Terms of Use,version August 11, 2005

Introduction

Please read this document carefully before accessing the content on this Web Site.

Through this Web Site ("Site"), Micronas provides you with a variety of resources, including software, technical specifications, data sheets and all kind of product information, communication forums, upload areas as well as other information and/or services related to Micronas products or services (collectively "Services"). The Services operated by Micronas and third parties through this Site, including any updates, enhancements, new features, and/or the addition of any new Site properties, are subject to the following terms and conditions and any changes to this document that Micronas may publish from time to time (collectively the "Terms of Use" or "TOU").

The TOU and any additional terms posted on this Site together apply to your access to, and use of, this Site and constitute the entire agreement between Micronas and you with respect to your use of this Site.

Acceptance

Before accessing the content of this Site you have to initially accept the TOU. By Clicking on the "Accept" button on this Site you expressly acknowledge that you have read, understood and agree to be bound by all terms and conditions contained and/or referenced herein. However, by accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you accept and agree to be bound, by these Terms of Use. We recommend to download and/or print out the TOU and read the provisions carefully before using this Site. You are not authorized to use this Site without acceptance of these terms and conditions. Your acceptance will be logged and your use of this Site will be monitored in accordance with the Micronas Privacy Policy. Further these terms do not alter in any way the terms or conditions of any other agreement you may have with Micronas. Other Micronas Web Sites may have their own terms of use which apply to such Web Sites. Such specific terms may be in addition to the TOU. To the extent that such specific terms are inconsistent with the TOU, they will supersede the TOU.

Micronas Right to change Terms/Services

Micronas may add, change, remove or update any part of the TOU at any time. Any changes to this TOU or any terms posted on this Site shall be effective as soon as they are posted. Micronas will display a clearly visible notice on the screen of the User when accessing to the Site ("Login") to inform the User about changes or amendments of the TOU after initial acceptance. You will be asked to expressly acknowledge by clicking on the "Accept" button that you have read, understood and agree to be bound by the new, revised or amended TOU. However, your continued access or use of this Site after any changes are posted shall be deemed your binding acceptance to those changes or amendments. You should therefore regularly check the TOU to ensure that you are aware of all Terms governing the use of this Site. The most current version of the TOU can be reviewed online by clicking on the "Terms of Use" Hyperlink located at this Site. If at any time the terms are no longer acceptable to you, you should immediately cease all access to and use of this Site.

Micronas reserves the right at any time to add, change, discontinue, remove or suspend any Services provided on this Site temporarily or permanently, without notice and without liability, at Micronas' sole discretion.

Use of this Site

The use of this Site is only permitted for business and/or educational, if agreed by Micronas, purposes. Private use is prohibited. If you cease to be officer, employee, agent or distributor of your Company ("Company"), you may not continue to use this Site. You are not allowed to use this Site for any purpose that is unlawful or prohibited by these terms and conditions or any other agreement. You may not use the Site in a manner that could damage, disable, overburden or impair any Micronas Server and/or Server of its affiliates or the network connected to these Servers. You may not attempt to gain unauthorized access to any Web Sites, other accounts, computer systems or networks connected to these Servers, through i.e. hacking, password mining or any other means.

This Site is published, maintained, operated and administered by Micronas, its subsidiaries and/or its affiliates at least in part on a server located in Germany. If you choose to access this Site from outside Germany, you do so on your initiative and are responsible for compliance with all applicable local laws. Micronas makes no representation that the Site, or the Services or Content available through it, are appropriate or available for use at other locations outside Germany, and access to them from territories where their contents might be illegal or prohibited.

Account Password and Security

To enjoy the benefits of this Site you have to register first. During the registration process some personal information will be collected. If you want to learn more about what personal information is collected and how Micronas uses this personal information please read the Micronas Privacy Policy. Micronas will ask for your name, email address, zip code, company name, department, postal address, country, phone and fax number. After signing-up a confirmation e-mail with activation instructions will be automatically generated and sent to you. Access is made available through a password and a User ID, which is your e-mail address ("Login"). The password is initially mailed to you. The password is encrypted. You may change it to your convenience, after you have logged in.

However some areas of this website and the materials, data and information provided thereon require express authorization and account set-up by Micronas before you are allowed to access, download or use. After registration and your successful verification the Micronas site coordinator will decide as it deems fit whether or not your account shall be activated. Once you have activated your account, the registration process is completed and you can login.

We recommend you, not to divulge your password to anyone. You are entirely responsible for any and all activities that occur under your account. You are not allowed to use an account other than your own account at any time. You agree to inform Micronas immediately of any unauthorized use of your account or any other breach of security. Micronas will not be liable for any loss that you may suffer as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Micronas or another party due to someone else using your account or password. You shall ensure that your user data is not accessible by third parties. In addition, you are liable for all downloads, transactions and other activities carried out under your account. . Without limiting other remedies, Micronas reserves the right to block or restrict access to and use of the Site at any time and for any reason whatsoever in its sole discretion. Upon such termination or suspension, your right to use the limited access Micronas web sites will immediately cease.

Personal Information and Data

To learn about how Micronas protects your personal information refer to the Micronas Privacy Policy that can be reviewed online by clicking on the "Privacy Policy" Hyperlink located at this Site. When you use the Site, Micronas will track your visit to this Site and the use of Services provided thereunder. Micronas may collect certain technical and routing information about your computer to facilitate your use of the Site and its services. Further Micronas Web servers automatically log your Login, the IP/Internet address of your computer and record all Content that has been downloaded or otherwise transmitted to or from your computer by filename, date and time of download (collectively the "Data"). Except as set forth in the Privacy Policy or in this TOU, your personal information and Data will be deemed to be confidential and not disclosed to any third party.

Ownership

Except as otherwise indicated all materials described or depicted on this Site, including but not limited to Software, Publications, Information and images (collectively "Content") as well as their selection and arrangement are protected by copyright, patent, trademark, trade secrets and/or other intellectual property rights of Micronas and/or its affiliates or other third party licensors.

Except as expressly provided, Micronas does not grant any express or implied license to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights. All rights not expressly granted herein remain reserved by Micronas and/or its affiliates or other third party licensors. The Content made available on the Site does not include the design or layout of the Micronas Site or any other Micronas owned, operated, licensed or controlled Web Site. Elements of the Micronas' Site are protected by trademark law, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Micronas Site may be copied or retransmitted unless expressly permitted by Micronas. You agree to comply with any additional copyright notices, information, or restriction contained in any Content and to respect the Intellectual Property Rights of third parties when using the Content made available on this Site. Neither copyright or proprietary notices, emblems nor any feature serving to identify the Content may under any circumstances be modified or removed and shall be retained on all reproductions.

Micronas reserves the right to terminate your license and any rights granted hereunder at any time in its sole discretion with immediate effect by giving notice to you.

YOU MAY NOT PUBLISH, BROADCAST, TRANSMIT, TRANSFER OR SELL, RENT, LEASE, LOAN, SELL, ASSIGN, DISTRIBUTE, LICENSE, SUBLICENSE, REPRODUCE, MODIFY, CREATE DERIVATIVE WORKS FROM, DECOMPILE OR DISASSEMBLE, DISTRIBUTE, PERFORM, DISPLAY OR IN ANY OTHER WAY EXPLOIT THE CONTENT OR MAKE IT AVAILBLE TO ANY THIRD PARTY, IN WHOLE OR IN PART, WITHOUT PRIOR WRITTEN CONSENT OF MICRONAS, EXCEPT AS EXPRESSLY PERMITTED BY THIS TOU OR ANY OTHER APPLICABLE LICENSE AGREEMENT.

Confidentiality

This Site may include the possibility to download data of proprietary nature including, but not limited to software (object and binary code versions), documentation, technical specifications, datasheets, written descriptions, drawings, samples, compositions, visual demonstrations, business secrets and other data or information relating thereto, including but not limited to chip architecture, technology, tools, and specifications hereinafter referred to as "Confidential Data". The Confidential Data may be identified and labeled on the Site as confidential. However, any data disclosed under password protection shall be prima facie considered as Confidential Data.

You agree to treat any Confidential Data downloaded from or through this Site as strictly confidential. You acknowledge to use such Confidential Data only for the purpose of your own internal evaluation or other use consistent with these Terms and Conditions, and will, except as provided otherwise in this agreement, not disclose such Confidential Data to third parties. You will at least apply the same degree of care to the downloaded Confidential Data as used for your Company own intellectual property, however in any case no less than reasonable care.

The access to this Site is password protected. We recommend you not to disclose your password to anyone. However, the password shall be disclosed only to officers or employees (referred to together as "Company Representatives") who have a valid need to know the Content including the Confidential Data. Company Representatives to whom the password is disclosed shall be bound similar to the provisions of these Terms and Conditions of Use prior to said disclosure.

Links

This Site may contain hyperlinks or references to other Internet Sites on the World Wide Web. These links are provided for your convenience only. As soon as you use these links you leave this Site. The linked sites are not under the control of Micronas and Micronas has not reviewed these Sites. Thus, Micronas is not responsible for the contents or for any form of transmission received from any linked Web Site or reference linked to or from this Site. Micronas disclaims all warranties, expressed or implied, and accepts no responsibility for the quality, nature, accuracy, reliability or validity of any content on any linked Web Site. Links from this Site to any other Web Site do not mean that Micronas approves of, endorses or recommends that Web Site.

Software available on this Site

Subject to the limitation of warranty and liability as set out down below, Micronas may provide you with software, tools and utilities (i.e. updates, patches, customer kits), including, without limitation to files, images incorporated in or generated by the software and data accompanying such software (collectively "Software") for use and/or download. Software made available to download is subject to intellectual and other property rights of Micronas and its third party licensors. Micronas hereby grants the User the non-exclusive, non-transferable, revocable, limited right to download, use and copy the Software for internal evaluation only within the limits of the TOU.The Software made available for downloading from or through this Site can be subject to other License Agreements, such as e.g. Development or Production License Agreements. Such License Agreements and the rights granted thereunder will remain unaffected. The specific terms of the applicable License Agreements may be in addition to this TOU. To the extent that such specific terms are inconsistent with the TOU, they will supersede the TOU. Except as expressly otherwise set forth in a applicable License Agreement and in addition to any other obligation hereunder, you are not permitted to

  • use the Software for the benefit of third parties, or allow third parties to use the Software; nor to
  • disclose the Software to any third parties; nor to
  • disassemble, decompile or reverse engineer any part of the Software provided in object code and/or binary code form, for the purpose of obtaining an independent source code listing of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; nor to
  • make any other attempt to obtain an independent source code listing of the Software, provided in object code and/or binary code form, nor to
  • delete any copyright, proprietary or other notice supplied by Micronas in the code of all versions of the Software in any format, nor to
  • rent, lease, sell, distribute the Software or copies thereof in any code form to any third party or otherwise dispose of the Software or copies thereof without written permission by Micronas.

WITHOUT LIMITING THE FOREGOING, COPYING, STORAGE OR REPRODUCTION OF THE SOFTWARE TO ANY RETRIEVAL SYSTEM, NETWORK STORAGE DEVICE, SUCH AS A SERVER COMPUTER OR OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH STORAGE, REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THESE TERMS OF USE OR OTHER LICENSE AGREEMENTS APPLICABLE TO SOFTWARE AVAILABLE ON THIS SITE.

 

Publications available on this Site

Subject to the limitation of warranty and liability as set out down below, Micronas provides you with product information, including but not limited to documentation, technical specifications, data sheets and any supplements hereto and with other non-product related documents or printouts in any form (collectively "Publications"). The Publications made available to download are subject to intellectual and other property rights. Micronas hereby grants the User the non-exclusive, non-transferable, revocable, limited right to download, use and copy (i.e. electronically copy and print hard-copy excerpts) the Publications, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appears, (2) use of such Publications made available on the Site is solely for use within the limits of the TOU, especially the business purpose of this Site as set out above and will not be copied or posted on any network computer, stored in a retrieval system or broadcasted in any media, (3) the use is within the limits defined by the TOU and (4) no modifications of any Publications are made.
The Publications made available for downloading from or through this Site can be subject to other License Agreements. Such License Agreements and the rights granted thereunder will remain unaffected. The specific terms of the applicable License Agreements may be in addition to this TOU. To the extent that such specific terms are inconsistent with the TOU, they will supersede the TOU.
THE PUBLICATIONS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL OR FACTUAL INACCURACIES OR TYPOGRAPHICAL ERRORS, FOR WHICH WE APPOLIGIZE, HOWEVER WE HAVE TO DISCLAIM ANY RESPONSIBILITY IN CONNECTION THEREWITH, WHETHER UNDER CONTRACT OR UNDER TORT. MICRONAS AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PUBLICATIONS AT ANY TIME.

Information available on this Site

For your convenience, Micronas may from time to time make available as part of this Site product related Information and data as well as other information, including but not limited to marketing information, order confirmation, volume of orders and order forecasts, delivery information, open accounts and current payments, quality reports and customer complaints, news, special reports and additional information about Micronas (collectively "Information"). Subject to the limitation of warranty and liability as set out down below, all Information is provided for informational and business purposes within the limits of the TOU, without any commitment and are under no circumstances to be considered as an offer for conclusion of a contract. Product availability and delivery are exclusively subject to our respective order confirmation form; the same applies to orders based on development samples delivered.
Neither Micronas, nor its affiliates or any of its Information suppliers shall be liable for any errors or delays in posting the Information, or for any actions taken in reliance thereon.

Submissions

Micronas does not claim ownership of the Content, including without limitation to Software, Publications, Information, questions, feedback, suggestions, ideas, notes and any other information or material (collectively "Submissions") provided to Micronas in the form of posting, uploading, inputting, transmitting, providing or submitting ("Posting"). However, by posting, you are granting Micronas and/or its affiliates and its sublicensees the non-exclusive, transferable, irrevocable, world-wide, royalty free right to use your submission, including without limitation, the license rights for the purpose of use on this Site, including, but not limited to, the right to: copy, distribute, transmit, publicly display, post on this Site, reproduce, edit, modify, translate and reformat your submission and the right to sublicense such rights to (i) Users of this Site or to (ii) Users of related Micronas Workgroups hereto and to (iii) any supplier of Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Micronas is under no obligation to post or use any Submission you may provide and Micronas may remove any Submission at any time at its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this TOU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

You agree to indemnify Micronas against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights due to your submissions.We undertake no duty to determine the validity of any claim of copyright. Notification of claimed copyright infringement should be sent via e-mail to info@micronas.com. Upon receiving a notice that any item posted on this Site is believed to infringe a copyright or other proprietary right, we will remove said work and will not permit its re-posting. We make no warranty as to the accuracy, operability, or fitness for any particular purpose of any submission posted to this Site, and will assume no liability for any losses or damages alleged to arise from use of or reliance on such software.

Forums/Interactive Areas

This Site may include discussion forums or other interactive areas. You agree not to upload to, distribute or otherwise publish through this Site any content which is unlawful, libelous, defamatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any national or supranational law. On this Site you shall not, without the express written approval of Micronas, distribute or publish promotions, advertising or solicitations for funds, goods or services. You shall remain solely liable for the content of any messages or other information posted by you on this Site, and Micronas takes no responsibility and assumes no liability for the content of posted or uploaded material.

Micronas may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post Submissions, including but not limited to discussion forums or other interactive areas and (ii) the substance of any Submission. Although it is not Micronas intention to do so, Micronas reserves the right, in its sole discretion, to delete or remove Submissions or any other content available through Forums/Interactive Areas and to restrict, suspend, or terminate your access to all or part of this Site, at any time if Micronas have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition Micronas reserves the right, in its sole discretion, to remove, edit or to block or restrict future access to any material posted by you that is determined to be unlawful, harmful, offensive or otherwise inappropriate.

Disclaimer of Warranties and Damages

THIS SITE (INCLUDING ALL CONTENT, SERVICES, FUNCTIONS AND OTHER MATERIALS OR INFORMATIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE OR ANY EXTERNAL WEBSITE LINKED TO THIS SITE ARE PROVIDED "AS IS." THE ENTIRE RISK AS TO THE ACCURACY, COMPLETENESS, OPERABILITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. EXCEPT AS EXPRESSLY WARRANTED IN ANY OTHER APPLICABLE LICENSE AGREEMENT, MICRONAS DISCLAIMS ALL WARRANTIES EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT ON THIS SITE OR THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.

FURTHER MICRONAS DOES NOT WARRANT THAT THE SOFTWARE MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE IS EXEMPT FROM ERRORS, THAT ALL ERRORS MAY BE DETECTED OR CORRECTED OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. MICRONAS MAKES NO REPRESENTATIONS, AND GIVES NO WARRANTIES THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, REGARDLESS WHETHER YOU HAVE BEEN INFORMED OF SUCH THIRD PARTY RIGHTS OR NOT.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO MICRONAS ORDINARY NEGLIGENCE, SHALL MICRONAS AND/OR ITS AFFILIATES, INCLUDING ITS OFFICERS, ITS EMPLOYESS AND/OR OTHER THIRD PERSONS MENTIONED AT THIS SITE, BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING THE LOSS OF USE, THE LOSS OF PROFITS, OR LOSS OF DATA, RELATED TO (1) THE USE OF, (2) THE INABILITY TO USE OR (3) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF MICRONAS OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL MICRONAS AND/OR ITS AFFILIATES TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE), EXCEED EUR 25.000,- (TWENTY FIVE THOUSAND).

ANY ACTION BROUGHT AGAINST MICRONAS PERTAINING TO OR IN CONNECTION WITH THIS SITE MUST BE COMMENCED AND NOTIFIED TO MICRONAS IN WRITING WITHIN SIX (6) MONTHS AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Indemnification

You agree to indemnify, defend and hold Micronas and/or its affiliates and all of its agents, directors, employees, licensors and licensees (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of (i) your use of this Site, (ii) your Submissions to this Site, or (iii) any breach by you of the TOU or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in Micronas defense of any claim. Micronas and/or its affiliates reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Micronas.

Copyright Notice

Copyright © 2002 - 2005 Micronas. All rights reserved.

Applicable Law/Jurisdiction

THE TOU SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE SWITZERLAND, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAW PROVISIONS. BY ACCESSING OR USING THIS SITE YOU ACKNOWLEDGE TO BE BOUND BY THIS TOU AND ALL APPLICABLE LAWS AND REGULATIONS.

YOU ALSO AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COMPETENT COURTS OF FREIBURG, GERMANY WITH RESPECT FOR ANY SUIT, CLAIM, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS, PROVIDED THAT SUCH EXCLUSIVITY DOES NOT APPLY TO LEGAL ACTIONS INITIATED OR BROUGHT BY MICRONAS AND/OR ITS AFFILIATES.

Termination

If you breach any of the Terms of Use or you cease to be officer, employee, agent or distributor of the Company or shall no longer be deemed as Company representative for any other reason your authorization to use this Site and all rights granted under this Agreement shall terminate automatically. In case of a termination for breach all and any Materials, including but not limited to Software or Publications downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

You have the right to terminate this TOU at any time on regular notice. The notification shall be directed via e-mail to info@micronas.com. However, the obligation to maintain confidentiality of Confidential Data as stated in this TOU will remain in force for a period of three (3) years after its termination.

Notwithstanding the above conditions, Micronas reserves the right, without prior notice and in its sole discretion to revoke the authorization to view, download and print the Content available on this Site or parts thereof and to block or restrict future access to and use of this Site at any time.

General Provisions

any of the provisions of the TOU shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity, legality and enforceability of any other provision. In the place of the invalid provision, a valid provision is presumed to be agreed upon by the parties, which comes closest to the one actually agreed upon; the same shall apply in case of an omission. The failure of Micronas to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed to by Micronas in writing.

For comments about this Site and feedback you can contact us via e-mail to info@micronas.com. Technical questions can be directed to webmaster@micronas.com . Other communications should be directed as indicated on the Site.

Last update: August 11, 2005

Terms of Use (PDF, 73 kB)