1. Acceptance of Terms
c. Services and Materials provided by third parties are governed by separate agreements accompanying such Services and Materials.
2. Use of Web Site, Services and Materials.
a. You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Web Site.
b. Unless expressly agreed to by Cypress in writing elsewhere, Cypress has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of this Web Site or via the Services ("Your User Content"). Cypress has no responsibility or liability for the deletion or accuracy of any Materials, including Your User Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your User Content. You are solely responsible for applying the appropriate level of access to Your User Content. If you do not choose, the system may default to its most permissive setting. You agree that Cypress retains the right to create reasonable limits on Cypress' use of the Materials, including Your User Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Cypress in its sole discretion.
c. You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Cypress immediately. You may not use another person's Account Information. Cypress may require that you change your Account Information or certain parts of your Account Information at any time for any reason.
d. You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) ("Law").
e. You agree not to access or attempt to access the Services by any means other than the interface provided by Cypress.
a. The Web Site, Services and Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the "Intellectual Property Rights"). Except as expressly provided in the Terms, Cypress and its suppliers do not grant any express or implied rights or license to use the Web Site, Services and Materials. Ownership of the Intellectual Property Rights remains with Cypress or their respective owners.
b. The trademarks, logos and service marks displayed on this Web Site (the "Marks") are the property of Cypress or third parties. You are not permitted to use the Marks without the prior written consent of Cypress or the third party that may own the Marks. Cypress and the Cypress logo are trademarks of Cypress Semiconductor Corporation.
4. Use of Software.
a. Any Software that is made available via this Web Site is the property of Cypress and its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Web Site page(s) accompanying the Software. Other license terms may only be posted with the Software downloads or at the Web Site page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except for as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.
b. If no license agreement accompanies the Software, use of the Software will be governed by the Terms. Cypress grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive license to use the Software for the sole purpose of enabling you to use the Services as provided by Cypress, in the manner permitted by the Terms. You agree that you will not decompile, reverse engineer or otherwise attempt to discover or reconstruct the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from Cypress and Cypress may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that Cypress' Intellectual Property Rights in the Software are protected. Unless Cypress has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
c. The Software may automatically download and install updates from Cypress from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit Cypress to deliver these to you with or without your knowledge) as part of your use of the Services.
5. Use of Cypress Content, User Content and Shared Group Content.
a. Except as indicated to the contrary in any applicable Additional Terms, Cypress hereby grants you a license to view, download and print Materials provided by Cypress ("Cypress Content") and any Materials provided by Users ("User Content"), except for Shared Group Content, subject to the following conditions:
i. You may access and use the Cypress Content and User Content solely for personal, informational, non-commercial and internal purposes, in accordance with the Terms;
ii. You may not modify or alter the Cypress Content or User Content;
iii. You may not distribute or sell, rent, lease, license or otherwise make the Cypress Content or the User Content available to others; and
iv. You may not remove any text, copyright or other proprietary notices contained in the Cypress Content or User Content.
b. Some Services involve collaboration and file-sharing services among a specific group (a "Group") in conjunction with such collaboration and file-sharing ("Shared Group Content"). Members of a Group may use the Shared Group Content available to such Group in any manner that has been agreed upon by the User providing such Shared Group Content to the Group. It is your sole responsibility to determine what limitations, if any, are placed on Shared Group Content that you distribute within your Group. You agree that Cypress has no liability of any kind should members of your Group modify, destroy, corrupt, copy or distribute your Shared Group Content in violation of the limitations that you may impose on its use.
c. Cypress reserves the right to revoke the authorization to view, download and print the Cypress Content and User Content at any time, and any such use shall be discontinued immediately upon notice from Cypress.
d. Software is subject to the additional provisions governing Software set forth herein.
e. The rights specified above are not applicable to the design, layout or look and feel of this Web Site. Such elements of this Web Site are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No mark, graphic, sound or image from this Web Site may be copied or retransmitted unless expressly permitted by Cypress. In addition, various sections of the Web Sites may showcase the work of creative professionals. Such Materials (whether Cypress Content or User Content) belong to their creators, may be protected by Intellectual Property Rights, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
6. User Conduct.
a. You agree that you, not Cypress, are entirely responsible for all of Your User Content that you upload, post, email, transmit or otherwise make available on this Web Site or via the Services ("Make Available"), whether publicly posted or privately transmitted. You assume all risks associated with use of Your User Content, including any reliance on its accuracy, completeness or usefulness.
b. You represent and warrant that: (i) you own the Intellectual Property Rights, or have obtained all necessary license(s) from the owners of the Intellectual Property Rights, to use Your User Content in connection with the Web Site, the Services or as otherwise permitted by the Terms; (ii) you have the rights necessary to grant the license and sublicenses described in the Terms; and (iii) you have received consent from any and all persons depicted in Your User Content to use Your User Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your User Content.
c. You acknowledge and agree that by accessing or using the Web Site, Services or Materials, you may be exposed to Materials from others that may be considered offensive, indecent or otherwise objectionable.
d. You agree not to use, or to encourage or permit others to use, this Web Site or Services to:
i. Make available any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; ii. Stalk, intimidate and/or harass another;
iii. Incite others to commit violence;
iv. Harm minors in any way;
v. Make Available any Material that you do not have a right to Make available under any Law or contractual or fiduciary relationship;
vi. Make Available any Material that infringes any Intellectual Property Right of any party;
vii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
viii. Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;
ix. Use the Web Site, Services or Materials such that it will mislead a User into believing that they are interacting directly with Cypress or any Service;
x. Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
xi. Use any Cypress domain name as a pseudonymous return email address;
xii. Make Available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
xiii. Access or use this Web Site or Services in any manner that could damage, disable, overburden or impair any Cypress server or the networks connected to any Cypress server;
xiv. Interfere with or disrupt this Web Site or Services or violate any applicable Laws related to the access to or use of this Web Site or Services, violate any requirements, procedures, policies or regulations of networks connected to this Web Site or Services, or engage in any activity prohibited by the Terms;
xv. Disrupt or interfere with the security of, or otherwise cause harm to, this Web Site or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through this Web Site or any affiliated or linked sites;
xvi. Disrupt, interfere with, or inhibit any other User from using and enjoying the Web Site, Services or Materials, or other affiliated or linked sites, Services or Materials;
xvii. Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through this Web Site or Services;
xviii. Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Cypress;
xix. Reproduce, sell, trade, resell or exploit for any commercial purpose any portion of the Web Site, the Services or any Materials, use of any Service or Materials, or access to any Service or Materials; or
xx. Use any data mining, robots, or similar data gathering and extraction methods in connection with the Web Site, Services or Materials.
a. Cypress, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, Cypress shall have the right, in its sole discretion, to remove any of Your User Content for any reason (or no reason), including if it violates the Terms or any Law.
b. Although Cypress does not generally monitor User activity occurring in connection with the Web Site, Services or Materials, if Cypress becomes aware of any possible violations by you of any provision of the Terms, Cypress reserves the right to investigate such violations, and Cypress may, at its sole discretion, immediately terminate your license to use the Web Site, Services, or Materials or change, alter or remove Your User Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, Cypress believes that criminal activity has occurred, Cypress reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, Cypress is entitled to disclose any information or Materials, including Your User Content or Account Information (or elements thereof), in Cypress' possession in connection with your use of the Services to (i) comply with applicable Law, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your User Content violates the Terms or rights of third parties; (iv) respond to requests for customer services; or (v) protect the rights, property or personal safety of Cypress, its Users or the public, and law enforcement or other government officials, as Cypress in its sole discretion believes to be necessary or appropriate.
8. Use of Your User Content.
a. Cypress does not claim ownership of Your User Content. However, except as provided in Section 8(b), you grant Cypress and all third parties a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your User Content (in whole or in part) and to incorporate Your User Content into other Materials or works in any format or medium now known or later developed.
b. The terms of Section 8(a) shall not apply to Your User Content:
i. When specifically agreed that Section 8(a) shall not apply in any Additional Terms that may accompany certain Services (such as those provided with Photoshop.com and Acrobat.com); or
ii. When Your User Content is Made Available through Services that are intended for private communication or which allow you to limit public access to Your User Content and you do in fact limit public access.
c. In the case of Your User Content covered by Section 8(b)(i), you grant Cypress only those rights set forth in such Additional Terms.
d. In the case of Your User Content covered by Section 8(b)(ii), you grant Cypress a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate Your User Content solely for the purpose of enabling your use of the Service. You may revoke this license and terminate Cypress' rights at any time by removing Your User Content from the Service.
By submitting ideas, suggestions, documents and/or proposals ("Feedback") to Cypress through its suggestion, feedback, wiki, forum or similar web pages, you acknowledge and agree that (i) your Feedback does not contain the confidential or proprietary information of your or of third parties; (ii) Cypress is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Cypress, in its discretion, shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide; (iv) Cypress may have something similar to the Feedback already under consideration or in development; (v) the Feedback automatically becomes Cypress' property without any obligation to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from Cypress for the Feedback under any circumstances.
10. Right to Derive Revenue/Advertisements.
Except for Your User Content subject to Section 8(b) above, you agree that Cypress may derive revenue and/or other remuneration from Your User Content that you Make Available via the Services without payment to you. For example, Cypress may display Cypress and/or third party paid advertisements and/or other information adjacent to or included with the Services and adjacent to or in connection with Your User Content, and you agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of advertising or other revenue generating models pursued by Cypress on or in conjunction with the Services and/or Your User Content are subject to change without specific notice to you.
11. Links to Third Party Sites.
The Web Site, Services and Materials may include links that will take you to other sites outside of this Web Site("Linked Sites"). The Linked Sites are provided by Cypress to you as a convenience and the inclusion of the links does not imply any endorsement by Cypress of any Linked Site. Cypress has no control of the Linked Sites and you agree that Cypress is not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.
12. Modifications to Site, Services and Materials.
Cypress may at any time and from time to time modify or discontinue, temporarily or permanently, the Web Site, Services, or Materials, or any portion thereof, with or without notice. You agree that Cypress shall not be liable to you or any third party for any modification, suspension or discontinuance of the Web Site, Services, or Materials.
a. The Terms will continue to apply until terminated by either you or Cypress as set forth below.
b. If you want to terminate your agreement with Cypress, you may do so by (i) notifying Cypress at any time and (ii) closing you r accounts for all of the Services or Materials that you use, where Cypress has made this option available to you. Your notice should be sent, in writing, to Cypress' address set forth below.
c. Cypress may at any time terminate its agreement with you if:
i. You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
ii. Cypress is required to do so by Law (for example, where the provision of the Web Site, Services or Materials to you is, or becomes, unlawful);
iii. The provision of the Services to you by Cypress is, in Cypress' opinion, no longer commercially viable;
iv. Cypress has elected to discontinue the Web Site, Services or Materials (or any part thereof); or
v. There has been an extended period of inactivity in your account.
d. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account may include: (i) removal of access to all offerings within the Services; (ii) deletion of Your User Content and Account Information, including your personal information, log-in ID and password, and all related information, files and Materials associated with or inside your account (or any part thereof); and (iii) barring of further use of the Services.
e. You agree that all terminations for cause shall be made in Cypress' sole discretion and that Cypress shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the Web Site, Services and Materials, including Your User Content.
f. Upon expiration or termination of the Terms, you shall promptly discontinue use of the Web Site, Services and Materials. However, Sections 3, 13, 14, 16, 19, 20 and 21 will survive any termination or expiration of the Terms.
14. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE WEB SITE, SERVICES AND MATERIALS ARE PROVIDED BY CYPRESS "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CYPRESS MAKES NO WARRANTY THAT (I) THE WEB SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEB SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEB SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CYPRESS OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
b. CYPRESS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THIS WEB SITE AND MATERIALS, OR YOUR PARTICIPATION IN ANY SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. CYPRESS ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THIS WEB SITEOR ANY OF THE SERVICES.
c. CYPRESS DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. CYPRESS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
d. MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED CYPRESS SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF CYPRESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. CYPRESS ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
e. CYPRESS WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THIS WEB SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
f. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. International Users.
a. This Web Site can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that Cypress intends to announce such Services or Materials in your country.
b. This Web Site is controlled, operated and administered by Cypress from its offices in the United States of America. Cypress makes no representation that the Web Site, Services or Materials are appropriate or available for use at other locations outside the United States, and access to this Web Site from jurisdictions where the Web Site, Services or Materials are illegal is prohibited. Cypress reserves the right to block access to the Web Site, Services or Materials by certain international users. If you access this Web Site from a location outside the United States, you are responsible for compliance with all local Laws.
16. Limitation of Liability.
a. IN NO EVENT SHALL CYPRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF CYPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEB SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE CYPRESS' LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF CYPRESS OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
b. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
17. Notification of Copyright Infringement.
a. Cypress respects the Intellectual Property Rights of others and expects its users to do the same. Cypress will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification.
b. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on this Web Site, on sites linked to or from this Web Site, or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) of claimed copyright infringement to Cypress' Legal Department (contact information below), which must contain all of the following elements:
i. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
ii. A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
iii. A description of where the content that you claim is infringing is located on this Web Site;
iv. Information sufficient to permit Cypress to contact you, such as your physical address, telephone number and e-mail address;
v. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
vi. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the "fair use" doctrine, as you could be liable for costs and attorneys' fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney before you file your notice or consult publicly available reference materials.
c. If you believe access to your content was disabled or removed by Cypress as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) to Cypress' Legal Department (contact information below), which must contain all of the following elements:
i. A physical or electronic signature of the subscriber;
ii. Identification of the material that was removed from this Web Site and the location of this Web Site on which the material appeared before it was removed;
iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
iv. Information sufficient to permit Cypress to contact you, such as your physical address, telephone number and e-mail address; and
v. A statement that you consent to jurisdiction of the Federal District Court located in Santa Clara County, California, and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.
Before you file such a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys' fees in the event that a court determines your counter-notification misrepresented that the material was removed by mistake. If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney.
d. Cypress' Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Cypress Semiconductor Corporation
198 Champion Court
San Jose, CA 95134
By fax: (408) 545-6911
e. We will not remove content from this Web Site in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on this Web Site or on sites linked to or from the Web Site, or in connection with the Services or Materials. All other inquiries directed to the Legal Department will not be responded to. Such inquiries should be made through the feedback procedure referenced in Section 9 or the report abuse procedure referenced in Section 21(h).
18. Export Control Laws.
You acknowledge and agree that products, services or technology provided by Cypress are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Cypress products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
19. Indemnity and Liability.
You agree to indemnify and hold Cypress and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your User Content, your use of the Web Site, Services or Materials, your connection to the Web Site, Services or Materials, the actions of any member of your Group, your access to or use of Linked Sites and your connections therewith, any claim that Your User Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Web Site, Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
20. Resolution of Disputes.
a. All matters relating to your access to, or use of, the Web Site, Services or Materials shall be governed by the Laws of the State of California, without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against Cypress must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California, for the purpose of litigating such claims or disputes. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
b. All claims you bring against Cypress must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, Cypress may recover attorneys' fees and costs, provided that Cypress has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
c. Notwithstanding the foregoing, in the event of your or others' unauthorized access to or use of this Web Site, Services or Materials in violation of the Terms, you agree that Cypress shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
a. Any notice provided to Cypress pursuant to the Terms should be sent to Legal Department, Cypress Semiconductor Corporation, 198 Champion Court, San Jose, CA 95134.
b. It is the express wish of the parties that the Terms, any Additional Terms and all related documents have been and will be drawn up and provided in English.
c. Cypress may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on this Web Site or within the Services, or other reasonable means now known or hereafter developed.
d. The Terms constitute the entire agreement between Cypress and you with respect to your access to or use of the Web Site, Services and Materials and supersede any prior agreements between you and Cypress on such subject matter.
e. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without Cypress' written consent.
f. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
g. Any failure by Cypress to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
h. Please report any violations of the Terms via the report abuse mechanism offered in conjunction with the specific Service in which the alleged violation occurs.
22. Performance Information.
Performance tests and ratings are measured using specific computer systems and/or components and reflect the approximate performance of Cypress' products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. Buyers should consult other sources of information to evaluate the performance of systems or components they are considering purchasing.
23. Cypress Patents.
Cypress reserves the right to make product changes, at any time, in order to improve reliability, function or design so as to supply the best product possible. Cypress does not assume responsibility for the use of any circuitry embodied in its products other than in accordance with Cypress' written instructions. Cypress devices and products are protected under one or more U.S. and foreign patents and patents pending as indicated in the respective Materials and Services.
Cypress assumes no responsibility for customer product designs and assumes no responsibility for infringement of patents or rights of others by those product designs that may result from Cypress assistance, and no product licenses are granted or implied.
Cypress products are not intended for use in life support appliances, devices, or systems. Use of a Cypress product in such applications without the express prior consent of Cypress is prohibited.
24. Applicable Law.