1. INTRODUCTORY STATEMENT
By using or visiting the web site at www.marvell.com (the “Web site”), you expressly agree to be bound by and to adhere to these Terms and all applicable laws and regulations governing the Web site. Marvell and each of its affiliates (collectively “Marvell”) reserve the right to change these Terms at any time, effective immediately upon posting on the Web site. You should visit this page from time to time to review the then-current Terms. IF YOU DO NOT OR CANNOT AGREE TO ANY OR ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
2. PERMITTED USE OF THE WEB SITE AND MATERIALS
2.1 Through the Web site, Marvell provides you with access to content, features, information and resources that may be augmented or modified from time to time by Marvell in its sole discretion (collectively, “Materials”). You agree that you are only authorized to visit, view and to download and retain copies of pages of this Web site for your own personal, non-commercial and informational purposes only, and that you shall not duplicate, download, publish, or otherwise distribute the Materials on this Web site for any other purpose. Without limiting the foregoing, you may not modify the Materials or copy or post the Materials on any networked computer or broadcast the Materials in any media. Except as expressly provided herein or unless permitted as “fair use” under U.S. copyright law, you may not display, perform, transmit or otherwise use the Materials without the prior written consent of a duly authorized representative of Marvell.
2.2 Use of Software. If you download software from this Web site ("Software"), use of the Software is subject to the license terms in the Software license agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software license agreement.
2.3 User Content. Any material, information or other communication you transmit or post to this Web site will be considered non-confidential and non-proprietary ("User Content"). Marvell will have no obligations with respect to the User Content. Marvell will be free to copy, disclose, distribute, incorporate and otherwise use the User Content and all data, images, sounds, text, and other things embodied therein for commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Web site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in any jurisdiction. Notwithstanding the foregoing, this section is not intended to apply to personal data, which is discussed below, or to modify any written agreement between the parties regarding the disclosure and protection of confidential information.
2.4 The permission to use the Web site and Materials shall be deemed automatically revoked by Marvell without notice if you breach any of these Terms. Upon such revocation, you must immediately destroy any downloaded and printed Materials that you have in your possession. Except for the permission granted to you in Section 2.1 above, these Terms will survive and remain enforceable against you following the revocation of such permission.
3. MARVELL PROPRIETARY RIGHTS
You acknowledge and agree that the Materials are owned by Marvell and/or its suppliers and are protected by U.S. and international copyright, trademark and other applicable laws. Where Marvell has posted a legal notice or credits on pages of the Web site, you may not remove such notices or credits, or any additional information contained along with the notices and credits. Within the Materials and pages of the Web site, Marvell has included its names, marks, brands, logos, designs, trade dress, and other designations Marvell uses in connection with its product offerings and services (collectively, “Marvell Trademarks”). You may not alter or remove the Marvell Marks or display or use the Marvell Marks for any purposes without the prior written consent of a duly authorized representative of Marvell. Marvell reserves all of its rights in the Materials and Marvell Trademarks.
4. DISCLAIMER OF WARRANTIES
4.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE AND MATERIALS IS AT YOUR SOLE RISK. THE WEB SITE AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARVELL DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MARVELL MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS. IN NO EVENT WILL MARVELL OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE MATERIALS.
4.2 MARVELL MAKES NO WARRANTY THAT: (i) THE MATERIALS AND/OR WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE MATERIALS AND/OR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE MATERIALS AND/OR WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER ITEMS PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE FUNCTIONALITY OF THE WEB SITE OR MATERIALS WILL BE CORRECTED.
4.3 ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARVELL OR THROUGH THE WEB SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
5. LIMITATION OF LIABILITY
5.1 YOU AGREE THAT MARVELL AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEB SITE AND/OR MATERIALS OR SUBMISSION OF USER CONTENT TO MARVELL THROUGH THE WEB SITE.
5.2 Links to third-party websites on the Web site are provided solely as a convenience to you. If you use these links, you will leave the Web site. Marvell has not reviewed all of these third-party websites and does not control and is not responsible for any of these websites, their content or their privacy policies. Thus, Marvell does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked on this Web site, you do this entirely at your own risk.
YOU AGREE TO HOLD MARVELL HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE AND/OR MATERIALS, INCLUDING WITHOUT LIMITATION YOUR SUBMISSION OF USER CONTENT THROUGH THE WEB SITE.
8. GENERAL TERMS
8.1 Marvell controls and operates this Web site from its facilities in various locations 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 Web site from other locations, you are responsible for compliance with applicable local laws.
8.2 You acknowledge and agree that the Materials are subject to U.S. export control laws and regulations, and may be subject to export or import regulations in other countries. You agree that you will not export, reexport or transfer the Materials in violation of any applicable laws or regulations of the United States or the country where the Materials were legally obtained. You are solely responsible for obtaining any licenses or authorizations required to export, reexport, transfer or import the Materials. In addition to the above, in the absence of authorization by U.S. and local law and regulations, as required, the Materials may not be used or exported or reexported to (i) any U.S. sanctioned or embargoed country, or to nationals or residents of such countries; or (ii) any person, entity, organization or other party identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons List, or the Department of State’s Debarred Parties List, as published and revised from time to time; or (iii) any party engaged in nuclear, chemical/biological weapons or missile proliferation activities.
8.3 U.S. Government Restricted Rights. Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 (c) (1-2 ) (June 1987). Government users will receive no greater Limited Rights as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015 (b) (2) (November 1995), as applicable in any technical data at this Web site.
8.4 Unless otherwise agreed upon by you and Marvell in writing, these Terms are the only Terms that govern your use of the Web site and any Materials. These Terms and the relationship between you and Marvell shall be governed by the laws of the State of California without regard to its conflict of law provisions. In the event of any dispute between you and Marvell, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Santa Clara, California. The failure of Marvell to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event any provision of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired, and a valid, legal and enforceable provision of similar intent and effect shall be substituted for such invalid, illegal or unenforceable provision. You may not assign the Terms or any of your rights or obligations under the Terms without the express written consent of a duly authorized representative of Marvell. These Terms inure to the benefit of Marvell’s successors, assigns and licensees. These Terms are written in the English language, and the governing language of these Terms shall be English. You hereby waive and agree not to assert any right to have these Terms written in the language of your place of residence. The exercise of any right or remedy provided in these Terms shall be without prejudice to the right to exercise any other right or remedy provided by law or equity, except as expressly limited by these Terms.