Last update: December 3, 2002
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 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
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. 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. Since your access to or use of
the Site binds you to these Terms of Use, you should 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 the bottom of
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
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 and/or its affiliates at least in part on a server located in
Freiburg, 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.
Ownership
Except as otherwise indicated all materials described or depicted on
this Site, including but not limited to Publications, Information and
images (collectively "Content") as well as their selection and
arrangement are protected by copyright, patent, trademark 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 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.
You may not publish, broadcast, transmit, transfer or sell, rent,
lease, loan, 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.
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.
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 onto any single
computer solely for your own personal, noncommercial home use, 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 appear, (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.
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.
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 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 Micronas. All rights reserved.
Applicable Law/Jurisdiction
The TOU shall be governed and construed in accordance with the laws of
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 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 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 . 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
If 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 . Technical questions can be directed to
. Other communications should be directed
as indicated on the Site.
Last update: December 3, 2002