Terms & Conditions
Below are Cypress's Purchase Order Terms and Conditions (the terms that apply when Cypress purchases products and services) and Sales Terms and Conditions (the terms that apply when Cypress sells products and services).
Sales Terms and Conditions (effective as of January 24, 2014)
Sales Terms and Conditions (effective prior to January 24, 2014)
Purchase Order Terms and Conditions (effective February 11, 2013)
Purchase Order Terms and Conditions (effective December 4, 2009 to February 10, 2013)
Purchase Order Terms and Conditions (effective prior to December 4, 2009)
Cypress.com Terms of
1. Acceptance of Terms
- You are not authorized to use or access
the Cypress Semiconductor Corporation ("Cypress") Web Site without
constitutes your acceptance of these Terms and Conditions, as well
as your waiver of any and all claims against Cypress, its
subsidiaries, affiliates, contractors, agents, officers, directors
or employees arising out of your use of this Web Site in any way,
including using, transmitting, downloading, or uploading any of the
services, accessing developer tools, communication or design forums
and product information or functionality ("Services") or Materials
contained on this Web Site, or by merely browsing the Web Site.
"Materials" include, without limitation, files, code and associated
documentation, software, data, tools, information, opinions,
recommendations, documents, photographs, graphics, audio, webcasts,
logos, icons, graphics, intellectual property elements, comments,
and other information in each case made available or enabled by
Cypress or other users ("Users") of the Web Site.
- Cypress makes certain Services and Materials available only if
you have paid a fee or have created a Cypress ID and password or
other login ID and password (collectively, "Account Information").
Some Services may also be subject to a subscription or other
agreement, posted guidelines, rules, or terms of service
("Additional Terms"). If there is any conflict between these Terms
of Use and the Additional Terms, the Additional Terms take
applicable Additional Terms are referred to herein as the "Terms".
may change the Terms from time to time at its sole discretion,
including by imposing a charge for access to or use of a Service.
If such changes are made, Cypress will make a new copy of the Terms
of Use available at this Web Site, with any new Additional Terms
made available to you from within or through the affected Service.
Cypress may require you to provide consent to the updated Terms in
a specified manner before further use of the Services is permitted.
Otherwise, your continued use of this Web Site or any affected
Service constitutes your acceptance of the changes. Your use of
this Web Site, Materials and Services is subject to the most
current version of the Terms posted on the Web Site, or within or
through the affected Service, at the time of such use. Please
regularly check this Web Site to view the then-current Terms.
- Services and Materials provided by third parties are
governed by separate agreements accompanying such Services and
2. Use of Web Site, Services and Materials.
- You agree to adhere to all limitations on
dissemination, use and reproduction of any Materials that you
download or access from the Web Site.
- 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.
- 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.
- 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").
- You agree not to access or attempt to
access the Services by any means other than the interface provided
- 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.
- 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.
- 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.
- 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.
- 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
- 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:
may access and use the Cypress Content and User Content solely for
personal, informational, non-commercial and internal purposes, in
accordance with the Terms
- You may not modify or alter
the Cypress Content or User Content
- You may not
distribute or sell, rent, lease, license or otherwise make the
Cypress Content or the User Content available to others; and
You may not remove any text, copyright or other proprietary notices
contained in the Cypress Content or User Content.
- 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.
- 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.
- Software is subject to the additional
provisions governing Software set forth herein.
- 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
6. User Conduct.
- 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.
- You represent and warrant that:
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
- you have
the rights necessary to grant the license and sublicenses described
in the Terms
- 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.
- 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.
- You agree not to use, or to encourage or permit others to use,
this Web Site or Services to:
- 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
- Stalk, intimidate and/or harass another
- Incite others to commit violence
- Harm minors in any way
- Make Available any Material that
you do not have a right to Make available under any Law or
contractual or fiduciary relationship
- Make Available any
Material that infringes any Intellectual Property Right of any
- Impersonate any person or entity, or falsely
state or otherwise misrepresent your affiliation with a person or
- Forge headers or otherwise manipulate
identifiers to disguise the origin of any of Materials posted on or
transmitted through the Services
- 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
- Engage in any chain letters, contests, junk
email, pyramid schemes, spamming, surveys or other duplicative or
unsolicited messages (commercial or otherwise)
- Use any
Cypress domain name as a pseudonymous return email address
- 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
- 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
- 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
- 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
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
- 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
- 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
- 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
- Use any data mining, robots, or
similar data gathering and extraction methods in connection with
the Web Site, Services or Materials.
- 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.
- 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
- comply with
applicable Law, legal process or governmental request
- respond to any claims that Your User Content
violates the Terms or rights of third parties
- respond to
requests for customer services
- 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.
- 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
- The terms of Section 8(a) shall not apply to Your User Content:
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
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
- 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.
- 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.
- The Terms will continue to apply until
terminated by either you or Cypress as set forth below.
- If you want to terminate your agreement
with Cypress, you may do so by
- notifying Cypress at any time
- 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.
- Cypress may at any time terminate its agreement with you if:
- 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)
- 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)
provision of the Services to you by Cypress is, in Cypress'
opinion, no longer commercially viable
- Cypress has
elected to discontinue the Web Site, Services or Materials (or any
- There has been an extended period of
inactivity in your account
- Except as may be set forth in
any Additional Terms applicable to a particular Service,
termination of your account may include:
- removal of access to
all offerings within the Services
- 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
- barring of further use of the Services.
- 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
- 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:
- 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
- THE WEB SITE, SERVICES OR MATERIALS WILL
MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE WEB SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR
- THE QUALITY OF THE WEB SITE, SERVICES OR MATERIALS
WILL MEET YOUR EXPECTATIONS; OR THAT
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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
16. Limitation of Liability.
- 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.
- 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.
- 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
- 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:
- 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
- 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
description of where the content that you claim is infringing is
located on this Web Site
- Information sufficient to
permit Cypress to contact you, such as your physical address,
telephone number and e-mail address
- 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
- 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.
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
- 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:
- A physical or electronic signature
of the subscriber
- 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
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
- Information sufficient to permit Cypress to
contact you, such as your physical address, telephone number and
e-mail address and
- 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
- Cypress' Copyright Agent for notice of claims of copyright
infringement can be reached as follows:
198 Champion Court
Jose, CA 95134
By fax: (408) 545-6911
- We will not remove content from this Web
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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
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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
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
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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- You may not assign or otherwise transfer
the Terms, or any right granted hereunder, without Cypress' written
- 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.
- 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.
- 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
24. Applicable Law.
construed and enforced in accordance with, applicable United States
Federal laws and the laws of the state of California, U.S.A.
Disputes arising herefrom are subject to the exclusive jurisdiction
of the Federal and state courts located in Santa Clara County in
the state of California, U.S.A.
Patents of Cypress Semiconductor Corporation
Cypress products, software and other technologies are protected by trade secret and/or over 1950 U.S. and international patents. A search of our currently disclosed U.S. patents and approximately 850 pending patent applications can be found at: http://www.uspto.gov/patents/process/search.
Registered Trademarks of Cypress Semiconductor Corporation (alphabetical order) 
 This list may not be complete at all time as the Company reserves the right to seek registered trademark protection for any of its common law marks, services marks, mask sets, logos or other intellectual property assets that qualify for trademark protection.
AgigA (registered trademark of AgigA Tech, Inc. subsidiary)
AGIGACAP (registered trademark of AgigA Tech, Inc. subsidiary)
AGIGARAM (registered trademark of AgigA Tech, Inc. subsidiary)
AGIGA TECH Design (registered trademark of AgigA Tech, Inc. subsidiary)
Cypress Tree Design
Cypress (& Tree Design)
Cypress Perform (& Tree Design)
Enhanced (& Design)
Making USB Universal
PowerGEM (registered trademark of AgigA Tech, Inc. subsidiary)
PSoC Circuit Design
Trademarks of Cypress Semiconductor Corporation (alphabetical order) 
 This list may not be complete at all times as the Company reserves the right to seek registered trademark protection for any of its common law marks, services marks, mask sets, logos or other intellectual property assets that qualify for trademark protection.
By Engineers. For Engineers.
Deep Sync II
Deep Sync 36
EZ-USB AT2LPTM L8
EZ-USB SX2LPTM L8
More Battery Life
No Bus Latency
Quad Data Rate
Universal Bus Logic
Zero Bus Latency