court of competent jurisdiction finds any
provision of these terms of use or any privacy policy, or portion thereof, to
be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of these terms of use
and the privacy policy, and the
remainder of these terms of use and the privacy policy shall continue in full
force and effect.
Responsibility for Username and Password
We may provide to you a username and a password to use in
accessing one or more sites. Until you notify us otherwise and we
have had a commercially reasonable time to respond to your notice,
we may, and will, assume that every transaction entered into, every
authorization received, and every act or omission undertaken using
your username and password are fully authorized by you. Except to
the extent that your password or account are compromised by our
gross negligence, you are entirely and absolutely responsible for
all activity performed using your username and password. KEEP YOUR
PASSWORD CONFIDENTIAL. DO NOT WRITE IT DOWN. CHANGE IT OFTEN. DO
NOT USE COMMON WORDS OR NAMES OF PETS, FAMILY MEMBERS CELEBRITIES,
OR OTHER WORDS THAT ARE EASILY GUESSED.
Other Provisions
Certain areas and features of sites contain terms and conditions
specific to those areas and features. Such terms and conditions are
in addition to these terms and conditions and prevail over these
terms and conditions and the privacy
policy only to the extent it is not possible to construe these
terms or the privacy policy
consistently with such other terms and conditions.
Limitation of Liability
Without affecting any other limitation of liability contained in
these terms of use or otherwise, IN NO EVENT WILL WE BE LIABLE FOR
ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING
OUT OF OR RELATING TO THE USE OR INABILITY TO USE ANY SITE OR ANY
SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND
PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES
WILL OUR AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN
CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU TO
US.
Last revised as of 14 May 2007.