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Website Terms and Conditions

Website Terms and Conditions for www.microchip.com and linked sites (hereinafter “Terms of Use”)

INTENDED AUDIENCE/USE: Microchip Technology Incorporated ("Microchip") a Delaware, U.S.A. company provides this website (the "Site") to you, subject to these Terms of Use. The Terms of Use may be updated by Microchip from time to time without notice to you. You can review the most current version of the Terms of Use at: [http://www.microchip.com/legal]. This Site and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on this Site (collectively "Content"), is intended for the lawful use of Microchip’s customers, employees and members of the general public who are over the age of 13, and citizens of the United States or Canada. Microchip operates and controls this Site from its offices within the United States. Microchip makes no representation that the Content is appropriate or available for use in other locations, and access to the Site from territories where the Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Some Content from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (1) into, or to a national or resident of, any country to which the United States has placed an embargo; (2) to anyone on the United States Treasury Department's Specially Designated Nationals list; or (3) the United States Commerce Department's Table of Denial Orders. Microchip is not and cannot be liable for any third party use of its Content from this Site, in violation of any applicable law.

 

You acknowledge that Microchip reserves the right in its sole discretion to refuse or terminate your access to the Site or to terminate any licenses granted hereunder at any time. The indemnities, obligations of confidentiality, and limitations on liability described herein, and any right of action for breach of these Terms of Use arising prior to termination will survive such termination.

 

GOVERNING LAWS / EXCLUSIVE JURISDICTION: Any claim relating to use of this Site and/or its Content, unless otherwise expressly stated by Microchip (e.g. Microchip’s Terms and Conditions of Sale), shall be governed by the laws of the State of Arizona without regard to any conflicts of laws provisions. The federal and state courts of the state of Arizona shall have exclusive jurisdiction to adjudicate any dispute arising out of use of this, or in any way relating to this Site and its Content (unless otherwise expressly stated by Microchip [e.g. in Microchip’s Terms and Conditions of Sale]). By using this Site, you expressly consent to: (i) the personal jurisdiction and venue of the courts of Arizona and (ii) service of process being effected upon you by registered mail or electronic communication if we do not have a postal address for you.

 

ACCEPTANCE OF TERMS: You acknowledge you have read, and agree to be bound by these Terms of Use as well as our Privacy Policy, posted on this Site. Microchip reserves the right to make changes to our Site, Privacy Policy and these Terms of Use at any time without notice to or approval by you. No modifications made to these terms by you will be binding unless signed by an authorized representative of Microchip. To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. No waiver of any of these terms is effective unless stated in a writing signed by Microchip. You agree to comply with all applicable laws and regulations, including without limitation, limitation of liability, jurisdiction, and U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO OUR TERMS OF USE AND PRIVACY POLICY, DO NOT USE THE SITE.

 

ELECTRONIC COMMUNICATIONS: Visiting our Site or sending us an e-mail is an electronic communication. You consent to receive electronic communications from us through e-mail and website postings. You agree that such electronic communications satisfy any legal requirement that agreements, notices, disclosures, or other communications be in writing.

 

OWNERSHIP OF INFORMATION: The contents of the Site and translated versions are copyrighted  Microchip Technology Incorporated, USA. No licenses are conveyed under any intellectual property rights, unless expressly stated in writing by Microchip. The information contained on this Site, including images hereon, is copyrighted and may not be distributed, modified, reproduced in whole or in part, without the prior written permission of Microchip, except as listed below:

 

CONTENT: Any person is authorized to print out or store Content on a single computer for personal use with Microchip products or to make copies of Content on this web page for personal use with Microchip products, provided that the Content contains Microchip’s copyright notice, and that they are not otherwise prohibited from using the Content found on this Site by any law or regulation of the United States or other territories where such use is prohibited. This license does not include permission to sell Content; collection or use of product listings or descriptions; derivative use of this Site or its Contents; or use of data mining, robots or similar data gathering and extraction tools. You may not frame or use framing techniques to enclose any Trademark or other proprietary information images, text, or layout of Microchip without our express written consent. You may not use meta tags or hidden text including our company name or Trademarks without our express written consent. Any unauthorized use or breach of these Terms of Use automatically terminates the license granted hereunder without notice and you must stop use of and destroy all copies of the Content. A limited, revocable, nonexclusive right to create a hyperlink to any page or our Site is given so long as you do not show Microchip or our products in a derogatory, offensive, misleading or false manner which shall be determined solely by Microchip. You may not use our trademarks as part of the link without our express written permission.

 

MICROCHIP SOFTWARE: Use of software including, but not limited to, source code from the Site (the “Software”) is subject to the copyright notices, disclaimers, and any license terms accompanying such Software, whether set forth at the install of each program or posted in a header or text file. If such notices or terms accompany the Software, then in addition to these Terms of Use the terms set forth below shall apply:

 

Microchip or its licensors retain all ownership and intellectual property rights in the Software, the underlying technology, and in all derivatives thereto (by whomever produced). You may use the Software, and any derivatives created by any person or entity by or on your behalf, exclusively with Microchip’s products. You agree that you are solely responsible for testing the Software and determining its suitability. Microchip has no obligation to modify, test, certify, provide maintenance or support the Software.

 

SOFTWARE MODIFIED BY MICROCHIP: If you use this Site to give Microchip access to such software and Microchip modifies such software (the “Modified Software”) at your request, then Microchip’s copyright notice, disclaimer, and any license terms that accompany such Modified Software shall apply. If no such notices or terms accompany the Modified Software, then the terms set forth below shall apply:

You agree that you are solely responsible for testing the Modified Software and determining its suitability. Microchip has no obligation to modify, test, certify, or support the Modified Software.

 

Software Related Disclaimers and Limitation on Liability: The Disclaimer of Warranties and Limitation on Liability of these Terms of Use shall apply to Microchip Software and Modified Software; provided, however, that the following cap on liability shall apply to such software:

 

TO THE FULLEST EXTENT ALLOWABLE BY LAW, MICROCHIP’S TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PRICE YOU PAID DIRECTLY TO MICROCHIP SPECIFICALLY TO ACCESS THE SOFTWARE OR HAVE YOUR SOFTWARE DEVELOPED OR MODIFIED.

 

OPEN SOURCE COMPONENTS: Notwithstanding the software licenses granted in these Terms of Use, you acknowledge that certain components of software may be covered by so-called “open source” software licenses (“Open Source Components”), which means any software licenses approved as open source licenses by the Open Source initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. To the extent required by the licenses covering Open Source Components, the terms of such license will apply in lieu of the software license grants in these Terms of Use. To the extent the terms of the licenses applicable to Open Source Components prohibit any of the restrictions in these Terms of Use with respect to such Open Source Component, such restrictions will not apply to such Open Source Component.

 

PATENTS: The products sold by Microchip are covered by intellectual property rights, including patents. Microchip defends its intellectual property rights. Click here for a list of Microchip issued patents . The absence of a patent from this list does not constitute a waiver of Microchip’s rights concerning that patent.

 

TRADEMARKS AND LOGOS: The trademarks, service marks, and logos (the "Trademarks") displayed and used on this Site, including, but not limited to, "MICROCHIP®", "M" logo, "PIC®", and “PICmicro®” are registered and unregistered trademarks of Microchip. The absence of a Trademark from this list does not constitute a waiver of Microchip’s trademark or other intellectual property rights concerning that trademark. Fair use of Microchip’s Trademarks to refer to Microchip products requires obvious acknowledgement of Microchip’s ownership of the Trademarks in the document or publication. Any other use of a Trademark publicly may only be undertaken with advance written permission from Microchip. Nothing on this Site should be construed as granting any license or right to use any Trademark without the written permission of Microchip.

CONFIDENTIALITY: You agree that any non-public Content received by you from Microchip is proprietary information belonging to Microchip and its licensors (“Proprietary Information”). Except as expressly and unambiguously allowed by the license or in these Terms of Use, you will hold in confidence and not use or disclose any Proprietary Information and will similarly bind your employees and relevant Third Party(ies) in writing. If you are required to disclose Proprietary Information by law, court order, or government agency, you will: (1) assert its confidential nature, (2) give Microchip prompt notice of such requirement to disclose; and (3) cooperate fully with Microchip in protecting against such disclosure. You agree that the provisions of these Terms of Use regarding unauthorized use and nondisclosure of the Proprietary Information are necessary to protect the legitimate business interest of Microchip and its licensors and that monetary damage alone cannot adequately compensate Microchip or its licensors if such provisions are violated and so Microchip will have the right to injunctive relief in addition to all other remedies at law or in equity.

 

DISCLAIMER OF WARRANTY: THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. MICROCHIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS OR ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE. MICROCHIP AND ITS SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR APPLICATION OF THE CONTENT ON THIS SITE, INCLUDING THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE CONTENT. MICROCHIP MAY MAKE CHANGES TO THE CONTENT ON THIS SITE, OR TO THE PRODUCTS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. MICROCHIP AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT WILL MEET THE REQUIREMENTS OF YOU OR ANY THIRD PARTY, BE UNINTERRUPTED, OR ERROR-FREE. MICROCHIP HAS NO OBLIGATION TO UPDATE OR CORRECT THE CONTENT ON THIS SITE.

LIMITATION OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT, IN NO EVENT, SHALL MICROCHIP BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER, HOWSOEVER CAUSED, OR FOR ANY LOSS OF PRODUCTION; COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, OR SERVICES; LOSS OF CAPITAL, SOFTWARE, PROFIT, REVENUES, CONTRACTS OR BUSINESS; COST OF REWORK; LOSS OF GOODWILL OR ANTICIPATED SAVINGS; WASTED MANAGEMENT TIME, OR ANY CLAIMS BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ANY DEFENSE THEREOF) EVEN IF MICROCHIP HAS BEEN ADVISED OF THEIR POSSIBILITY OR THEY ARE FORESEEABLE. MICROCHIP’S TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF GOODS OR CONTENT. THESE LIMITATIONS SHALL NOT APPLY WHERE EXPRESSLY PROHIBITED BY LAW. YOU ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ARE REASONABLE AND AN ESSENTIAL PART OF THESE TERMS OF USE.

YOUR RESPONSIBILITY FOR PRODUCTS AND PROCESSES: WITHOUT AFFECTING MICROCHIP’S RESPONSIBILITIES TO YOU UNDER THESE WEBSITE TERMS OF USE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACCEPT THAT YOU, NOT MICROCHIP, ARE SOLELY RESPONSIBLE FOR (I) ANY PRODUCT OR PROCESS WHICH USES OR INCORPORATES MICROCHIP GOODS OR CONTENT, (II) REVIEWING/ TESTING GOODS AND CONTENT AND DETERMINING THEIR SUITABILITY FOR USE IN YOUR APPLICATION, PRODUCT OR PROCESS, AND (III) DETERMINING WHETHER YOUR PRODUCTS OR SYSTEMS EMPLOYING MICROCHIP GOODS OR CONTENT INFRINGES PATENTS, COPYRIGHTS, OR OTHER PROPRIETARY RIGHTS OF THIRD PARTIES.

 

Use in life support systems: Goods are not designed for use in life support and/or safety equipment where malfunction of the product can result in personal injury or death. Your use or sale of Goods for use in life support and/or safety applications is at your own risk. You agree to defend and hold Microchip harmless from any and all damages, claims, suits or expenses resulting from such use.

 

TECHNICAL PROBLEMS: Microchip shall also not be liable for any technical problems encountered in access to the Site or in downloading or attempting to download any Content from the Site, regardless of whether the technical problem is caused by the negligence of Microchip or others.

INDEMNIFICATION: You will defend, indemnify, and hold Microchip harmless from and against all claims, costs, damages, expenses (including reasonable attorney’s fees), liabilities, and losses, including without limitation: (i) any claims directly or indirectly arising from or related to the use, modification, disclosure or distribution of the Content or any intellectual property rights related thereto and (ii) any breach of these Terms of Use.

PRIVACY POLICY: Click here  for a link to our Privacy Policy which also governs your visit to our Site.

USER TRANSMISSIONS: You are prohibited from posting or transmitting to or from this Site any unlawful, proprietary, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, any other material that would violate any law or constitute infringement of intellectual property rights, or contain software viruses. You may not use a false e-mail address, impersonate another or mislead us as to your identity or the origin of any transmission.

CODE PROTECT: Microchip products meet the specification contained in their particular Microchip Data Sheet. Microchip believes that its family of products is one of the most secure families of its kind on the market today, when used in the intended manner, to the stated specifications and under normal conditions. There are dishonest and possibly illegal methods used to breach the code protection feature. All of these methods, to our knowledge, require using the Microchip products in a manner outside the operating specifications contained in Microchip’s Data Sheets. Most likely, the person doing so may be engaged in theft of intellectual property. Microchip is willing to work with the customer who is concerned about the integrity of their code. Neither Microchip nor any other semiconductor manufacturer can guarantee the security of their code. Code protection does not mean that we are guaranteeing the product as "unbreakable." Code protection is constantly evolving. We at Microchip are committed to continuously improving the code protection features of our product. Attempts to break Microchip’s code protection feature may be a violation of the Digital Millennium Copyright Act. If such acts allow unauthorized access to your software or other copyrighted work, you may have a right to sue for relief under that Act.
CLAIMS OF COPYRIGHT INFRINGEMENT: If you believe that your work has been used by Microchip in a way that constitutes copyright infringement, please let us know using our Procedure for Making a Claim of Copyright Infringement at http://www.microchip.com/about-us/legal-information/procedure-for-making-a-claim-of-copyright-infringement.

THIRD PARTY COMPANIES AND PRODUCTS: You are responsible for obtaining all permissions, licenses, and consents necessary to use third party intellectual property, if any, related to the implementation of Microchip products and/or related software (which may include complying with local encryption laws or requirements set by standards setting organizations or location encryption laws). Mention of third party products, companies and websites on the Microchip website is for informational purposes only and constitutes neither an endorsement nor a recommendation. Microchip assumes no responsibility with regard to the selection, performance or use of these products or vendors. Microchip provides this only as a convenience for our users. Microchip has not tested and unless specifically stated, does not endorse any of the products found on these sites and makes no representations regarding the quality, safety or suitability of any software found there. There are dangers inherent in use of any software found on the Internet, and Microchip assumes no responsibility with regard to the performance or use of these products. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.

LINKS TO OTHER WEBSITES: Microchip makes no representation whatsoever regarding the content of any other websites that you may access from the Site. When you access a non-Microchip website, please understand that it is independent from Microchip and that Microchip has no control over the content of that website. A link to a non-Microchip website does not mean that Microchip endorses or accepts any responsibility for the content or use of such website.

LIMITED AND RESTRICTED RIGHTS NOTICE: Contents of this Site are provided with “LIMITED RIGHTS” and "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 et seq. and DFAR 252.227-7015(b)(2) or its successor, and similar clauses in the NASA FAR Supplement. Use of the Contents on this Site by the Government constitutes acknowledgment of Microchip's proprietary rights in them. No other rights are granted to the U.S. Government.