THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS REGARDING YOUR USE OF THE MOSYS, INC. WEBSITE (“WEBSITE”). BY ACCESSING, BROWSING AND/OR USING THE WEBSITE, YOU ARE DEEMED TO ACCEPT THE TERMS AND CONDITIONS, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS, BROWSE OR USE THE WEBSITE. OWNERSHIP AND GRANT OF RIGHTS
All right, title and interest to the content displayed on the Website, including, but not limited to, the Website’s look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names and URL, is the property of MoSys, Inc. or its partners, suppliers or affiliates, and is protected under applicable copyright, patent, trademark, trade dress and other proprietary laws. MoSys hereby grants you a personal, nonexclusive, non-transferable, revocable limited license to access the Website and view and/or print documents, data, information, text, logos, graphics, images or any other materials found thereon (“Website Content”) in accordance with the terms herein. YOUR USE OF THE WEBSITE In exchange for the limited rights granted to you herein with respect to the Website, you agree that:
- all Website Content shall be used by you solely for informational, non-commercial or personal use;
- you will not reproduce, copy, modify, adapt, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover any source code, display, perform, post, broadcast or exploit any Website Content in any media without MoSys’s prior written permission;
- you will not modify, adapt or alter any Website Content in any manner whatever;
- you will not use any device, software, or technique that may interfere with the proper working of the Website;
- you will not post or transmit to the Website any unlawful, fraudulent, harassing, libelous, or obscene information of any kind;
- you will not post or send to the Website any information that contains a virus, bug, or other harmful, disruptive, destructive files, code or programs;
- you will not post or transmit to the Website any information in violation of another party’s copyright, trademark, patent or other intellectual property rights;
- you will not redeliver any Website Content using “framing,” hyperlinks, or any other technology without MoSys’s prior written permission;
- you will comply with all laws, statutes, ordinances and regulations (including unfair competition, anti-discrimination and false advertising) regarding your use of the Website.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOSYS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOSYS MAKES NO REPRESENTATION OR WARRANTY THAT POSTINGS WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE; OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR NEEDS. ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT MOSYS IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR WEB SITES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; RELIANCE ON CONTENT OR POSTINGS ON THE WEBSITE; OR ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT MOSYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
COPYRIGHT NOTICE
MoSys asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, MoSys has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide MoSys’s copyright agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
MoSys’s copyright agent for notice of claims of copyright infringement can be reached as follows:
MoSys, Inc.
Attention: Copyright Agent
2309 Bering Drive
San Jose, CA 95131
If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with MoSys’s Copyright Agent. You may want to seek independent legal counsel before filing a notification or counter-notification.
TRADEMARK NOTICE
1T-SRAM, Bandwidth Engine, Bit Safe, Breaking Bandwidth Barriers, GigaChip, the GigaChip logo, IC Spotlight, LineSpeed, QuickLink, MoSys, the MoSys logo and all other marks and logos used in connection with the Website are protected marks. You agree not to use, reproduce, copy, modify, adapt, display, post, or exploit any trademark, service mark or logo appearing on the Website in any media now known or hereafter developed without prior written permission from MoSys, Inc.
PRIVACY POLICY
In addition to the terms and conditions herein, your use of the Website is subject to the terms and conditions of our Privacy Policy.
LINKS TO OTHER WEBSITES
The Website may offer links to other World Wide Web sites or resources. Because MoSys has no control over such sites and resources, you acknowledge and agree that MoSys is not responsible for the availability of such external sites or resources, and MoSys does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MoSys shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, which will govern your rights and obligations with respect to the use of those web sites.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding your use of the Website including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
INDEMNIFICATION
You agree to defend, indemnify and hold MoSys and its affiliates, officers, directors and employees harmless from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees and court costs, arising from or related to your connection to or use of the Website, your violation of this Agreement, or your violation of any rights of another party in connection with your use of the Website.
CHANGES TO AGREEMENT
MoSys may make changes to this Agreement from time to time in its sole discretion, and will post any such changes on the Website. Your continued use of any of the Website following the posting of changes constitutes your acceptance of any such changes.
MODIFICATION OF WEBSITE
MoSys reserves the right to modify, suspend, discontinue or terminate the Website at any time, in its sole discretion, without prior notice to you. You acknowledge and agree that MoSys will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Website even if advised of a claim for damages.
TERMINATION OF AGREEMENT
MoSys reserves the right to terminate this Agreement at any time, in its sole discretion, with or without cause and for any reason without prior notice to you. In the event of such termination, you agree to cease all further use of the Website and return to MoSys, at your sole expense, all Website Content in your possession within a reasonable time. You acknowledge and agree that MoSys will not be liable to you or to any third party for the termination of this Agreement even if advised of a claim for damages.
GENERAL
- This Agreement sets forth the entire understanding and agreement of the parties as to the subject matter hereof.
- This Agreement shall be governed and construed in accordance with the laws of the State of California without regard to such state’s conflicts of law principles.
- The parties hereby agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco, California.
- The waiver by MoSys of a breach of any provision of this Agreement by you, directly or indirectly, shall not be deemed a waiver as to any subsequent and/or similar breach or default.
- In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without said provision.
- Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred notwithstanding any statute of limitations or other law to the contrary.
- This Agreement shall not be interpreted by reference to any of the titles or headings to the paragraphs herein, which have been inserted for purposes of convenience only and are not to be deemed a part hereof.
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship shall be created by or through your use of the Website.
- Neither the course of conduct between the parties nor trade practices shall modify any provisions of this Agreement.
CONTACT INFORMATION
All inquiries should be directed to
MoSys, Inc.
Attention: Copyright Agent
2309 Bering Drive
San Jose, CA 95131