Terms of Use,version March 4, 2003
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 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, use and copy (i.e. electronically copy and print hard-copy excerpts) the Publications for commercial purposes, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) the use is within the limits defined by the TOU and Publications will not be copied or posted on any network computer, stored in a retrieval system or broadcasted in any media and (3) 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 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
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 info@micronas.com. Technical questions can be directed to webmaster@pixelandfriends.com. Other communications should be directed as indicated on the Site.
Last update: March 4, 2003
Terms of Use (PDF,96 kb)
