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Xyron Web Site - Terms of Use

 

Please Read Carefully Before Using This Website

1. Acceptance of Terms
Xyron Corporation, doing business as Xyron Semiconductor (“XYRON SEMICONDUCTOR”) provides the materials on this website (the “Site”) as a service for its users. By using this Site, you agree to be bound by the following terms and conditions. If you do not agree to these terms and conditions, please do not use this Site.

Although you may bypass the Terms of Use on occasion, your use of this Site binds you to these terms. XYRON SEMICONDUCTOR may amend or modify these Terms of Use or impose new conditions at any time without notice. Since your access to or use of the Site binds you to these Terms of Use, you should re-visit this Notice of Terms of Use periodically to review the terms of your use.

2. General Use Restrictions
The Materials on this Site are protected by copyrights, trademarks, trade secrets or other proprietary rights of XYRON SEMICONDUCTOR and its respective manufacturers, authors, developers and/or vendors (“Third Party Provider”). Except as provided below, you may not reproduce, distribute, download, transmit, display or “mirror” any of the Materials on this Site without the express prior written permission of XYRON SEMICONDUCTOR or the respective Third Party Provider of the Materials.

You may print, reproduce or download the content, text, graphics, advertising, information or other materials (“Materials”) on this Site solely for your own personal, non-commercial use on a single computer, provided that: (i) you include the copyright or other proprietary notices that appear on the Materials, and (ii) you do not modify the Materials. If you breach any of these Terms of Use, your authorization to use this Site will automatically terminate without notice and you must immediately destroy or delete all Material obtained from this Site.

Except as expressly provided, XYRON SEMICONDUCTOR does not grant any express or implied license to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights.

3. Communications From You To The Site
All communications from you to the Site will be considered non-proprietary and non-confidential. XYRON SEMICONDUCTOR shall have no obligations of any kind regarding such communications and is permitted to use and disclose such communications for any purpose without restriction. You are solely responsible for your communications including, without limitation, their legality under all laws and regulations.

4. Links To Other Sites
The Site may provide links to other websites or resources over which XYRON SEMICONDUCTOR does not have control (“External Websites”). XYRON SEMICONDUCTOR provides these links solely for the convenience of its users. If you decide to link to an External Website, you do so entirely at your own risk. By using this Site, you acknowledge and agree that XYRON SEMICONDUCTOR is not responsible for the availability, content, advertising, products, information and Materials of such External Websites, and does not endorse such External Websites.

5. Web Trends Live
WebTrends Live is used to analyze traffic to this web site. WebTrends Live does not create individual profiles for visitors. Unlike some tracking services WebTrends Live does not have a database of individual profiles for each visitor. WebTrends Live only collects aggregate data. For more about WebTrends Live privacy policy, please click here.

6. Disclaimer of Warranty
THE SITE IS PROVIDE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. XYRON SEMICONDUCTOR DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY OF THE MATERIALS ON THIS SITE OR ANY EXTERNAL WEBSITE LINKED TO THIS SITE. XYRON SEMICONDUCTOR TAKES NO RESPONSIBILITY FOR VIRUSES OR OTHER DESTRUCTIVE OR INTRUSIVE COMPUTER PROGRAMS THAT MAY DAMAGE YOUR COMPUTER SYSTEM OR DATA, RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE OR ANY EXTERNAL WEBSITE LINKED TO THIS SITE. XYRON SEMICONDUCTOR EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH XYRON SEMICONDUCTOR MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE.

7. Limitation of Liability
NEITHER XYRON SEMICONDUCTOR NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEBSITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, WHETHER OR NOT XYRON SEMICONDUCTOR WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification
You agree to defend, indemnify and hold XYRON SEMICONDUCTOR and its affiliates, representatives, partners, agents and employees harmless from all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Site or your transmission of communications or Materials from the Site.

9. Trademarks
“Xyron Semiconductor,” the Xyron Semiconductor logo, “Software in Hardware,” “Software in Silicon,” “Zero Overhead Interrupt,” “ZOI,” “Zero Overhead Task Switch,” “ZOTS,” “Concurrent Operating Multi-task Pipeline Optimaization Controller,” “COMPOC,” “Nothing Works Better,” “hardware Real Time Operating System,” and “hwRTOS,” represent a partial list of the registered trademarks, trademarks, service marks, brands, names, logos, and designs (“Trademarks”) of Xyron Corporation or its subsidiaries in the United States and/or other countries. The Trademarks of XYRON SEMICONDUCTOR or others used on this Site are the property of XYRON SEMICONDUCTOR or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of XYRON SEMICONDUCTOR or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks.

The trademarks listed below are the property of their respective owners:

Trademark
Owner

MIPS, MIPS R3000
MIPS Technologies, Inc.
Xilinx, Virtex
Xilinx, Inc.


10. Product Information
XYRON SEMICONDUCTOR products are protected under U.S. and international patents. XYRON SEMICONDUCTOR does not represent that products described on the Site are free from patent infringement or from any third-party right.

The specifications and information described on the Site are subject to change without notice.

XYRON SEMICONDUCTOR reserves the right to discontinue any product or service without notice and assumes no obligation to correct any errors contained herein or to advise any user of this document of any correction if such be made. XYRON SEMICONDUCTOR recommends its customers obtain the latest version of the relevant information to establish, before ordering, that the information being relied upon is current.

XYRON SEMICONDUCTOR warrants performance of its products to current and applicable specifications in accordance with its standard warranty. Testing and other quality control procedures are performed to the extent XYRON SEMICONDUCTOR deems necessary. Specific testing of all parameters of each product is not necessarily performed, unless mandated by government requirements.

XYRON SEMICONDUCTOR assumes no liability for applications assistance, customer's product design, software performance, or infringements of intellectual property rights arising from the use of the products and services described herein.

XYRON SEMICONDUCTOR products are not designed, intended, authorized, or warranted for use as components in systems intended for surgical implant in the body, or in other applications intended to support or sustain life, or in any other application in which the failure of the product could create a situation where personal injury, death, or severe property or environmental damage may occur. Inclusion of XYRON SEMICONDUCTOR products in such applications is prohibited.

11. Applicable Laws
This Site is operated and controlled from XYRON SEMICONDUCTOR’s offices in Washington, United States of America. Any claim that arises in relation to this Site shall be governed by Washington law and United States federal law. No choice of law rules of any jurisdiction will apply. With the exception of XYRON SEMICONDUCTOR’s rights to enforce its proprietary rights to the Materials, any such claim shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Clark County, Washington. You agree to submit to the exclusive jurisdiction of such courts.

XYRON SEMICONDUCTOR makes no representation or warranty that any communications or Materials on the Site are lawful in other jurisdictions or available for use in all jurisdictions. Accessing the Site where the Materials are illegal is prohibited. If you access the Site from another jurisdiction, you are entirely responsible for compliance with applicable laws, including, without limitation, the export and import regulations of such jurisdictions related to the Materials.

You acknowledge and agree that Materials may be subject to the U.S. Export Administration Laws and Regulations. Export of Materials contrary to U.S. law is prohibited. You agree to comply strictly with all U.S. export laws and regulations and assume sole responsibility for any required licenses. You agree that none of the Materials is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor used for nuclear activities, chemical biological weapons or missile projects. Proscribed countries are set forth in the U.S. Export Administration Regulations and are subject to change without further notice from XYRON SEMICONDUCTOR. You must comply with the list as it exists. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or related lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree that you will not resell, re-export or ship, directly or indirectly, any Materials in any form without obtaining appropriate export or re-export licenses from the U.S. government.

12. Severability; Waiver
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law or is otherwise voided, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, consistent with applicable law. All other provisions shall remain in full force and effect. The failure of XYRON SEMICONDUCTOR 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 XYRON SEMICONDUCTOR in writing.

13. Entire Agreement; Amendment by XYRON SEMICONDUCTOR Only
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all prior or contemporaneous agreements, discussions or communications, whether written or oral, between any XYRON SEMICONDUCTOR representatives and you. XYRON SEMICONDUCTOR may amend or modify these Terms of Use as described in Section 1 hereof. You have no right to amend these Terms of Use, nor can these Terms of Use be orally modified. Your only recourse and remedy if you do not agree to each and every term of these Terms of Use is to discontinue use of the Site

14. Purchases
Purchases are subject to Xyron's terms and conditions. By proceeding, you affirm that you have read the terms and conditions and agree to be bound by them.


PRIVACY POLICY
Xyron Semiconductor respects your privacy and recognizes your need for appropriate protection of any Personally Identifying Information you share with us. Xyron Semiconductor has established this Privacy Policy so you can understand how we intend to treat your information.

“Personally Identifying Information” is data, such as names, addresses, e-mail addresses, telephone numbers and fax numbers that can be used to identify or contact a specific person.

Information Collection and Use
Xyron Semiconductor collects information from our visitors at different points on our website. Nevertheless, Xyron Semiconductor will not sell, share or disclose personally identifying information to others except as provided in this Policy.

Personally Identifying Information
Xyron Semiconductor does not collect personally identifying information from you unless you voluntarily provide it. Personally identifying information may be provided by users on the website in several contexts, including registering for services, contests, offers or other promotional opportunities; answering surveys; purchasing items; providing feedback regarding Xyron Semiconductor’s goods and services; using message boards and chat areas; and submitting information for employment opportunities. Personally identifying information provided to Xyron Semiconductor will only be used by Xyron Semiconductor to perform the service selected by the website user, conduct market analyses, contact visitors to the site, convey special offers, and conduct Xyron Semiconductor’s business. We will not provide personally identifying information gathered from our website to any third party without your consent, except to third parties who may use it in connection with providing the services on our site and/or assisting Xyron Semiconductor in the conduct of our business.

Log Files
Xyron Semiconductor uses IP addresses (addresses that identify a user’s computer terminal) to analyze trends, administer the site, track users’ movements while visiting our website, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifying information.

Links to Other Websites
Xyron Semiconductor’s website may contain links to other websites over which Xyron Semiconductor does not have control. Xyron Semiconductor provides these links solely for your convenience. Please be aware that Xyron Semiconductor is not responsible for the privacy practices of third-party sites linked to the Xyron Semiconductor’s website. We encourage you to read the privacy policies of each website that you use. Xyron Semiconductor’s privacy policy applies solely to information collected by this website and does not apply to other websites linked to this site.

Children's Online Privacy Protection Act
Xyron Semiconductor’s products and services are directed at an adult market, and therefore this website is intended for use by adults only. No information should be submitted to or posted on this website by users under 13 years of age without the consent of their parent or guardian.

No information collected from users known to be under age 13 will be used for any marketing or promotional purposes outside Xyron Semiconductor.

Changes to Xyron Semiconductor Privacy Policy
If we decide to change our privacy policy, we will post those changes on our website Please check back periodically to ensure you have seen the most current policy.

Additional Information or Questions
We welcome any questions regarding Xyron Semiconductor’s privacy policy. Please contact us at: webmaster@xyronsemi.com


 

 

 

 

 

 

 



 

 
 

©2003 Xyron Semiconductor, Inc. All Rights Reserved. Use of this Web site is subject to the Legal Notices.