Effective Date: January 19th, 2010
Welcome to the UBM TechInsights site at http://www.ubmtechinsights.com (the “Site”). This Site is operated by Semiconductor Insights, Inc. a division of UBM TechInsights (hereinafter referred to as "UBM TechInsights"). This Site is open to all permanent, legal residents of the United States and Canada, excluding Puerto Rico and Quebec, only; however, you must be at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi) to register. These terms of use constitute a legal agreement ("Agreement") between you and UBM TechInsights, and (if using a GPS or other mobile device to access and/or use this Site) between the subscriber of a participating mobile communications carrier (“Subscriber”) and UBM TechInsights, and (if you are using the Site on behalf of your employer or company) between the employer/company (“Company”) and UBM TechInsights. By completing the registration process on this Site OR by downloading or uploading content to or from a mobile device, computer or other equipment, you (if using a mobile device or other equipment to access and/or use this Site) represent that you are: (1) at least 18 years of age (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi); (2) if you will be viewing the Site on a mobile device, are a Subscriber, or have the consent of a subscriber of a participating mobile communications carrier to sign-up for and use the Site on behalf of the Subscriber; and (3) agree on your behalf (and, if you access and/or use the Site with any mobile device or other equipment, on behalf of the Subscriber) to be bound by these terms and conditions of this Agreement. Even if you do not complete the registration process, download or upload any content, you will be bound by the terms and conditions of this Agreement (to the extent applicable to you) when you visit this Site. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at webmaster@ubmtechinsights.com.
In this Agreement, "you" and "your" refer to each viewer, visitor, or user of the Site (including the Subscriber or Company on whose behalf you are entering into this Agreement) and his or her agents (unless the context requires otherwise), and "we", "us" and "our" refer collectively to UBM TechInsights. This Agreement explains our obligations to you, and your obligations to us in relation to the Site.
Please note that we may at any time revise this Agreement by updating this posting. You are bound by such revisions and should therefore visit this page to review the current terms and conditions of this Agreement from time to time. NOTE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ONLY APPLY TO THE USE OF THIS SITE, AND OTHER WEBSITES PROVIDED BY TECHINSIGHTS HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.
1. DESCRIPTION OF SERVICE
The Site is designed to help you:
- Learn about UBM Techinsights products and services and markets served
- download whitepapers, Videos, Webinars, Video-on-demand courseware, articles, datasheets, example reports, presentations, etc.
- search by manufacturer part number (Device), specific features or keywords to find relevant devices for analysis, teardown reports or completed analysis Reports (Open Market reports)
- Search Reports, similar to devices
- Find out contact information for our sales or support
- Find out locations
- Find out corporate information like executives, governing principles, philosophy, Events, etc.
Additionally, you can register as a user of the Site to obtain “my Portal” access to download premium content, Electronic versions of products previously purchased, communicate with UBM Techinsights engineers and analysts.
Premium members can use the Site to access company-specific Portals to interact with their assigned account team and access all their reports, to dialogue with co-workers and UBM Techinsights Team.
2. REGISTRATION AND ACCESS TO THE SITE
(a) Access to the Service: In order to use the Site, you must have (i) a computer with internet access to permit downloads and uploads to and from your computer, and/or (ii) a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which UBM TechInsights makes the Site available as well as any carrier services necessary to upload or download content, and (iii) pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Site, including, but not limited to, computer (with internet access) and/or a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Site. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with UBM TechInsights’s or this Site’s operations. Any equipment or software causing interference shall be immediately disconnected from the Site and UBM TechInsights shall have the right to immediately terminate this Agreement. If any upgrade in or to the Site requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Site, including the release of new products and services, shall be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the Site.
(b) Registration Data: If you opt to register on the Site, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, or (in the event you are not the Subscriber) the Subscriber or Company has not consented to your registration for the Site on behalf of the Subscriber or Company, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and the Site by email. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Site.
(c) Uploading Content: You are solely responsible for the business information, notes, text, information, listings and other content that you upload, publish or display (hereinafter, "post") on or through the Site or Forum (collectively the "User Content"). You may not post, transmit or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that UBM TechInsights may, but is not obligated to, review the Site and may edit, modify, delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to UBM TechInsights.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. You acknowledge that UBM TechInsights may retain archived copies of your User Content. UBM TechInsights does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
(d) Downloading Content: You acknowledge and agree that the content made available on the Site is protected by intellectual property laws. Unless expressly agreed otherwise by you and UBM TechInsihgts, by downloading content, you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the downloaded content and the Service on a designated compatible mobile device, other equipment or computer. Unless expressly agreed otherwise by you and UBM TechInsihgts, you further acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative works of or otherwise use or make available the downloaded content except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile or other content downloaded on your mobile device, other equipment or computer, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the content downloaded on your mobile device, other equipment or computer.
(e) Modifications, Interruptions or Discontinuation of Site: UBM TechInsights reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Site, or portions thereof, with or without notice to you. Without limiting the generality of the foregoing, UBM TechInsights reserves the right to delete, add to or modify the Site content for any reason at any time, and to modify, delete (or block your access to) any portion of the Site in the event we reasonably determine that the Site, your use of the Site or any element used to create the Site, infringes on or violates, or could infringe on or violate, any third-party right or any applicable laws or government regulations.
3. SITE FORUMS
UBM TechInsights makes discussion forums (“Forums”) available for your use on this Site subject to the terms and conditions set forth in these Terms of Use. Considering the real-time nature of the Forums, it is impossible for us to review messages or confirm the validity of information posted. Please remember that UBM TechInsights does not actively monitor the contents of and are not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of UBM TechInsights. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately. Although UBM TechInsights does not and cannot review each and every message that is posted and is not responsible for the content of any of these messages, we reserve the right to delete any message for any reason whatsoever. You agree, through your use of the Discussion Forums, that you will not post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You agree, through your use of the Forums, not to post any copyrighted material unless the copyright is owned by you or UBM TechInsights. You agree, through your use of the Forums, not to post advertising of any kind in the Forums whether you are a private party or company.
UBM TechInsights expects that all users of the Site behave in a manner that is constructive, respectful and productive, and that does not disparage any other users or any companies.
4. PRIVACY
See UBM TechInsights privacy policy, available at www.ubmtechinsights.com/privacy-policy/ for an explanation of our collection and use of personal information under this Agreement.
5. INDEMNIFICATION
You agree to defend, indemnify and hold harmless UBM TechInsights, Portelligent, Inc., Sanguine Microelectronic (Shanghai) Co. Limited, Semiconductor Insights Inc., United Business Media LLC, and their respective parents, subsidiaries and affiliates, together with their respective employees, agents, directors, officers and shareholders (collectively, “UBM TechInsights Parties”), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, your breach or alleged breach of this Agreement, or your breach or alleged violation of the copyright, trademark, proprietary or other rights of third parties.
6. DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND/OR ANY SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OTHER EQUIPMENT OR COMPUTER, OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THIS SITE. YOU AGREE THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT UBM TECHINSIGHTS PARTIES SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE, OR ANY PART THEREOF. UBM TECHINSIGHTS MAKES NO WARRANTIES THAT THIS SITE OR ANY MATERIAL OBTAINED THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE USER GENERATED CONTENT) WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, NON-INFRINGING OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR ANY AND ALL CHARGES, COSTS AND/OR EXPENSES FOR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY CHARGES ARISING FROM DISRUPTED, DUPLICATIVE AND/OR INCOMPLETE DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. We assume no liability or responsibility for any errors or omissions in the content of this site. We do not make any warranty or representation that your use of the material displayed on, or obtained through, this site is non-infringing of any rights of any third party. In particular, some content of this Site is provided by the supplier or provider of goods or services, and may not be independently verified by us. Any decision or action taken you on the basis of information or content is at your sole discretion and risk.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT UBM TECHINSIGHTS PARTIES AND THEIR LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) (COLLECTIVELY, “RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
YOU HEREBY RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF THIS AGREEMENT OR THE USE BY UBM TECHINSIGHTS OR ITS DESIGNEES OF ANY RIGHTS GRANTED BY YOU.
7. INTELLECTUAL PROPERTY RIGHTS
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any Service (collectively, "UBM TechInsights Intellectual Property Rights") are owned by UBM TechInsights, its parent, subsidiaries or affiliates (collectively, “UBM TechInsights Entities”) or its licensors, and you agree to make no claim of interest in or ownership of any such UBM TechInsights Intellectual Property Rights. You acknowledge that no title to the UBM TechInsights Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement. Without limiting the generality of the foregoing, you acknowledge and agree that the trademarks, logos and service marks, whether registered or unregistered (collectively, the "Trademarks") used on this Site, including “UBM TechInsights,” are Trademarks of UBM TechInsights Entities or third parties. Nothing contained on this Site or obtained through the Service should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trademarks without our written consent and/or the consent of such third party that owns the Trademarks. Any use of the Trademarks on this Site is prohibited.
8. COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENT
We respect the intellectual property of others, and we ask our users to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact our Copyright Agent. Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: copyrightagent@ubm-us.com
9. TERMINATION
We reserve the right to terminate this Agreement and your access to this Site immediately, without notice or any liability to you, if you fail to comply with any term or condition of this Agreement. Upon termination of this Agreement, you agree to immediately remove all downloaded mobile and other content from your mobile device, other equipment, and computer.
10. DISPUTES
You agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, this Site (including without limitation, any alleged violation of this Agreement, any controversy relating to the arbitrability of any dispute, or any claim that this Agreement (or any part thereof) is invalid, illegal or otherwise voidable (or void)) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in New York, NY under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your use of this Site, or otherwise accessing this Site, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Site or any content or other material used or displayed on this Site.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, your rights and obligations, or our rights and obligations in connection with this Site or the Service, shall be governed by, and construed in accordance with, the laws of the state of New York, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
11. MISCELLANEOUS
(a) No Offer: The information contained in the website does not constitute an offer or invitation or the provision of advice to (i) acquire or dispose of any shares – or other securities of United Business Media or any other company or any direct or indirect right in respect of any such shares or other securities; or (ii) enter into any contract with United Business Media or any other company. The information provided should not be relied upon in connection with any investment decision.
(b) Past Performance: The past performance of United Business Media or any other company referred to on the website cannot be relied upon as a guide to its future performance. The price of shares and the income derived from them can go down as well as up and investors may not recoup the amount originally invested. Any reference to any product or service which has been or may be provided by United Business Media or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
(c) Notices And Announcements: Except as expressly provided otherwise herein, all notices to UBM TechInsights shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
UBM TechInsights
Attn: Legal (terms of service)
3000 Solandt Road
Ottawa, ON K2K 2X2
Canada
(d) Severability: This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
(e) Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding this Site and the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
(f) Assignment And Resale: Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell any materials provided through the Site or any portion thereof.
(g) Waiver: No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of UBM TechInsights. The remedies of UBM TechInsights under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by us, at any time or from time to time, to enforce any of our rights under this Agreement shall not constitute a waiver of such right.
(h) Headings: The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
(i) Survival: In the event this Agreement terminates as provided herein, Sections 2, 4, 5, 6, 8, 9 and 10 of this Agreement shall survive such expiration or termination.
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