- General Use Restrictions
- Use of SEMI Online Communities
- Links to Third Party Sites
- Password Restricted Areas of the Site
- Disclaimer of Warranty
- Limitation of Liability
- Local Laws; Export Control
- Copyrights and Designated Agent for Notification of Claims of Infringement
- Copyright Notice
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF SEMICONDUCTOR EQUIPMENT AND MATERIALS INTERNATIONAL ("SEMI"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED HEREIN.
General Use Restrictions
All information, documents, products and services provided on this Site (the “Materials”) are provided by SEMI or its respective members, manufacturers, developers and vendors (the “Third Party Providers”), and are the copyrighted work of SEMI and/or the Third Party Providers, as applicable.
SEMI and its licensors grant to you the limited right to display, copy, distribute and download the Materials on this Site, provided that: (1) both SEMI copyright notice (set forth below) and this permission notice appear in the Materials, (2) such copies are solely for your personal or internal informational use (for example, not copied or posted, broadcast in any media or otherwise redistributed). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials. In addition, you agree not to “frame” or “mirror” any Materials contained on this Site on any other server without the advance written authorization of SEMI. The limited license set forth herein terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Materials. Inquiries regarding all other uses of the Materials should be made by calling 408.943.6938.
Except as stated herein, you agree that you have no right, title or interest in or to the Materials, without the advance written authorization of SEMI or the applicable Third Party Provider. You further agree that no part of the Site, including trademarks, logos, graphics or images, may be copied or retransmitted in any way, in whole or in part, without the advance written authorization of SEMI.
Third Party Content Disclaimer
You acknowledge that the Materials provided by Third Party Providers have not been independently verified or authenticated in whole or in part by SEMI, and agree that SEMI does not and shall not provide, sell, license, or lease any of the Materials, except as expressly set forth herein. Specifically, stock quotes and historical data regarding the stock performance and other financial data regarding certain companies (collectively, the “Financial Information”) are not reviewed by SEMI prior to posting on the Site. You acknowledge that the Financial Information is for informational purposes only, is subject to market fluctuations (subject to a delay of no less than a 15 or 20 minutes) and is based on the latest quotes provided by Third Party Providers. You acknowledge and agree that the Financial Information is not intended to be relied upon for transactional purposes. Reference to any specific commercial products, process, or service by tradename, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by SEMI. The views and opinions of authors expressed herein do not necessarily state or reflect those of SEMI.
You acknowledge that SEMI is not obligated to monitor any transmissions that occur over the Site or “chat room” messages posted to the Site, and you expressly agree that SEMI shall have no liability of any kind for any such transmissions or messages. If you believe that a transmission or message on the Site violates any applicable laws, you may forward the relevant transmission or message to SEMI at firstname.lastname@example.org, and SEMI will review the transmission or message, and respond accordingly.
In your use of the Site, you may enter into correspondence with or participate in promotions of advertisers, members or sponsors showing their goods and/or services on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and/or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the applicable third party. You agree that SEMI assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
Use of SEMI Online Communities
By accessing and participating in any of SEMI’s Online Communities, you agree: (1) to comply with U.S. law regarding the transmission of technical data to outside the United States; (2) not to use the SEMI Online Communities for illegal purposes; (3) not to interfere or disrupt networks connected to the SEMI Online Communities; (4) to comply with all regulations, policies and procedures of networks connected to the SEMI Online Communities; and (5) not to use the SEMI Online Communities to collect or harvest personal information, including, without limitation, financial information, about other users of the SEMI Online Communities.
You agree not to transmit through the SEMI Online Communities any unlawful, harassing, discriminatory, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You agree not to send transmissions through the SEMI Online Communities which attempt to hide your identity or represent yourself as someone else. If any information provided by you to the SEMI Online Communities is found to be incomplete or inaccurate, SEMI retains the right to terminate your rights to use the SEMI Online Communities. You will not interfere with another member’s use and enjoyment of the SEMI Online Communities or another entity’s use and enjoyment of similar services.
In addition to any other termination rights, SEMI may, at its sole discretion, immediately terminate your access to the SEMI Online Communities should your conduct fail to conform with any term or condition of this Agreement.
It is the user’s responsibility to take precautions to ensure that any information shared in the SEMI Online Communities is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Links to Third Party Sites
This Site may be linked to other sites on the World Wide Web or the Internet which are not under the control of or maintained by SEMI. Such links do not constitute an endorsement by SEMI of those sites. You acknowledge that SEMI is providing these links to you only as a convenience, and agree that SEMI is not responsible for the content of those sites.
Password Restricted Areas of the Site
Certain areas of the Site are password restricted. You agree that you are entirely responsible for maintaining the confidentiality of your or your employees’ password and account information, if any, and agree to notify SEMI if the password is lost, stolen, disclosed to an unauthorized third party, or is otherwise compromised. You agree that you are entirely responsible for any and all activities which occur under your account. You agree to immediately notify SEMI of any unauthorized use of your account or any other breach of security known to you.
Disclaimer of Warranty
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS ON THE SITE ARE PROVIDED “AS IS”, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. SEMI, FOR ITSELF AND EACH OF THE THIRD PARTY PROVIDERS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE SITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE THIRD PARTY PROVIDERS OF SUCH MATERIALS. THE THIRD PARTY PROVIDERS OF SUCH MATERIALS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEMI SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL SEMI BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF SEMI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST SEMI FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
YOU AGREE TO HOLD SEMI ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE SEMI, OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, FOR, ANY CLAIMS RELATED TO THE SITE.
Local Laws; Export Control
SEMI controls and operates this Site from its headquarters in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Site from outside the United States of America, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries in relation to the Materials.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
You acknowledge and agree that Materials may be subject to the U.S. Export Administration Laws and Regulations, and that diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the U.S. Government for such purposes. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
You acknowledge and agree that this Site may include certain inaccuracies or typographical errors which may affect the quality of the Materials. In addition, you agree that SEMI and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Site, if any, at any time without notice, and further agree that SEMI can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Site constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of SEMI to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SEMI in writing. The Terms comprises the entire agreement between you and SEMI and supersede all prior or contemporaneous agreements between the parties regarding the subject matter contained herein.
Copyrights and Designated Agent
For Notification of Claims of Infringement
SEMI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and posted on this Site in a way that constitutes copyright infringement, please provide SEMI’s Designated Agent the following information:
1. SEMI’s Policy Concerning Claims of Infringement
a. Written Notice of Copyright Claims
Claims of infringement should be in writing and should be directed to SEMI’s designated agent as specified below. Please include the following information:
1. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
b. SEMI’s Designated Agent for Notice of claims of copyright infringement:
3081 Zanker Road
San Jose, CA 95134
2. SEMI’s Policy Concerning Repeat Infringers
Under the appropriate circumstances, it is SEMI’s policy to remove and/or to disable access from SEMI to web pages of repeat infringers, to terminate subscribers and account holders who are repeat infringers, and to remove and/or to disable access from SEMI to web pages as to which there have been steps taken for the purpose of affecting SEMI’s search results such as adding inappropriate “meta-tags.”
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