Last Revised: September, 2022
Acceptance of Terms of Use
This website and the materials made available by and through this website are provided by ANYTRONIC Corporation and its affiliates (“ANYTRONIC”) for use by its customers, consumers, employees, and ecosystem partners and is intended for personal and informational use only. By accessing, browsing, or using this website or the materials, you accept and agree to be bound by these Terms of Use and any additional terms and conditions which may accompany the materials made available through this website (collectively, the “Terms”). If you are an individual acting on behalf of an entity, you represent and warrant that you have the authority to agree to the Terms on behalf of that entity and to bind that entity to the Terms. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE THIS WEBSITE OR ANY MATERIALS FROM IT.
Scope of Terms. Modifications. Translations.
Application
The Terms apply to all websites where these Terms are posted, displayed, or referenced (“Websites”), whether the sites are sponsored, managed, or hosted by ANYTRONIC or third parties. The Terms also apply to any resources and tools provided through the Websites, including but not limited to developer tools, software, download areas, research areas, community forums, chat rooms, blogs, sharing sites, and product information. Finally, the Terms apply to documents made available on the Websites such as white papers, press releases, datasheets, and specification documents. Hereafter, all materials provided by the Websites will be referred to as the “Materials.”
Supplementary Terms for Materials and Sub-Sites
Certain Materials or sub-sites accessible via the Websites may have their own supplementary terms and conditions specific to them. By accessing or using those Materials or sub-sites, you accept and agree to be bound by the applicable supplementary terms and conditions. These Terms will apply and remain in effect with respect to those Materials and sub-sites, provided that, to the extent these Terms conflict with or are superseded by any such supplementary terms and conditions, the supplementary terms and conditions will govern and control.
Changes and Updates to Terms
ANYTRONIC may, but is not required to, substitute, add to, change, or remove any part of the Terms at any time without notice to you (“Modified Terms”). Modified Terms will be effective when posted by ANYTRONIC, and your use of the Websites or the Materials after the posting of the Modified Terms will be deemed your acceptance of and agreement to be bound by the Modified Terms. The date on which the Modified Terms are posted will be stated at the beginning of the Modified Terms. If you do not agree to the Modified Terms, you must stop using the Websites and Materials.
Translations of Terms
Where ANYTRONIC has provided you with a translation of the English language version of these Terms, you agree that the translation is provided for your convenience only and that the English-language versions of these Terms will govern your relationship with ANYTRONIC. If there is any contradiction between the English-language version of these Terms and the translation, the English-language version will govern and control.
Modification of Websites and Materials
ANYTRONIC may, but is not required to, substitute, add to, change, remove, disable, or suspend the Websites, the Materials, or any portion thereof, temporarily or permanently, at any time without notice to you. These changes may include without limitation alterations to the features, functions, specifications, and pricing of any products or services described in or displayed on the Websites or the Materials.
Security and Privacy
Personal Information
Personal information you submit to ANYTRONIC through forms on the Websites or the Materials is governed by ANYTRONIC’s Privacy Notice, which describes how ANYTRONIC collects, processes, and discloses your personal information. By accessing and using the Websites, you acknowledge that you have read and understand ANYTRONIC’s Privacy Notice.
Member Account, Password, and Security
Accessing certain Materials and/or sub-sites may require that you establish a member account and select a password. It is a condition of your use of those Materials and sub-sites that all the information you provide as part of registering for an account is accurate, current, and complete. Your account is personal to you. You are entirely responsible for maintaining the confidentiality of your password and account. You may not permit any third party to use your account, nor may you use anyone else’s account at any time. Furthermore, you are entirely responsible for activities that occur under your account. You agree to notify ANYTRONIC immediately of any unauthorized use of your account or any other breach of security in connection with your account or your password.
Misuse of Account
ANYTRONIC will not be liable to you or to any third party for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, ANYTRONIC reserves the right to hold you liable for losses incurred by ANYTRONIC or by a third party due to someone else using your account or password.
Disabling or Suspension of Account
ANYTRONIC has the right to disable or suspend any account at any time in ANYTRONIC’s sole and absolute discretion, no matter the reason, without notice to you.
Use of Websites and Materials
No Unlawful or Prohibited Use
You agree that you will not use the Websites or the Materials for any purpose that is unlawful or prohibited by the Terms. You must not:
- Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Use the Websites or the Materials to stalk or otherwise harass or harm another;
- Impersonate any person or entity, including but not limited to an ANYTRONIC official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with ANYTRONIC or any person or entity, or collect or store personal data about other users in connection with any prohibited conduct or activities;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Websites or the Materials;
- Upload, post, email, transmit, or otherwise make available any content that you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit, or otherwise make available any content that infringes or misappropriates any patent, trademark, trade secret, copyright, or any other proprietary rights of ANYTRONIC or any third party;
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Use the Websites or the Materials in any manner that could damage, disable, overburden, or impair any ANYTRONIC server or network(s) connections, disobey any requirements, procedures, policies, or regulations of networks connected to the Websites or the Materials, or interfere with any other party’s use and enjoyment of the Websites or the Materials;
- Circumvent any use-limitation or restricted-access technology used by the Websites or the Materials, or otherwise attempt to gain unauthorized access to the Websites or the Materials, or any other accounts, computer systems, or networks connected to any ANYTRONIC server or the Materials, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or the Materials;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization;
- Remove any copyright or other proprietary rights notices placed upon the Websites or Materials;
- Perform automated searches against ANYTRONIC’s systems (except for non-burdensome federated search services), including using automated “bots,” link checkers, or other scripts or web scraping technologies, without the prior written permission of ANYTRONIC;
- Use the Websites or the Materials to create products or perform services which compete or interfere with those of ANYTRONIC;
- Text mine, data mine, or harvest metadata from the Websites or the Materials; or
- Download all or parts of the Websites or the Materials in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of the Websites or the Materials, in any form.
Enforcement
Enforcement of this section is solely at ANYTRONIC’s discretion, and failure to enforce this section in some instances does not constitute a waiver of its right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Websites or Materials will not contain any content or conduct that is prohibited by this section.
Retained Rights. Patents.
Retained Rights
You acknowledge and agree that ANYTRONIC or its licensors own all legal rights, title, and interest in and to the Websites and the Materials, and that the Websites and Materials are protected by worldwide copyright laws and treaty provisions. Except as set forth in these Terms and unless otherwise specified in the Materials themselves or pursuant to any license terms or permissions for the Materials, (a) no license rights or other rights are granted to you under any patents, copyrights, trademarks, or trade secret information, whether by implication, estoppel or otherwise, and (b) you may not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell the Websites or the Materials. Any unauthorized use of the Websites or the Materials may infringe ANYTRONIC’s or a third party’s copyright rights, trademark rights, or other proprietary rights, may violate laws relating to privacy and publicity, and may result in civil or criminal liability.
Patents:
You may not use or facilitate the use of the Websites or any Materials in connection with any patent or other intellectual property infringement analysis concerning ANYTRONIC products. By your use of the Websites or Materials, you agree to grant to ANYTRONIC (and do hereby grant to ANYTRONIC) a non-exclusive, royalty-free license to any patent claims which include subject matter disclosed in the Websites or the Materials, and agree not to assert against ANYTRONIC any claims for patent infringement based on any such patent claims.
User Content Submissions
The Websites may include functionality that allows the user to transmit or submit User Content to ANYTRONIC using the Websites or to post or display User Content on the Websites. You acknowledge and agree as follows with respect to User Content:
Definition of User Content
“User Content” means any content or materials that a user provides, transmits, or submits to ANYTRONIC using the Websites or posts, uploads, or displays on the Websites. “User Content” includes but is not limited to user registration, participation, public sharing, posting, uploading, linking, downloading, transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting user content, including but not limited to graphics, art, software, code, data, text, video, audio, opinions, descriptions, photographs, pictures, etc.
Treatment of User Content
ANYTRONIC does not endorse any User Content, or any opinion, recommendation, or advice expressed therein, and ANYTRONIC expressly disclaims any and all liability in connection with User Content. ANYTRONIC will remove User Content if properly notified that it infringes on another’s copyright rights in accordance with the section of these terms titled “DMCA Copyright Infringement Claim.” ANYTRONIC further reserves the right to remove User Content no matter the reason, in its sole discretion, and without prior notice to you or to any third party.
Ownership of User Content
ANYTRONIC does not claim ownership of any User Content. However, unless otherwise agreed to in writing, ANYTRONIC will be free to use User Content without compensation or payment to you. ANYTRONIC is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized ANYTRONIC representative, User Content you transmit or post to the Websites will be considered non-confidential and non-proprietary. ANYTRONIC will further have the right, but not the obligation, to use any know-how, ideas, or other concepts included or contained in the User Content without compensation or payment to you.
License to User Content
Unless otherwise specified on the Websites, by posting, displaying, uploading, inputting, providing, or submitting User Content, you grant ANYTRONIC, its sublicensees, and any users of the Websites or the Materials, a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, nonterminable, freely transferrable, and freely sublicensable (through multiple tiers of sublicensees) license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes throughout the world.
User Submitted Code
To the extent applicable, any user submitted code posted on the Websites is supplied under the license specified by the user submitting such code, and should be used or downloaded only in accordance with any such license terms. ANYTRONIC is not responsible for user submitted code, nor does ANYTRONIC represent or warrant that such user submitted code will operate or perform without errors or defects.
Representations and Warranties
By posting or submitting User Content you represent and warrant to ANYTRONIC that (a) you own or otherwise control all of the rights to that User Content, including but not limited to all of the rights necessary for you to provide, post, upload, input, or submit the User Content, and to grant the rights granted by you to ANYTRONIC in connection with the User Content, and (b) the User Content does not infringe, violate, or misappropriate the intellectual property rights or other proprietary rights of any third party, including without limitation any third-party publicity rights or privacy rights.
Moderation or Pre-Screening
You acknowledge that ANYTRONIC may or may not moderate or pre-screen User Content. ANYTRONIC and its designees retain the right, at ANYTRONIC’s sole discretion, to pre-screen, refuse, or remove any User Content from the Websites or the Materials. ANYTRONIC, however, will have no liability related to User Content, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, ANYTRONIC will have the right to remove any User Content at any time and for any reason in ANYTRONIC’s sole discretion.
Security of Your Submissions
Because internet transmissions are never completely private or secure, you acknowledge and agree that any User Content submitted or transmitted to or through the Websites may be accessed or intercepted by third parties.
Unsolicited Idea Submission Policy:
IT IS ANYTRONIC’S POLICY THAT NEITHER ANYTRONIC NOR ITS EMPLOYEES WILL ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR ADVERTISING CAMPAIGNS, PROMOTIONS, PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN ANYTRONIC’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO ANYTRONIC. ACCORDINGLY, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO ANYTRONIC OR ANYONE AT ANYTRONIC. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT ANYTRONIC MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Notices Specific to ANYTRONIC Documents
Permission to Use
Permission to use any ANYTRONIC-owned white papers, press releases, datasheets, specification documents, FAQs, etc. (“Documents”) made available as Materials via the Websites is granted, provided that (a) the copyright notice at the bottom of these Terms and this permission notice appear in all copies, (b) you may use Documents only for your informational and non-commercial personal use, (c) the Documents will not be copied or posted on any network computer or broadcast in any media, (d) no modifications of any Documents are made, and (e) you are otherwise in compliance with all of the Terms. Any other uses require the express written permission of ANYTRONIC, which may be withheld in ANYTRONIC’s sole discretion.
Classroom Use
Notwithstanding the preceding paragraph, accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission from ANYTRONIC.
Notices Specific to ANYTRONIC Software
License Terms
Any ANYTRONIC software that is made available for download from the Websites (“Software”) is the copyrighted work of ANYTRONIC or its licensors. Use of the Software is governed by the terms of the applicable end user license agreement which accompanies or is included with the Software (“License Agreement”). By downloading or using the Software, you agree to be bound by the terms of the License Agreement. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. If no License Agreement accompanies or is included with the Software, then conditioned on your compliance with these Terms, ANYTRONIC grants you a limited, nonexclusive, nontransferable, revocable, worldwide, fully paid-up license, without the right to sublicense, under ANYTRONIC’s copyrights (subject to any third party licensing requirements), in each case solely within your premises and only for your internal demonstration, evaluation, testing, validation, and development of your ANYTRONIC-based products, to (i) prepare derivative works (as defined in 17 U.S.C. § 101 et seq.) (“Derivatives”) of the Software, if provided or otherwise made available by ANYTRONIC in source code form, and reproduce the Software, including Derivatives; (ii) display and perform an object code representation of the Software including your Derivatives to your customers or partners, with a need to know, only for demonstration and when integrated with and executed by your ANYTRONIC-based product or ANYTRONIC hardware provided by ANYTRONIC and subject to your customers or partners entering a written confidentiality agreement that protects the confidentiality of the Software for at least 5 years; and (iii) have the rights in subparts (i) and (ii) performed by contractors working on your behalf or at your behest, provided that you remain fully liable to ANYTRONIC for the actions and inactions of those contractors.
Restrictions
Except as permitted by these Terms or the License Agreement accompanying the Software, you must not, and must not allow any third party to, (a) use, copy, distribute, sell, or offer to sell the Software or associated documentation; (b) modify, adapt, enhance, disassemble, decompile, reverse engineer, or create derivative works from the Software except and only to the extent as specifically required by mandatory applicable laws or any applicable third party license terms accompanying the Software; (iii) make the Software available for the use or benefit of third parties; (iv) use the Software on your products other than those that include the ANYTRONIC silicon product(s), platform(s), or software identified in the Software; or (v) publish or provide any Software benchmark or comparison test results. Violators will be prosecuted to the maximum extent possible.
Reproduction and Redistribution
WITHOUT LIMITING THE FOREGOING, THE COPYING OR REPRODUCTION OF ANYTRONIC SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
Software Warranty Limitations
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE APPLICABLE LICENSE AGREEMENT, ANYTRONIC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT.
Software Tools and Utilities
FOR YOUR CONVENIENCE, ANYTRONIC MAY MAKE TOOLS AND UTILITIES AVAILABLE FOR USE AND DOWNLOAD AS PART OF THE WEBSITES OR THE SOFTWARE. ANYTRONIC DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF RESULTS OR OUTPUT DERIVED FROM USE OF ANY SUCH TOOLS OR UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE WEBSITES OR AS PART OF THE SOFTWARE.
Notices Specific to ANYTRONIC Products
The Websites and the Materials may contain information regarding ANYTRONIC products. With regard to all ANYTRONIC products, you acknowledge and agree that:
Limitations
EXCEPT AS PROVIDED IN ANYTRONIC’S TERMS AND CONDITIONS OF SALE FOR ITS PRODUCTS, ANYTRONIC ASSUMES NO LIABILITY WHATSOEVER, AND ANYTRONIC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, RELATING TO THE SALE OR USE OF ANYTRONIC PRODUCTS, INCLUDING LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHT.
Use of ANYTRONIC Products
If you integrate ANYTRONIC products into your overall system, you are responsible for the safety of the overall system that includes the ANYTRONIC products, including compliance with applicable safety-related requirements or standards.
Changes to Specifications
ANYTRONIC may make changes to product specifications and product descriptions at any time, without notice to you. Designers must not rely on the absence or characteristics of any features or instructions marked “reserved” or “undefined.” ANYTRONIC reserves these for future definition and will have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them. The product information on the Websites or the Materials is subject to change without notice to you. Do not finalize a design using this information.
Processor Numbers
ANYTRONIC processor numbers are not a measure of performance. Processor numbers differentiate features within each processor family, not across different processor families.
Defects and Errata
The products described in the Websites, or the Materials may contain design defects or errors known as errata which may cause the products to deviate from published specifications. Current characterized errata are available on request.
Benchmarks and Performance Claims
Any performance tests and ratings provided in the Websites and the Materials are measured using specific computer systems and/or components and reflect the approximate performance of ANYTRONIC products as measured by those tests. For further information about benchmarks and measurements and the performance of ANYTRONIC products, please visit our Performance Index page.
Availability
Just because a product is displayed on the Websites or in the Materials does not mean that the product is available for purchase in all countries, jurisdictions, or localities. Contact your local ANYTRONIC sales office or your distributor to learn the availability of products in your geographic area.
DMCA Copyright Infringement Claim
Notice of Claimed Infringement
Notifications of claimed copyright infringement should be sent to ANYTRONIC’s Designated Agent. INQUIRIES NOT COMPLIANT WITH THE PROCEDURE OUTLINED MAY NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement for instructions on submitting an inquiry.
Repeat Infringement
ANYTRONIC may, in appropriate circumstances, terminate or suspend an account or subscription to the Websites for repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact ANYTRONIC’s DMCA agent and provide information sufficient for ANYTRONIC to verify that the account holder or subscriber is a repeat infringer.
Links to Other Materials or Sites
The Websites and/or the Materials may contain links to other Internet sites. The linked sites are not under the control of ANYTRONIC and ANYTRONIC is not responsible for the content of any linked site, or any link contained in a linked site. ANYTRONIC reserves the right to terminate any link or linking program at any time. ANYTRONIC does not endorse companies or products to which it links and reserves the right to note as such on the Websites or the Materials. If you decide to access or use linked sites, you do so entirely at your own risk.
Exclusion of Warranty. Limitation of Liability. Indemnification
Exclusion of Warranty: YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
UNLESS OTHERWISE EXPRESSLY STATED IN THE MATERIALS THEMSELVES OR PURSUANT TO ANY LICENSE TERMS OR PERMISSIONS FOR THE MATERIALS, THE WEBSITES AND THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ANYTRONIC AND EACH OF ITS SUPPLIERS OR LICENSORS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY, TITLE, OR NON-INFRINGEMENT. ACCORDINGLY, YOUR USE OF THE WEBSITES AND THE MATERIALS IS AT YOUR SOLE RISK.
ANYTRONIC DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR SUFFICIENCY OF ANY MATERIALS MADE AVAILABLE THROUGH THE WEBSITES AND AS SUCH YOUR USE OF ANY MATERIALS OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR OTHER DEVICES OR FOR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE MATERIALS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANYTRONIC, ITS LICENSORS AND SUPPLIERS WILL NOT BE LIABLE TO YOU FOR:
ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR SIMILAR LOSS, IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES OR THE MATERIALS, INCLUDING WITHOUT LIMITATION THE USE OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, SERVICES, OR INFORMATION MADE AVAILABLE ON THE WEBSITES, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY UNDER WHICH SUCH DAMAGES ARE SOUGHT (WHETHER IN AN ACTION FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE (INCLUDING STRICT LIABILITY), OR OTHER ACTION IN TORT).
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT IN OR ON THE WEBSITES, THE MATERIALS, OR THE DOCUMENTS, ANY CHANGES MADE BY ANYTRONIC THERETO, OR ANY PERMANENT OR TEMPORARY CESSATION BY ANYTRONIC IN THE PROVISION THEREOF, OR (b) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE FOREGOING LIMITATIONS ON ANYTRONIC’S LIABILITY WILL APPLY WHETHER OR NOT ANYTRONIC KNEW OF, WAS ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITES OR THE MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE.
Indemnification
You agree to indemnify, at ANYTRONIC’s election defend, and hold ANYTRONIC and each of its officers, directors, employees, agents, representatives, partners, suppliers, and licensors (the “Indemnified Parties”) harmless from and against all actions, claims, or demands, and all losses, damages, liabilities, fees, fines, penalties, costs, and expenses (including without limitation attorneys’ fees and legal costs) arising from or relating to your breach or violation of the Terms or any content you make available through the Websites or Materials. You acknowledge and agree that ANYTRONIC may, at any time, assume the exclusive defense and control over any claim for which you owe indemnity to ANYTRONIC hereunder, and you agree to fully cooperate with ANYTRONIC, at ANYTRONIC’s reasonable request, in connection with ANYTRONIC’s defense and investigation of any such claim. You agree that you will not settle or compromise any claim for which indemnity is owed hereunder without ANYTRONIC’s prior written consent, which ANYTRONIC may refuse, withhold, condition, or delay, no matter the reason, in its sole and absolute discretion.
General
The Websites and the Materials are controlled or made available from ANYTRONIC’s offices located in Taiwan & China. ANYTRONIC makes no representations or warranties that the Websites or the Materials are appropriate or available for use in other locations, or that your access to them from the territory in which you reside is or will be lawful or in compliance with applicable local laws. Those who choose to access the Websites or the Materials from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Materials available on the Websites are subject to Taiwan export control laws and may also be subject to the laws of the country where you reside.
The Terms constitute the entire agreement between you and ANYTRONIC and govern your use of the Websites and the Materials. Any claim relating to the Websites and/or the Materials will be governed by the laws of Taiwan, without regard to its conflict of law principles and each party will submit to the personal and exclusive jurisdiction of the courts located within Taiwan. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect. The section and paragraph headings in these Terms are for convenience of reference only and must not affect the interpretation of this Agreement.
ANYTRONIC Terms of Use version September 8, 2022.
