Terms of Use
1. Scope and Content
Advanced Monitors Corporation, 7098 Miratech Dr., Ste. 140, San Diego, California 92121, USA provide content, website features, and other products and services to you on Advanced Monitors Corporation’s websites, including, but not limited to, design and computing tools, blogs, mobile applications, download areas, research areas, community forums, chat functionality, video, sharing websites, supplier data exchanges, product and marketing information, and other online services (collectively, “Advanced Monitors Corporation Services”). You understand and agree that you remain responsible for using your independent analysis, evaluation, and judgment in designing your systems and products. Advanced Monitors Corporation provides Services subject to these terms of use (“Terms of Use”).
2. You Agree
By using Advanced Monitors Corporation Services, you agree to these Terms of Use. These Terms of Use are a legal agreement between you and Advanced Monitors Corporation. By using Advanced Monitors Corporation Services, you also agree to Privacy Policy , which is incorporated herein by reference. Please read these documents carefully. If you do not agree to these terms, do not use Advanced Monitors Corporation Services.
3. Service Terms
Advanced Monitors Corporation offers a wide range of Advanced Monitors Corporation Services, and sometimes additional terms may apply. When you use a Advanced Monitors Corporation Service (for example, the Advanced Monitors Corporation E2E™ Community, Advanced Monitors Corporation Designs, WEBENCH® Design Center, Advanced Monitors Corporation Store, and Advanced Monitors Corporation’s Education Technology Store), your use of such Advanced Monitors Corporation Service is subject to the guidelines, terms, notices and disclaimers, end user license agreements, and other agreements applicable to that Advanced Monitors Corporation Service (collectively, “Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control to the extent there is a conflict.
4. Use Restrictions and Termination of Access to Advanced Monitors Corporation Services
Advanced Monitors Corporation Services are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. Except as stated herein, no Advanced Monitors Corporation Service, nor any part of any Advanced Monitors Corporation Service, may be reproduced, duplicated, mirrored, modified, displayed, distributed, copied, sold, resold, visited, or otherwise exploited for any purpose without express prior written consent of Advanced Monitors Corporation.
You agree not to use Advanced Monitors Corporation Services in a manner that violates any applicable law or regulation; to stalk, harass, or harm another individual; to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; to interfere with or disrupt Advanced Monitors Corporation Services or servers or networks connected to Advanced Monitors Corporation Services; use any data mining, robots, or similar data scraping or extraction methods in connection with Advanced Monitors Corporation Services; frame or utilize framing techniques to enclose any trademark, logo, proprietary, or other information (including datasheets, images, text, page layout, or form); and attempt to gain unauthorized access to any portion of Advanced Monitors Corporation Services or any other accounts, computer systems, or networks connected to Advanced Monitors Corporation Services, whether through hacking, password mining, or any other means.
Subject to any Service Terms that may apply, Advanced Monitors Corporation grants you permission to download, reproduce, display, and distribute Advanced Monitors Corporation Services solely for non-commercial or personal use, provided that you do not modify such Advanced Monitors Corporation Services, and provided further that you retain all copyright and proprietary notices as they appear in such Advanced Monitors Corporation Services.
Advanced Monitors Corporation further grants to K-12 educational institutions, universities, and community colleges permission to download, reproduce, display, and distribute Advanced Monitors Corporation Services solely for use in the classroom, provided that such institutions identify Advanced Monitors Corporation as the source of Advanced Monitors Corporation Services and include the following credit line: “Courtesy of Advanced Monitors Corporation” Unauthorized use of any Advanced Monitors Corporation Service is expressly prohibited by law, and may result in civil and criminal penalties. This grant of permission terminates if you breach any provision in these Terms of Use or Service Terms. Upon termination, you agree to destroy any materials relating to Advanced Monitors Corporation Services.
Advanced Monitors Corporation reserves the right, in its sole discretion, to terminate, suspend, or modify your registration with, or access to, all or any part of Advanced Monitors Corporation Services, without notice, at any time and for any reason.
5. Your Account
You may be granted permission to establish, access, and use an account using Advanced Monitors Corporation Services containing your preferences and other information (“Account”). The permission to establish your Account is personal to you and cannot be shared with or otherwise used by any other individual or entity. You hereby represent and warrant that all information provided to Advanced Monitors Corporation in registering for your Account is current, complete, and correct, and that you will promptly update such information following any change which renders it incomplete or incorrect. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Advanced Monitors Corporation may access, refuse service, or cancel orders in respect of, place restrictions on, remove or edit content in, or terminate your Account without notice, at any time and for any reason, including without limitation, if Advanced Monitors Corporation suspects any information provided by you is untrue, inaccurate, incomplete, not current, misleading, or fraudulent. (See Section 4 above for additional limitations.)
6. Information You Post or Submit
Certain features of Advanced Monitors Corporation Services may allow you to post or submit information. You may post reviews, comments, videos, and other content and communications, and submit suggestions, ideas, comments, questions, or other information, so long as such content is not proprietary, confidential, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, provided in violation of your obligations (ethical, legal, or otherwise), or otherwise injurious to third parties or objectionable, as determined by Advanced Monitors Corporation in Advanced Monitors Corporation’s sole discretion, and does not consist of or contain software viruses, political campaigning, commercial solicitation, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any information or other content.
If you do post or submit information, you grant Advanced Monitors Corporation a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Advanced Monitors Corporation and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that you have acquired all necessary rights in such content to enable you to grant to Advanced Monitors Corporation the rights in such content described herein, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Advanced Monitors Corporation for all claims resulting from content you supply. You agree to cooperate with Advanced Monitors Corporation as may be reasonably necessary to evidence or effectuate these rights and obligations. Advanced Monitors Corporation has the right but not the obligation to monitor and edit or remove any activity or content. Advanced Monitors Corporation takes no responsibility and assumes no liability for any content posted by you or any third party.
7. Specific Notice Regarding Software
Any software that is made available to download from Advanced Monitors Corporation Services (“Software”) is copyrighted. Use of this Software is governed by the license terms that accompany or are included with such Software (“License Terms”). Please review all License Terms carefully before downloading and using the Software.
8. Specific Notice Regarding Linking and Content from Third Party Websites
Advanced Monitors Corporation permits text links to Advanced Monitors Corporation’s websites using the plain text name of the site or the plain text name of Advanced Monitors Corporation; provided that such linking does not:
- incorporate, display, or replicate any content from Advanced Monitors Corporation’s Websites (e.g., by directly hosting Advanced Monitors Corporation content or in-lining, framing or creating other browser or border environments around Advanced Monitors Corporation content);
- use any of Advanced Monitors Corporation’s copyrighted information or logos, designs, slogans, product trademarks or service marks in or with such links unless otherwise expressly agreed by Advanced Monitors Corporation in writing;
III. present false or misleading information or impressions about Advanced Monitors Corporation products or services;
- suggest that Advanced Monitors Corporation promotes, endorses, or has any relationship with any third party or its opinions, website, products, or services; or
- result from use of any automated programs, data mining, robots, scrapers, web crawlers, or similar data gathering or extraction methods.
Advanced Monitors Corporation may provide links to, or embedded content from, websites maintained by third parties. Such third party websites are not under Advanced Monitors Corporation’s control and Advanced Monitors Corporation is not responsible for the content, products, services or other materials on or available through such websites or the actions of the operators of such websites. Advanced Monitors Corporation provides links and access to such third party websites only as a convenience and Advanced Monitors Corporation does not endorse the content, products, services, or operators of such websites. Use of third party websites, features, and tools is governed by the applicable terms of use and privacy practices of such websites and services.
9. Business Uses of Advanced Monitors Corporation Services
If you use Advanced Monitors Corporation Services on behalf of a business, that business accepts these terms and you represent and warrant that you are authorized to provide such acceptance on behalf of the business. Further you and the business agree that it will hold harmless and indemnify Advanced Monitors Corporation and its subsidiaries, officers, agents, and employees from any claim, suit or action arising from or related to the use of Advanced Monitors Corporation Services or violation of the Terms of Use or Service Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
10. Warranties and Disclaimers
Advanced Monitors Corporation SERVICES ARE PROVIDED STRICTLY “AS IS” AND WITH “ALL FAULTS”. Advanced Monitors Corporation MAKES NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO Advanced Monitors Corporation SERVICES OR USE OF Advanced Monitors Corporation SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING FOR ACCURACY, COMPLETENESS, OR SECURITY. [COMPANY] DISCLAIMS ANY WARRANTY OF TITED AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO Advanced Monitors Corporation SERVICES OR USE THEREOF. Advanced Monitors Corporation WILL NOT BE LIABLE FOR AND WILL NOT DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD PARTY INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED ON A COMBINATION OF ANY ITEMS OR PRODUCTS PROVIDED IN Advanced Monitors Corporation SERVICES. IN NO EVENT WILL [COMPANY] BE LIABLE FOR ANY ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT Advanced Monitors Corporation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OUT OF Advanced Monitors Corporation SERVICES OR YOUR USE OF Advanced Monitors Corporation SERVICES.
Advanced Monitors Corporation reserves the right to discontinue or to make corrections, enhancements, improvements, and other changes to Advanced Monitors Corporation Services, or its products and services at any time and in its sole discretion. With respect to Advanced Monitors Corporation products, please see our Product change notification and Product obsolescence policies . Advanced Monitors Corporation strongly encourages customers to purchase Advanced Monitors Corporation parts either directly from Advanced Monitors Corporation, or from Advanced Monitors Corporation Authorized Distributors. You should obtain the latest relevant information before using Advanced Monitors Corporation Services or placing orders and should verify that such information is current and complete.
Advanced Monitors Corporation may provide you with technical, applications, or design advice (including reference designs), quality characterization, reliability data, or other services. Advanced Monitors Corporation assumes no liability and makes no representations or warranties regarding such services or items. You are solely responsible for your products and applications, including those using Advanced Monitors Corporation products. To minimize the risks associated with your products and applications, you should provide adequate design and operating safeguards.
Advanced Monitors Corporation does not warrant or represent that any license, either express or implied, is granted under any patent right, copyright, mask work right, or other intellectual property right relating to any combination, machine, or process in which Advanced Monitors Corporation products or services are used. Information published by Advanced Monitors Corporation regarding third-party products or services does not constitute a license to use such products or services or a warranty or endorsement thereof. Use of such information may require a license from a third party under the patents or other intellectual property of the third party, or a license from Advanced Monitors Corporation under the patents or other intellectual property of Advanced Monitors Corporation.
Resale of Advanced Monitors Corporation products or services with statements different from or beyond the parameters stated by Advanced Monitors Corporation for that product or service voids all express and any implied warranties for the associated Advanced Monitors Corporation product or service and is an unfair and deceptive business practice. Advanced Monitors Corporation is not responsible or liable for any such statements.
You are solely responsible for the design, validation, and testing of your applications as well as for compliance with all legal, regulatory, and safety-related requirements concerning your applications. Industry best practices generally require that you conduct qualification tests on actual applications taking into account possible environmental and other conditions that your application may encounter. You represent that, with respect to your applications, you have all the necessary expertise to create and implement safeguards that (1) anticipate dangerous consequences of failures, (2) monitor failures and their consequences, and (3) lessen the likelihood of failures that might cause harm, and to take appropriate remedial actions. You agree that prior to using or distributing any systems that include Advanced Monitors Corporation products, you will thoroughly test such systems and the functionality of such Advanced Monitors Corporation products as used in such systems.
Unless Advanced Monitors Corporation has explicitly designated an individual Advanced Monitors Corporation product as meeting the requirements of a particular industry standard (e.g., ISO/TS 16949 and ISO 26262), Advanced Monitors Corporation is not responsible for any failure to meet such industry standard requirements.
Where Advanced Monitors Corporation specifically promotes Advanced Monitors Corporation products as facilitating functional safety or as compliant with industry functional safety standards, such Advanced Monitors Corporation products are intended to help enable customers to design and create their own applications that meet applicable functional safety standards and requirements. Using Advanced Monitors Corporation products in an application does not by itself establish any safety features in the application. You must ensure compliance with safety-related requirements and standards applicable to your applications.
Advanced Monitors Corporation may expressly designate certain Advanced Monitors Corporation products as completing a particular qualification (e.g., Q100, Military Grade, or Enhanced Product). You agree that you have the necessary expertise to select the Advanced Monitors Corporation product with the appropriate qualification designation for its applications and that proper Advanced Monitors Corporation product selection is at your own risk. You are solely responsible for compliance with all legal and regulatory requirements in connection with such selection.
You may not use any Advanced Monitors Corporation products in life-critical medical equipment unless authorized officers of the parties have executed a special contract specifically governing such use. Life-critical medical equipment is medical equipment where failure of such equipment would cause serious bodily injury or death (e.g., life support, pacemakers, defibrillators, heart pumps, neurostimulators, and implantables). Such equipment includes, without limitation, all medical devices identified by the U.S. Food and Drug Administration as Class III devices and equivalent classifications outside the U.S.
You will fully indemnify Advanced Monitors Corporation and its representatives against any damages, costs, losses, and/or liabilities arising out of your non-compliance with this section.
11. Privacy and Website Policies, Modification, and Severability
Please review our Privacy Policy , which also governs your use of Advanced Monitors Corporation Services, to understand our practices. Please review our Service Terms and other policies posted on this site. These terms and policies also govern your use of Advanced Monitors Corporation Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time without prior notice to you. When you visit Advanced Monitors Corporation sites or use Advanced Monitors Corporation Services you are accepting the current version of these Terms of Use. These Terms of Use supersede all previous versions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
12. Copyright Complaints
If you believe that your work was copied or posted on our websites in a way that constitutes copyright infringement, please notify our designated agent using the contact information below. You represent and warrant that all information contained in your submission is true, complete and accurate. We reserve the right to disregard any notice that is unclear or fails to comply with applicable legal requirements.
Title: Advanced Monitors Corporation (Re: Copyright Infringement Claim)
SimonTech Development
1001 Garnet Ave. Suite 200
San Diego, CA 92109
USA
e-mail:[email protected]
Tel: 858-598-3494
If you wish to report any other inappropriate or offensive content, please do so using our Information Request Form.
13. Export Control
Exports, re-exports, and transfers of Advanced Monitors Corporation products, including technology, software, software source code, technical data, related technology, and the direct products thereof (collectively “Advanced Monitors Corporation Items”) are subject to US export controls and sanctions, including, but not limited to, those administered by the Commerce Department’s Bureau of Industry and Security (“BIS”) under its Export Administration Regulations (“EAR”) (15 Code of Federal Regulations Parts 730-774), the Treasury Department’s Office of Foreign Assets Controls (“OFAC”) under its Foreign Assets Control Regulations (31 Code of Federal Regulations Part 500), and also to other applicable export control laws and regulations of non-U.S. government agencies (collectively, “Export Controls”). Certain Advanced Monitors Corporation Services may also be subject to these Export Controls.
You acknowledge and agree that you will comply, and will ensure that your subsidiaries (as applicable) comply, with Export Controls as they relate to Advanced Monitors Corporation Items and Advanced Monitors Corporation Services. You further acknowledge and agree that Advanced Monitors Corporation Items and Advanced Monitors Corporation Services may not be exported, re-exported, transferred, or resold to a person or entity barred by the U.S. Government (collectively, “Denied Persons”) from participating in export activities. Denied Persons include, but are not limited to, those individuals or entities listed on the Commerce Department’s Denied Persons List, the Commerce Department’s Entity List, the Directorate of Defense Trade Controls’ List of Statutorily Debarred Parties, and the Treasury Department’s List of Specially Designated Nationals.
You also acknowledge and agree to observe all other applicable restrictions concerning other end-uses/end-users according to other laws and regulations (e.g., European Commission regulations or any other national regulations) with respect to your use of any Advanced Monitors Corporation Items or Advanced Monitors Corporation Services.
14. General
Any claim relating to Advanced Monitors Corporation Services will be governed by and interpreted in accordance with the laws of the State of California, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in San Diego, California. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.
Advanced Monitors Corporation operates or manages this site from its offices within the United States. Advanced Monitors Corporation makes no representations that Advanced Monitors Corporation Services referenced on this site are appropriate or available for use in other areas of the world. Those who access this site from locations outside the United States are responsible for compliance with applicable local laws.
Where Advanced Monitors Corporation has provided you with a translation of the English language version of information on Advanced Monitors Corporation websites, you agree that the translation is provided for your convenience only and that the applicable English language versions will govern your relationship with Advanced Monitors Corporation. If there is any contradiction between the English language version of information on Advanced Monitors Corporation websites and the translation, the English language version will take precedence.