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Terms of Use for eSilicon Corporation World Wide Web Site

These Terms of Use ("Terms of Use") govern your access to and use of eSilicon Corporation's website (the "Website"), any information, text, graphics or other materials appearing on the Website (the "Content") and any services provided through the Website (the "Services"). Your access to and use of the eSilicon Corporation ("eSilicon") Website, Content and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Website, Content and/or Services, or by registering on the Website, you agree that (a) you have read and familiarized yourself with the Terms of Use, (b) you understand the Terms of Use, and (c) your use of the Services and the Website will be in accordance with the Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Website, Content or Services.

1. eSilicon Corporation Property

All right, title and interest in and to the Website, Content and Services are and will remain the exclusive property of eSilicon and its licensors. The trademarks, logos and service marks ("Marks") displayed on the Website are the property of eSilicon and other parties. Display or use of any Marks found on this Website without the express written permission of eSilicon or such third party is prohibited. The Website, Content and Services are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly permitted in these Terms of Use, you are prohibited from modifying, copying, distributing, transmitting, publicly displaying, publicly performing, transferring, publishing, selling, licensing, creating derivative works based upon or otherwise using the Website, Content or Services for commercial or public purposes. You may not copy or modify the HTML code used to generate web pages on the Website. Except as expressly permitted by eSilicon, you may not use the Website, Content or Services on or in connection with any other website, for any purpose.

2. User Information

You may provide information to eSilicon during the registration process and during the course of the use of the Website, Content and Services ("User Information"). You agree and warrant that: (a) all User Information is accurate and complete at the time of registration and (b) you will update the User Information such that the User Information will at all times be current, accurate and complete. You grant to eSilicon a non-exclusive, royalty-free license to use the User Information in connection with eSilicon's provision of the Services, subject to the terms of the eSilicon Corporation Privacy Policy.

3. User Conduct

You represent, warrant and covenant that your use of the Website, Content and Services will not:

  1. Violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
  2. 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;
  3. 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;
  4. Interfere with or disrupt the use of the Website, Content or Services by any other user;
  5. 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);
  6. 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;
  7. Use the Website, Content or Services in such a manner as to gain unauthorized entry or access to the computer systems of others;
  8. 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
  9. 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

eSilicon will treat any feedback or suggestions you provide to eSilicon as non-confidential and non-proprietary. Thus, please do not submit confidential or proprietary information to us except through our secured eSilicon Access site where such submissions WILL be treated as confidential and proprietary. The terms and conditions of the eSilicon Privacy Policy and eSilicon Security Policy are incorporated by reference into these Terms of Use. You are encouraged to review periodically the eSilicon Privacy Policy and eSilicon Security Policy posted on the Website.

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

eSilicon reserves the right to store information on your computer in the form of a "cookie" or similar file for purposes of helping you navigate the Website, providing information that is targeted to your interests and modifying the Website to reflect the preferences of you and other users. You are free to decline eSilicon's cookies if your browser permits, but some parts of the Website then may not work properly. The eSilicon Corporation Privacy Policy provides additional information regarding eSilicon use of cookies.

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

9. Changes to Terms of Use

eSilicon reserves the right to revise these Terms of Use at any time, at eSilicon's sole discretion, without notice. You are encouraged periodically to review the Terms of Use posted on the Website. Use of the Website, Content or Services constitutes acceptance of the Terms of Use, including any modifications thereto, and users are deemed to be apprised of and bound by any changes to these Terms of Use. Additionally, all promotions references on this Website are subject to availability and inventory. eSilicon reserves the right to change, alter or cancel promotions at any time without prior notice .

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.

11. Indemnification

You will defend, indemnify and hold harmless eSilicon, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (collectively, "Indemnified Parties"), from and against any claims, losses, damages, liabilities, judgments, fees and expenses related thereto (including, without limitation, reasonable attorney' fees) incurred by any of the Indemnified Parties arising from or related to: (a) the use of the Website, Content or Services by you, (b) any breach or violation of these Terms of Use by you and (c) any breach of any of your representations, warranties and covenants.

12. Limitation of Liability

IN NO EVENT WILL ESILICON BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL, OR LOST SALES. IN NO EVENT WILL ESILICON’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR THE USE OF THE WEBSITE, CONTENT OR SERVICES EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID BY YOU TO ESILICON, OR, IF NO AMOUNTS HAVE BEEN PAID BY YOU, ONE HUNDRED DOLLARS ($100.00).

THE FOREGOING LIMITATION WILL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

13. Termination

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

You and eSilicon are independent contractors. Neither party is an agent, representative, broker, employee, or partner of the other party. These Terms of Use will not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either party.

15. Choice of Law

These Terms of Use, and all questions with respect to the interpretation of these Terms of Use, will be governed by and construed in accordance with the internal laws of the State of California and without regard for conflict of laws provisions. You expressly consent to personal and exclusive jurisdiction in the federal and state courts located in the Northern District of California.

16. Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use will continue in full force and effect.

17. Waiver

The failure of eSilicon to exercise or enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

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

These Terms of Use constitute the entire and exclusive agreement between eSilicon and you with respect eSilicon's provision of the Services and your access to and use of the Website, Content and Services and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.