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Actel's Terms and Conditions of Use
Actel Corporation ("Actel") provides access to certain areas
of this website ("Site"), materials provided on or available
through this Site ("Materials"), and services provided on or
available through this Site ("Services") subject to the following
terms and conditions of use ("Terms"). By accessing or using
this Site, you agree to be bound by these Terms and to comply with all
applicable laws and regulations, including U.S. export and re-export control
laws and regulations. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND
SUCH LAWS AND REGULATIONS, YOU ARE NOT AUTHORIZED TO ACCESS AND USE THIS
SITE OR THE MATERIALS AND SERVICES, AND YOU ARE REQUIRED TO EXIT THIS SITE.
You are granted permission to access and use this Site, including permission
to download, copy, and display Materials, on a limited basis for internal,
noncommercial, informational purposes only and strictly subject to these
Terms.
To access and use parts of this Site, you must register. You hereby represent
and warrant that all information provided to Actel in registering current,
complete, and correct. If Actel suspects that any information provided
by you is untrue, inaccurate, incomplete, not current, or misleading, access
to this Site may be denied.
The Materials include descriptions of patented technology, copyrightable
subject matter, trademarks, service marks, and trade names ("Intellectual
Property") that are proprietary to Actel or other third parties and
are protected by patent, copyright, and trademark laws. Unless you are
separately licensed by Actel in writing or otherwise authorized by license
terms that accompany or are provided with individual Materials or Intellectual
Property, you may use the Materials and Intellectual Property only as permitted
under these Terms. Any unauthorized use or copying of any Materials or
Intellectual Property may violate patent, copyright, trademark and other
laws.
As between you and Actel, Actel shall retain all rights, title, interests,
and ownership of any kind, including but not limited to any and all intellectual
property rights of every kind whatsoever, in and to this Site and all Materials
and Intellectual Property contained on or available through this Site.
Except as expressly set forth in these Terms, neither you nor any other
user shall be deemed to obtain any rights to this Site or the Materials
or the Intellectual Property, and nothing contained herein shall be construed
as conferring by implication, estoppel, or otherwise any license or right
under any patent, copyright, trademark, or trade secret of Actel or any
third party.
The ownership and use of any and all software obtained through this Site
shall be subject to the end-user license agreement incorporated in or accompanying
such software. By downloading any such software, you agree to be bound
by the terms of the applicable end-user license agreement. Some other Materials
downloaded from this Site may also be governed by license terms incorporated
in or accompanying such Material. By downloading any such Material, you
agree to be bound by the applicable license terms. In the event of a conflict
between these Terms and an agreement or terms specifically associated with
software or other Material, the specifically associated agreement or terms
will govern.
You agree to abide by all applicable local, state, national, and foreign
laws, treaties, and regulations applicable to use of this Site. You shall
not in any manner: (i) distribute, use, make copies of, or otherwise duplicate
the Materials contained on this Site, except as expressly authorized under
these Terms; (ii) make this Site, or any Materials contained on this Site,
available to any unauthorized third party; (ii) sell, loan, rent, lease,
re-license, sublicense, transmit, distribute, re-distribute, or timeshare
this Site, or create any Internet "link"
to this Site without prior express authorization from Actel, or "frame" or "mirror" the
materials or services contained on or accessible from this Site on any
other server or Internet-based device; (iii) cause or permit the reverse
engineering, disassembly, decompilation of, or any other attempt to derive
any software comprising or available through this Site, except to the extent
permitted by law; or (iv) remove, alter, amend, or otherwise tamper with
any titles, trademarks, copyright, restricted rights notices, or other
proprietary rights legend, or any license agreement, included or provided
with this Site. In addition, you agree not to use this Site to: (a) harvest,
collect, gather, or assemble any Materials for other than internal, noncommercial
use; (b) harvest, collect, gather, or assemble information or data regarding
other users, including e-mail addresses, without their consent; (c) transmit
or post any material or information that is unlawful, harassing, libelous,
abusive, harassing, tortious, defamatory, threatening, harmful, abusive,
invasive of another's privacy, vulgar, obscene, or otherwise objectionable;
(d) transmit any material that may infringe the intellectual property rights
or other rights of third parties, including any patent, trademark, copyright,
trade secret, or right of publicity; (d) transmit any material that contains
software viruses or other harmful or deleterious computer code, files,
or programs (such as trojan horses, worms, time bombs, and cancelbots);
(e) interfere with or disrupt servers or networks connected to this Site,
or violate the regulations, policies, or procedures of such networks; (f)
attempt to gain unauthorized access to this Site or to computer systems
or networks connected to this Site through hacking, password mining, or
any other means; or (g) harass or interfere with another user's use and
enjoyment of this Site.
Actel may in its sole discretion and at any time, materially change,
add to, delete from, or revise any portion of this Site, including the
scope and extent of this Site's functionality, or otherwise provide any
updates, upgrades, or enhancements to this Site. Actel may remove, replace,
or modify this Site at any time without notice. Each such upgrade, enhancement,
change, addition to, or deletion from this Site shall be subject to these
Terms. Actel makes no commitment to keep this Site current.
This Site contains links to websites maintained by other parties, and
Actel does not control these parties or the content, products, or services
offered through such websites. The inclusion of any link does not imply
any endorsement by Actel of the linked site, or of any content, products,
or services offered through the linked site. Actel makes no representations
or warranties whatsoever about any linked site, or the availability of
any products offered through the linked site, and accepts no responsibility
or obligation in connection with your use of any linked site. The entire
risk and responsibility arising from linking with any such site, including
any transactions entered into through such site, remains with you.
Actel controls and operates this Site from its location in the United
States. The Materials and Services are subject to United States export
control laws and regulations. Actel makes no representation that this Site
is appropriate or available for use in other locations. By using this Site,
you represent and warrant that: (i) you are not listed on the U.S. Commerce
Department's Table of Denial Orders, the U.S. Treasury Department's lists
of specially designated nationals, or otherwise denied the privilege of
participating in transactions involving the export of U.S.-origin products
and services; (ii) you are not located in a country that is subject to
embargo by the United States (currently Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria, or the Taliban Occupied Part of Afghanistan); (iii)
you are not engaged, directly or indirectly, in the design, development,
production, stockpiling, or use of nuclear, chemical, or biological weapons
or missiles; and (iv) you will not, without prior authorization from the
Bureau of Export Administration, (a) knowingly re-export the technical
data received from you to any destination or (b) export the direct product
of the technical data, directly or indirectly, to a country listed in Country
Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration
Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia,
Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania,
Macau, Moldova, Mongolia, North Korea, People's Republic of China, Romania,
Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).
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
Actel's proprietary rights in them.
Actel products are not intended for use as critical components in life
support devices or systems and nothing on this Site or any Materials permits
such use, which is prohibited without the express written consent of an
Actel officer. Life support devices and systems are those that can be reasonably
expected to result in injury or death if they fail; critical components
are those that can, if they fail, reasonably be expected to cause the failure
or affect the safety or effectiveness of the life support device or system.
This Site and the Materials contain projections or other forward-looking
statements, which contain words such as "anticipates,"
"believes," "estimates," "expects,"
intends," "plans," "seeks," and variations of
such words and similar expressions. All forward-looking statements are
made under the safe harbor provisions of the Private Securities Litigation
Reform Act of 1995 and should be read with the "Risk Factors" in
Actel's most recent Forms 10-K and 10-Q. The Risk Factors, including general
economic conditions and a variety of risks specific to Actel or characteristic
of the semiconductor industry, such as fluctuating demand, intense competition,
rapid technological change and related intellectual property and international
trade issues, wafer and other supply shortages, and booking and shipment
uncertainties, could cause actual results to differ materially from those
projected in the forward-looking statements. In addition, Actel undertakes
no obligation to update any of the information presented on or available
through this Site or contained in the Materials, including forward?looking
statements.
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED, AND ARE ACCEPTED
BY YOU, "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, ACTEL DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY MATERIALS DOWNLOADED
OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL
OR USE OF THIS SITE.
ACTEL MAKES NO WARRANTY OR REPRESENTATION AS TO THE AVAILABILITY, PERFORMANCE,
ACCURACY, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, COMPLETENESS OF,
OR THE RESULTS OF THE USE OF THIS SITE, THE MATERIALS, OR THE SERVICES.
MORE PARTICULARLY, ACTEL DOES NOT REPRESENT OR WARRANT: (I) THAT THIS SITE,
THE MATERIALS, OR THE SERVICES WILL BE SECURE, TIMELY, RELIABLE, UNINTERRUPTED,
OR FREE FROM ERRORS, INACCURACIES, VIRUSES, OR HARMFUL COMPONENTS, OR WILL
OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA;
(II) THAT THIS SITE, THE MATERIALS, OR THE SERVICES, OR ANY INFORMATION
OR DATA OBTAINED OR PROCESSED BY YOU THROUGH THIS SITE, THE MATERIALS,
OR THE SERVICES, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) THAT
ERRORS OR DEFECTS WILL BE CORRECTED; OR (IV) THAT YOUR ENJOYMENT OF THIS
SITE, MATERIALS, OR SERVICES WILL BE WITHOUT INTERFERENCE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTEL SHALL
BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY OR TO CREATE ANY WARRANTY.
YOU ARE ADVISED NOT TO RELY FOR ANY PURPOSE ON THIS SITE, THE MATERIALS,
OR THE SERVICES. ACTEL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, THE MATERIALS,
THE SERVICES, OR THE LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED
BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION
OR TRANSMISSION, COMPUTER VIRUSES, LINE FAILURES, AND ALL OTHER INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING
IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER THEORY OF LAW, INCLUDING
WITHOUT LIMITATION ANY LOSS OF INCOME, PROFITS, BUSINESS, USER INFORMATION,
OR OTHER DATA, EVEN IF ACTEL OR AN ACTEL AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Actel reserves the right from time to time in its sole discretion to
add to, delete from, or otherwise modify these Terms governing use of this
Site by posting the revised Terms on this Site. By using or accessing this
Site subsequent to the posting of any revised Terms, you shall be deemed
to have consented to such changes.
You have the right to discontinue use of this Site at any time. Actel
may at any time and in its sole discretion terminate these Terms and all
rights granted hereunder by posting notice of such termination on this
Site. Upon any breach of these Terms, the permissions granted herein shall
automatically terminate and all use of this Site, Materials, and Services
by you must cease immediately. Upon termination for any reason, all rights
granted you hereunder shall terminate and you shall immediately cease use
of this Site and return or destroy any materials obtained through this
Site. Actel shall not be liable to you or any third party for any claim
or cause of action arising out of such termination.
These Terms shall be governed by and construed in accordance with the
laws of the State of California applicable to contracts entered into and
wholly performed therein, without regard to that body of law pertaining
to conflicts of laws. Any suits or controversies between the Parties arising
hereunder shall be adjudicated before a court of competent jurisdiction
located in Santa Clara County, California. As permitted under Article 6
of the United Nations Convention on Contracts for the International Sale
of Goods, you and Actel hereby agree that said Convention shall not apply
to this Agreement or any dispute arising hereunder.
If the application of any provision hereof to any particular party, facts,
or circumstance shall be held by a court of competent jurisdiction to be
invalid or unenforceable, then (i) such provision shall be reformed to
the extent strictly necessary to render such provision valid and enforceable
when applied to such particular party, facts, or circumstances; and (ii)
the validity and enforceability of such provision as applied to any other
particular party, facts, or circumstances, and the validity and enforceability
of all of the other provisions hereof, shall in no way be affected or impaired
thereby.
All rights reserved. Actel Corporation, 2061 Stierlin Court, Mountain
View, California 94043, USA.