Terms Of Use

TERMS AND CONDITIONS OF USE

PLEASE READ BEFORE ACCESSING OR USING THIS WEBSITE.

 

All contents of this website are Copyright © 2014 M/A-COM Technologies Solutions Holdings, Inc.  All rights reserved.

 

MACOM, M/A-COM, M/A-COM Technology Solutions, M/A-COM Tech, Partners in RF & Microwave, Partners from RF to Light, The First Name in Microwave and related logos are trademarks of M/A-COM Technology Solutions Holdings, Inc.  All other trademarks are the property of their respective owners.  No portion of this website may be reproduced in any form, by any means, without prior written permission from M/A-COM Technology Solutions Holdings, Inc.

 

1.Acceptance of Terms

The following Terms and Conditions of Use (this “Agreement”) applies to any visitor or user (“You”) of the website located at http://www.macomtech.com[JER1]  and any websites (collectively, “the Site”) that M/A-COM Technology Solutions Holdings, Inc., its subsidiaries and affiliates (collectively “MACOM”) own and control.  This Agreement governs your access to and use of the Site, and applies to all materials, software, content, services, online communications and other information that is or becomes available on or through the Site (collectively “Material”).  By accessing the Site, you agree to be legally bound by the terms and conditions of this Agreement; if you do not agree to such terms and conditions, you may not use the Site.  Use of certain Material or conduct of certain transactions on or through the Site may be subject to additional terms and conditions.  MACOM reserves the right, in its sole discretion, to change, modify or otherwise alter this Agreement without notice to you.  Such changes and/or modifications shall become effective immediately when posted on the Site.  Your continued use of the Site constitutes your continuing acceptance of any revisions to its terms and conditions.  MACOM may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice to you.  MACOM may also impose limits on certain features or services or restrict your access and use of the Site without notice or liability.

 

2.General Conduct & Limited License

2.1.        MACOM and its licensors own all right, title and interest in and to the Material.  The Material is protected, without limitation, by U.S. and foreign copyright and trademark laws, and in certain instances, U.S. and foreign patent laws.  MACOM grants you only a personal, non-exclusive, non-assignable, non-sublicensable and non-transferable license to use and display, for non-commercial and personal use within your organization, one copy of the Material that you download from the Site, except as may otherwise be expressly provided on the Site.  You agree that the copy of the Material shall retain all copyright, trademark and other proprietary notices in the same form and in the same manner as such notices appear on the Material or on the Site.  You shall not otherwise use, reproduce, modify, distribute, transmit, post, or publish (including, without limitation, display and distribution via a third party website), the Material without MACOM’s prior written consent in each instance.  Except as expressly set forth herein, no license or right under any patent, trademark, copyright or other intellectual property right is conferred by implication, estoppel, or otherwise.

2.2.        You understand and agree that your use of the Site and the Material is at your sole discretion and risk.

2.3.        While visiting the Site, you shall not submit, post, publish, distribute or transmit:  (a) material that is illegal, indecent, obscene, libelous, defamatory, disparaging, false or misleading; (b) material other than that which may be requested by an interactive application or tool on the Site; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy or other rights of third parties; (e) computer viruses, worms, Trojan horses or other elements destructive to the Site or any MACOM hardware or software accessible through the Site; or (f) a digital or manual signature, password, or other element impersonating a MACOM employee, or affiliate, or any forged TCP/IP headers or parts of a header, in an attempt to gain unauthorized access to MACOM’s computers, software, data, accounts or databases.

2.4.        You shall not, without the prior written consent of MACOM, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, Material, data or content found on the Site or accessed through the Site.  You shall not engage in the mass downloading of files from the Site, use the computer processing power of the Site for purposes other than those permitted hereunder, or flood the Site with electronic traffic designed to slow or stop its operation.  You shall not disassemble, decompile, reverse engineer or otherwise modify the Material.  Any unauthorized or prohibited use shall subject the offender to civil liability or criminal prosecution under applicable laws.

2.5.        Access to and use of password protected and restricted areas of the Site is permitted to authorized users only.  Unauthorized individuals attempting to access these areas of the Site may be subject to civil liability or criminal prosecution under applicable laws.

2.6.        MACOM’s various subsidiaries and affiliates may use the Site as a gateway into other networked web pages and websites operated by other MACOM subsidiaries and affiliates (together, the “Transaction Sites”).  Individual Transaction Sites may adopt terms of use particular to the purpose of such Transaction Site or the type of transaction(s) involved.  If a Transaction Site has imposed its own terms of use by posting and referencing its own separate agreement, the provisions of those Transaction Site terms shall control the transaction in the event of a conflict with the terms and conditions of this Agreement.  Except as supplemented or superseded as described herein, this Agreement applies to the entire network of the Transaction Sites, and controls your use thereof.

 

3.Third Party Material

The Site may include Material owned or licensed by third parties, as well as links to websites owned by third parties (singularly and collectively “Third Party Material”).  Access to and use of any Third Party Material is at your sole risk; MACOM shall not be responsible for the accuracy or reliability of any information, data, opinions, advice or statements made in such Third Party Material.  MACOM does not control the Third Party Material, particularly third party websites, and accordingly, your use of such third party websites shall be at your sole risk.  Moreover, you are advised to take all precautions against any worms, trojan horses, computer viruses or other destructive elements that could result from your use of the Third Party Material.  Inclusion of Third Party Material on the Site shall not be construed as MACOM’s endorsement, authorization of, sponsorship of, or relationship with any third party or the Third Party Material, and no rights or licenses are granted to you in the Third Party Material.

 

4.MACOM Marks

Any trademarks, trade names, trade dress, service marks, logos, domain names, and URLs (collectively, the “Marks”) provided in the Material or displayed on the Site are the property of MACOM or third parties, and no right to use such Marks is granted to you.  Except as expressly provided to the contrary in Section 2, You may not use any of the Marks without MACOM’s prior written permission in each instance.

 

5.Disclosure; Forward-Looking Statements

Materials and other Site content may contain forward-looking statements that relate to MACOM’s plans, objectives, estimates and goals.  Words like “anticipate,” “believe,” “estimate,” “expect,” forecast,” “intend,” “plan,” and “project,” variations of these words and similar expressions identify such forward-looking statements.  MACOM’s business is subject to numerous risks and uncertainties, including variability in quarterly operating results and the rate of growth and development of the markets that it services.  These and other risks and uncertainties, which are described in more detail in MACOM’s Form S-1 Registration Statement and in its most recent Form 10-K and Form 10-Q filed with the Securities and Exchange Commission http://www.sec.gov, could cause actual results and developments to be materially different from those expressed or implied by any of these forward-looking statements.

 

6.Submissions to the Site

6.1.        Any information, including, but not limited to, feedback, questions, comments, suggestions, ideas, graphics, computer files, links, or other material you submit to the Site (collectively “Submissions”), whether via e-mail or otherwise, regardless of any terms you propose that may be included therewith, shall be considered non-confidential and you hereby grant MACOM a non-exclusive, perpetual, worldwide, royalty-free license to use the Submissions in any way it chooses, subject to any limitations set forth in our Privacy Policy. Therefore, MACOM may, among other things, reproduce, transmit, distribute, adapt, perform, display and create derivative works from or based upon your Submissions, and sublicense others to do any or all of the foregoing activities. You agree that your Submissions shall meet all requirements for appropriate content in accordance with Section 2.3 above. MACOM reserves the right at any time and without notice, to refuse to receive, post or remove any Submission.

6.2.        You hereby represent and warrant that you have all necessary rights in and to all information, ideas and opinions (“Postings”) you provide and all content and information they contain; that your Postings shall not infringe any proprietary, intellectual property, privacy or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, disparaging, tortuous, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

 

7.Compliance with Applicable Laws; Export Control Laws

The Site and the Material shall be subject to U.S. export control laws and shall also be subject to the laws of the country where you reside.  You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site.  Notwithstanding anything to the contrary, MACOM makes no representation that the Site or the Material is appropriate or available for use in other jurisdictions.  If you choose to access the Site from such a jurisdiction, you do so at your own risk.  The laws of the Commonwealth of Massachusetts, United States of America, excluding choice of law principles, shall govern all issues relating to use of the Site and the Materials.  By using the Site, you agree that any dispute, legal action or proceeding between us that concerns or relates in any way to the Site, Material, links or any information relating to the foregoing shall be brought in federal or state court, as applicable, in the County of Suffolk, Commonwealth of Massachusetts, U.S.A.

 

8.General Disclaimer

MACOM believes the Material to be accurate and reliable.  However, Material may not be updated when errors are uncovered or as new information becomes available and MACOM assumes no responsibility to monitor or correct the accuracy, completeness, timeliness or reliability of any Material on the Site.  Accordingly, You understand and assume the risk that the Material, including, but not limited to, SEC filings, press releases, product information, and archived Material may become stale or incomplete over time, and you hereby release MACOM from any and all liability associated with same.

 

9.Exclusion of Damages; Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, INCLUDING NEGLIGENCE, SHALL MACOM, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OF OR DAMAGE TO DATA, SOFTWARE OR HARDWARE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SITE, THE MATERIAL, ANY MACOM PRODUCT OR SERVICE, OR ANY OTHER HYPERLINKED WEBSITE, OR ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE SITE AND/OR THE MATERIAL PRESENTED, EVEN IF MACOM HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

10.No Warranty

ALL MATERIAL PROVIDED ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  MACOM DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.  THE INTERNATIONAL CONVENTION FOR THE SALE OF GOODS, THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT ARE EXPRESSLY DISCLAIMED.

 

11.Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MACOM, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE AND/OR MATERIALS, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM:  (A) USE OF THE SITE AND/OR THE MATERIAL, (B) BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND/OR (C) YOUR SUBMISSIONS AND/OR POSTINGS TO THE SITE.

 

12.Termination and Survival; Miscellaneous

12.1.      Some of the provisions of this Agreement are for the benefit of MACOM, its officers, directors, employees, agents, subsidiaries, affiliates, suppliers, and any third-party information providers.  Each of these persons or entities shall have the right to enforce these provisions directly against you on its own behalf if you violate any of the terms or conditions of this Agreement.

12.2.      MACOM’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of this Agreement.  MACOM may assign its rights and duties under this Agreement to any party at any time without notice to you.

12.3.      Either party may terminate this Agreement at any time, without notice to the other party.

12.4.      In the event of breach of these terms, MACOM may immediately terminate your access to and your use of the Site and the Materials.

12.5.      Obligations and duties arising under these terms, which by their nature extend beyond the termination of this Agreement, shall survive any termination, and include, but are not limited to those set forth in Sections 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11.