1. eSilicon Corporation Property
2. User Information
3. User Conduct
You represent, warrant and covenant that your use of the Website, Content and Services will not:
- Violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
- Impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity, or forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;
- Upload, post, transmit, publish, or distribute any material or information that infringes, violates, or breaches the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- Interfere with or disrupt the use of the Website, Content or Services by any other user;
- Upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, or other unsolicited communications (except as may be permitted by the use of the Website, Content or Services as provided for herein);
- Upload, post, transmit, publish, or distribute any material or information that contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Website, Content or Services, or that of other computer systems;
- Use the Website, Content or Services in such a manner as to gain unauthorized entry or access to the computer systems of others;
- Upload, post, transmit, publish or distribute any material or information that is unlawful, constitutes or encourages conduct that would constitute a criminal offense, gives rise to other liability, or that may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
- Reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Website, Content or Services, or any component thereof.
4. No Warranties
The Website, Content, and Services and all tools, software, technology, content, materials and information accessed through the Website or Services are provided to you on an "as is, "where is" and "as available" basis, without representation or warranty of any kind, either express or implied, and eSilicon expressly disclaims any implied warranties of non-infringement, merchantability or fitness for a particular purpose. eSilicon does not warrant that the Website, Content or Services will be timely, secure, uninterrupted or error free, or that defects will be corrected. The Content, Services, information, software, products and descriptions of services published on the Website or a site linked to the Website (a "Linked Site") may include inaccuracies or typographical errors, and eSilicon specifically disclaims any liability for such inaccuracies or errors. eSilicon makes no warranty that the Website, Content or Services will meet your requirements. If you are dissatisfied with the Website, Content or Services, your sole remedy is to discontinue use of the Website, Content or Services. No advice or information, whether oral or written, obtained by you from eSilicon or through the Website or Services will create any warranty not expressly made herein. eSilicon does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, information or statement made through a site linked to the Website (a "Linked Site") or the capabilities or reliability of any Linked Site or product or service obtained from a Linked Site.
5. Confidentiality of User Communications
6. Linked Sites
eSilicon prohibits caching and the framing of any Content available through this Website. eSilicon reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the content available on any Linked Sites. The Website, Content and Services may provide links to Linked Sites or services of others. Links to Linked Sites do not constitute an endorsement by eSilicon of such Linked Sites, or the products, content, materials or information presented or made available by such Linked Sites. Access to any other internet sites linked to the Website is at your risk, and you acknowledge and agree that eSilicon is not responsible for any damages or losses caused or alleged to have been caused by the use of any Linked Sites, or from the products, content, material or information presented by or available through such Linked Sites
User should be aware that linked sites might contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the eSilicon Website. eSilicon is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
7. Use of "Cookie" File Features
8. Changes to Website, Content or Services
You acknowledge and agree that eSilicon may change, suspend or discontinue any aspect of the Website, Content or Services or impose limits on certain features of the Website, Content or Services, at any time, without notice and without liability to you or to any third party
10. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution. You are solely responsible for maintaining the confidentiality of your user name and password. You agree that you will immediately notify eSilicon in writing or by electronic mail of any unauthorized use of your user name or password.
12. Limitation of Liability
THE FOREGOING LIMITATION WILL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
eSilicon expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Website, Content or Services by any person or entity, at the sole and absolute discretion of eSilicon.
14. No Relationship
15. Choice of Law
18. Public Statements
All statements by eSilicon and its employees made in press releases, news articles or elsewhere are made as of the date of the applicable item only, and eSilicon has no duty or obligation to update such information.
19. Entire Agreement