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
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. BY USE OF THE SITE OR MATERIALS YOU INDICATE YOUR ACKNOWLEDGEMENT AND AGREEMENT WITH THESE TERMS. YOU ARE AGREEING ON BEHALF OF YOURSELF AND YOUR EMPLOYER TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY MATERIALS CONTAINED OR MADE AVAILABLE HEREIN.
General Use Restrictions
All information, documents, products and services provided on this Site (the “Materials”), including but not limited to Materials that are downloaded from the Site (“Downloaded 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. Materials, and any copies thereof, are licensed, not sold.
Subject your compliance with these Terms (including your payment of any applicable fees), SEMI and its licensors grant to you the limited, non-exclusive and non-transferable license to display the Materials as presented on the Site and, as applicable to the access license you have purchased (as further discussed in the Section entitled “Purchases and Access Licenses”, below), download, copy, reproduce and internally distribute the Materials, provided that: (1) both the SEMI copyright notice (set forth below) and these General Use Restrictions appear in the Materials, and (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.
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. No Downloaded Materials or trademarks, logos, graphics or images from the Site may be copied, sold, leased, assigned, loaned, transferred, shared through an internal computer network or otherwise transferred or distributed without the prior written consent of SEMI.
Third Party Content Disclaimer
You acknowledge that the Materials may contain certain information that has been compiled by SEMI based on information provided by a variety of sources (including information from Third Party Providers and publicly available sources) that SEMI believes to be reliable, but which may not be accurate or current, and for which SEMI has not necessarily verified accuracy or completeness. You acknowledge and agree that the Materials, including any Financial Information therein, are 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 in the Materials 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 email@example.com, 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 of America; (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 your 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 and agree that your use of such third-party sites may be governed by different terms and conditions and/or privacy policies than SEMI and you hereby agree to comply with any and all terms and conditions and privacy policies of such third-party 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 Materials, functionality and areas of the Site are password restricted. To access such password-restricted areas, functionality and Materials, you must successfully register an account with SEMI. You agree that you are entirely responsible for maintaining the confidentiality of your or your employees’ account information and passwords, and agree to notify SEMI if any such 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.
Purchases and Access Licenses.
If applicable, you agree to pay all applicable fees or charges to your account based on your use of the Site and the Materials and billing terms set forth on the invoice or the SEMI order form used in connection with the purpose. You are responsible for payment of all taxes associated with the license of any Materials (except those taxes based on SEMI’s income). You are expressly agreeing that SEMI is permitted to invoice you (and/or charge your credit card, if applicable) for all applicable fees, taxes and any other charges you may incur in connection with your use of this Site and/or the Materials. If you do not pay on time (or, if applicable, if SEMI cannot charge your credit card) for any reason, SEMI reserves the right to either suspend or terminate your access to your account and terminate your license to access and use the Site and/or Materials.
Your ability to download and use certain Downloaded Materials, such as SEMI’s Market Research and Market Reports, is limited by the type of access license you purchase. Specifically, SEMI offers three types of access licenses:
Single Edition – If you have purchased a Single Edition license then, subject to your compliance with these Terms, including, without limitation, your payment of all applicable fees, SEMI grants you an additional limited, revocable, non-transferable non-exclusive, non-sublicensable license to download and reproduce a single copy of the applicable Downloaded Materials in the manner and file format(s) that we permit. A Single Edition license may be used by only one person and is not transferrable, even within your organization. You may use the Downloaded Materials solely for your internal business purposes and agree that you will not disclose the Downloaded Materials to any other person.
Multi-User – If you have purchased a Multi-User license then, subject to your compliance with these Terms, including, without limitation, your payment of all applicable fees, SEMI grants you an additional limited, revocable, non-transferable non-exclusive, non-sublicensable license to access the applicable database and/or download and reproduce copies of the applicable Downloaded Materials in the manner and file format(s) that we permit, for use by the number of users specified in your Multi-User license. You may use the Downloaded Materials solely for your internal business purposes and agree that you will not disclose the Downloaded Materials to any other person other than those users for whom you have purchased licenses or publish the Downloaded Materials in any manner accessible to third parties.
Enterprise – If you have purchased an Enterprise license then, subject to your compliance with these Terms, including, without limitation, your payment of all applicable fees, SEMI grants you an additional limited, revocable, non-transferable non-exclusive, non-sublicensable license to access the applicable database and/or download and reproduce copies of the applicable Downloaded Materials in the manner and file format(s) that we permit for use by anyone within your organization. You may use the Downloaded Materials solely for your internal business purposes and agree that you will not disclose the Downloaded Materials outside of your organization or publish the Downloaded Materials in any manner accessible to third parties.
You shall not: (i) modify or create derivative works of the Downloaded Materials; (ii) incorporate the Downloaded Materials in any product that results in a re-distribution or re-use of the Downloaded Materials; (iii) remove, obscure or alter any trademark, logo or any copyright or other intellectual property notice appearing on the Downloaded Materials; or (iv) sub-license, sell, rent, lend, assign, or otherwise transfer or distribute the Downloaded Materials or the rights granted herein.
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 OR OBTAINED THROUGH YOUR USE OF THE SITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO 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 AND/OR THE MATERIALS.
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 and/or the Materials 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; provided that if you have purchased a license to use Downloaded Materials, your license to use such Downloaded Materials shall remain the version you accepted at the time you purchased your license.
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 Santa Clara 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 comprise 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:
SEMI’s Policy Concerning Claims of Infringement:
A Written Notice of Copyright Claims of infringement should be directed to SEMI’s designated agent as specified below. Please include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
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;
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.
SEMI’s Designated Agent for Notice of claims of copyright infringement:
673 South Milpitas Blvd.
Milpitas, CA 95035, USA
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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