Welcome to the Applied Micro Circuits Corporation Web Site (the "APM Site").
Limited Right to Use
The APM Site and all of its content, including text, data, software, graphics, photographs, forms and documents that Applied Micro Circuits Corporation and its subsidiaries (collectively, “APM”) may post on or make available through the APM Site (collectively, “Materials”), are the intellectual property of APM and its licensors and are protected by applicable copyright, trademark and other proprietary rights. Viewing, printing or downloading any of the Materials grants you only a limited nonexclusive license for your personal, not-for-profit use and does not authorize republication, distribution, assignment, sublicense, sale, modification or creation of derivative works unless you have received APM’s prior written permission. In consideration of this limited license, you agree that no portion of the Materials may be displayed or reproduced in any form or incorporated into any information retrieval system, other than for your personal, not-for-profit use, and that any copy of the Materials which you make will retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of APM or any third party.
APM Trade Names and Trademarks
AppliedMicro, APM, the APM logo and any other trade, service, or product name or slogan or logo contained in the APM Site are trademarks of APM and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of APM or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remain with APM or the applicable trademark holder. Unless you have obtained prior written permission from APM, you may not use APM’s name or any APM trademark in a manner that is likely to give the impression or otherwise imply any affiliation or association between you, your products or services, and APM or any of APM’s products, services, programs, materials or other offerings. You may not use any metatags or any other “hidden text” utilizing any name, trademark or product or service name of APM without APM’s prior written permission. In addition, the look and feel of the APM Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark and/or trade dress of APM and may not be copied, imitated or used (in whole or in part) without APM’s prior written permission. Reference to any products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by APM.
Links to Third Party Web Sites
APM may provide links from the APM Site to third party web sites and also may permit third parties to link to the APM Site (“Other Sites”). Content on Other Sites is not under APM’s control and APM is not responsible for such content. If APM provides a link to the Other Site it is provided only as a convenience to you and should not be construed as an endorsement of another company, web site or product. Links into the APM Site from the Other Site, especially those links giving you unrestricted access to APM software, should not be construed either as a permitted link or an endorsement of another company, web site or product.
You agree not to use the APM Site or any Materials (a) in a manner that violates any local, state, national, foreign or international statute, rule, regulation, order, treaty or other law (“Laws”); (b) to harass, abuse, stalk, defame, unlawfully discriminate against or otherwise harm another; (c) to impersonate any person or entity, or otherwise misrepresent your affiliation with APM or another person or entity; (d) to interfere with or disrupt the APM Site or servers or networks connected to the APM Site, or (e) to attempt to gain unauthorized access to any portion of the APM Site or any other accounts, computer networks or systems connected to the APM Site.
U.S Government Restricted Rights
Any Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), are subject to the provisions of FAR 12.211 – “Technical Data”, FAR 12.212 – “Computer Software”, Far 227.7202-2, DOD FAR Supplement and its successors, as applicable, and all other clauses providing APM equivalent protections in DFARS or other agency specific regulations. Use of any Materials by the U.S. Government constitutes acknowledgement of APM’s proprietary rights in them.
International and Export Issues
APM administers the APM Site from its offices in the State of California, in the United States. APM makes no representation that the APM Site is appropriate or available for use outside the United States and access to the APM Site from territories where its contents are illegal or restricted is prohibited. If you choose to access the APM Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the APM Site and to not, in violation of any Laws, transfer or authorize the transfer of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to any person, entity or company on the Consolidated Screening List maintained by the U.S. Government for export control purposes. By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify, defend and hold harmless APM, APM’s suppliers and their respective officers, directors, employees and agents (collectively, the “APM Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of this Agreement. APM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with APM’s defense of such claim.
When you visit the APM Site or send e-mails to APM, you are communicating with APM electronically. We may respond to you by e-mail or by posting notices on the APM Site. You agree that all such notices, disclosures and other communications that APM provides to you electronically satisfy any legal requirement that such communications be in writing.
Feedback and Unsolicited Submissions
THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, APM MAKES NO WARRANTY THAT THE APM SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT DEFECTS IN THE APM SITE WILL BE CORRECTED. APM DISCLAINMS ALL EQUITABLE INDEMNITIES.
Limitation of Liability
IN NO EVENT WILL ANY OF THE APM PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABIITY OR ANY OTHER LEGAL THEORY EVEN IF APM HAS BEEN ADVISED OF THE POSSILIBLITY OF SUCH DAMAGES.
Some states do not allow the exclusion or limitation of special, incidental or consequential damages, so the above limitation may not apply to you.
This Agreement, together with any additional terms to which you agree when using particular elements of the APM Site, constitutes the entire and exclusive and final statement of the agreement between you and APM with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and APM with respect to such subject matter. This Agreement and the relationship between you and APM shall be governed by the laws of the State of California as applied to agreements made, entered into and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to this Agreement must be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of APM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of the competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of APM and you as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement shall remain in full force and effect notwithstanding any termination of your use of the APM Site. This Agreement will be interpreted without application of any strict construction in favor of or against you or APM. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by APM without restriction.
Modifications to this Agreement
APM may, in its sole and absolute discretion, modify the terms of this Agreement from time to time. APM will post a copy of the modified Agreement on the APM Site. If you object to any such modifications your sole recourse shall be to cease using the APM Site. Continued use of the APM Site following any such modifications shall indicate your acknowledgement of such modifications and agreement to be bound by the terms and conditions of such modifications.