Legal Notice
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
These Terms govern your use of the
information that is posted on this research-service portion of California
Micro Devices web site (the "Service" as further defined below).
These Terms constitute a binding agreement between you and California
Micro Devices Corporation. ("CMD"). They are in addition to
any other agreement you may have with CMD, including any agreement governing
your or your organization's use of CMD's products or services. The term
'you' in this agreement means both the person actually viewing or downloading
information from the site, and the person or entity for whom he or she
is acting, whether it is an employer, contractor, or other principal.
By clicking "Yes" below or accessing the Service, you agree
to these Terms. If you do not agree to the Terms do not access the Service.
By downloading any materials from this site, you agree to these terms.
If you do not agree to them, do not use the site or download any materials
from it.
SUMMARY
What
this Service Provides:
- If you are currently a CMD customer, this Service may assist you in using CMD's products or services by allowing you to obtain more detailed information regarding those products and services.
- If you are thinking of becoming a CMD customer, this Service may assist you in your purchase decision by allowing you to determine whether a particular CMD product or service will meet your specific research needs.
What this Service Does NOT Provide:
- The information that you may search within
the Service are provided as a convenience. CMD cannot guarantee the
timeliness or accuracy of information contained in this information.
You use this Service as it is. There is no guarantee that the information
you download is complete, accurate, or current, or that the information
will be relevant to your inquiry. Buyers should consult other sources
of information to evaluate the performance of systems or components
they are considering purchasing. For more information on performance
tests and on the performance of CMD products, call 1-408-934-3110.
-
Although this information is provided without charge, your use of this Service, including information you download, is not public. You must keep it confidential, with some narrow exceptions. Please read the license limitations and confidentiality terms below carefully.
TERMS
TRADEMARK INFORMATION: CMD™, the CMD logo, CMD, PhotonIC®, OptiGuard™, Praetorian®, PicoGuard™, Application Specific Integrated Passive™, ASIP™ and Centurion™ are trademarks of CMD ("CMD's Trademarks"). You may not use or display CMD's trademarks without prior written permission from CMD. All other brands and names shown on this site are displayed with proper permission and remain the property of their respective owners.SINGLE COPY LICENSE: Conditioned on the Terms of this Agreement, CMD grants you a non-exclusive, non-transferable, non-sublicensable license to download one copy of the information or software ("Materials") found on the CMD site onto a single computer for your [personal, non-commercial] [accurate?] internal use only. You may not: (a) modify or crate derivative works from the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble software Materials; (c) remove any copyright or other proprietary notices from the Materials; (d) sublicense, assign, or otherwise transfer the Materials, or use the Materials in any way not expressly permitted by these Terms. You agree to prevent any unauthorized copying of the Materials.
OWNERSHIP OF MATERIALS: Materials are copyrighted and are protected by worldwide copyright trademark, patent and other proprietary laws. Materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without CMD's prior written permission, except as expressly provided herein. CMD does not grant any implied right to you under this Agreement to any patents, copyrights, trademarks, or trade secret information.
DISCLAIMER: THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. CMD EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL CMD OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF CMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Without limiting the foregoing, CMD further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. CMD may make changes to these materials, or to the products described therein, at any time without notice. CMD makes no commitment to update the Materials.
PERFORMANCE INFORMATION: Performance tests and ratings are measured using specific systems and/or components and reflect the approximate performance of CMD products as measured by those tests. Any difference in hardware or design or configuration may affect actual performance.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Materials are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of CMD's proprietary rights in them.
CONFIDENTIALITY: The information in the Service and the Materials, including any underlying software and technology, are the valuable trade secrets of CMD or its licensors. You agree to preserve these intellectual property rights. You must not disclose or use the Service or any underlying software or technology for any purpose not expressly permitted by these Terms, and will take all reasonable precautions to protect the this information against any unauthorized use, copying, publication, disclosure or distribution. The foregoing does apply to information that (a) is in the public domain at the time of disclosure by CMD; (b) becomes part of the public domain by publication or otherwise, except by your breach of these Terms; (c) you establish in your possession at the time of disclosure by CMD and was not acquired, directly or indirectly, from CMD; or (d) you receive from a third party who did not obtain it, directly or indirectly, from CMD. The occurrence of either (a), (b), (c), or (d) above will not grant any rights, express or implied, under any intellectual property owned or licensable by CMD.
INDEMNIFICATION: You will indemnify and defend CMD from any claim (including attorneys fees and costs) arising from your (a) use of the Service, (b) violation of any third party right, or (c) breach of any of these Terms. CMD shall cooperate as fully as reasonably required in the defense of any claim. CMD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you shall not settle any matter without the prior written consent of CMD.
MODIFICATION AND TERMINATION OF SERVICE: CMD may, but has no obligation to, correct any faults, errors or omissions in any part of the Service or any information available through it. CMD may perform scheduled or unscheduled maintenance of the Service or the CMD web site, during which time your access to the Service will be temporarily interrupted. CMD may, at its sole discretion, change, suspend or discontinue all or any portion or feature of the Service without notice, including limiting the availability of any material.
No action by CMD in modifying, suspending or termination the Service or anyone's use of the Service will result in any liability to CMD. These Terms will terminate immediately without notice from CMD if in CMD' sole discretion you fail to comply with any of these Terms. Upon termination, you must destroy all materials obtained from the Service, and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. If CMD suspects any illegal use of the Service, including theft or misuse of CMD trade secrets or intellectual property, it will refer the suspected user to the appropriate law enforcement agency.
You may terminate these Terms at any time by destroying all materials obtained from the Service, and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise.
EXPORT RESTRICTIONS: This site is controlled and operated by CMD from its offices within the United States of America. CMD makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations.
GENERAL: You agree not to use the Service for any illegal purpose. These Terms, as amended from time to time by CMD, and limited by any existing agreement governing the use of CMD products or services, constitutes the entire agreement between the you and CMD with respect to the Materials and Service, and supersedes all prior written and oral agreements or understandings regarding this subject. These Terms may only be modified by CMD posting the change on this site. You are bound by any such revision and should therefore periodically visit this page to review the then-current provisions of these Terms. You can access the then-current version of these Terms at any time by accessing the Terms published as part of the Service. Use of the Service constitutes assent to the then-current version of these Terms. CMD's waiver of any term or any breach of any Term must be in writing, and will not affect any other term. These Terms are governed by the laws of California, without regard to its conflict of law provisions. In the event that any of these Terms is found to be illegal or unenforceable, the Terms will be construed without the unenforceable provision.
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