Terms of Use

 

 

Terms of Use
1. Scope

1.1. Any use of this web site provided by Highness Microelectronics Pvt. Ltd. (“Highness”) and/or its affiliates, “Highness Web Site”, is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions. By accessing or using the Highness Web Site these Terms of Use are accepted in their then current version.
1.2. In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly

2. Services

2.1. This Highness Web Site contains specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.
2.2. Highness may stop the operation of the Highness Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Highness cannot accept any liability for the continuous availability of the Highness Web Site.

3. Rights of Use to Information, Software and Documentation

3.1. The use of any information, software and documentation made available on or via this Highness Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Highness. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.
3.2. Highness grants User a non-exclusive and non-transferable license, which may not be sub-licensed, to use the information, software and documentation made available to the User on or via the Highness Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Highness in making same available.
3.3. Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case Highness shall make the source code available in return for the payment of costs.
3.4. Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.
3.5. The information, software and documentation are protected by copyright laws as well as international copyright treaties and other laws and conventions related to intellectual property by Highness or respective publisher and/or owner. Please refer to our Disclaimer section for details of other publishers and/or owner. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.

4. Intellectual Property


4.1. Notwithstanding the particular provisions in § 3 of these Terms of Use, information, brand names and other contents of the Highness Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Highness.

4.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
4.3. Highness may, without charge, use any ideas or proposals stored by a User on the Highness Web Sites for the development, improvement and sale of its products.

5. Duties of the User


5.1. In accessing or using the Highness Web Site the User shall not

– harm other persons, in particular minors, or infringe their personal rights;
– breach public morality in its manner of use;
– violate any intellectual property right or any other proprietary right;
– upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
– transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
– distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
5.2. Highness may deny access to the Highness Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

6. Hyperlinks

The Highness Web Site may contain hyperlinks to the web pages of third parties. Highness shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Highness does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User and/or governed by ‘Terms of Use’ policy of that particular web site.

7. Liability for defects of title or quality


7.1. Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving wilful misconduct or fraud.

7.2. The information on the Highness Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

8. Other Liability, Viruses


8.1. The liability of Highness for defects in relation to quality and title shall be determined in accordance with the provisions of § 7 of these Terms of Use. Any further liability of Highness is excluded unless required by law, e.g. under the Act on Product Liability or in cases of wilful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no wilful misconduct or gross negligence.

8.2. Although Highness makes every endeavour to keep the Highness Web Site free from viruses, Highness cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilise a virus scanner before downloading any information, software or documentation.
8.3. §§ 8.1 and 8.2 do not intend nor imply any changes to the burden of proof to the User’s disadvantage.

9. Compliance with Export Control Regulations


9.1. If the User transfers information, software and documentation provided by Highness to a third party, the User shall comply with all applicable national and international (re-) export control regulations.

9.2. Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that
– There will be no infringement of an embargo imposed by the United Nations and/or other International Treaties by such transfer or by provision of other economic resources in connection with information, software and documentation provided by Highness, also considering the limitations of domestic business and prohibitions of by-passing those embargoes;
– Such information, software and documentation provided by Highness are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorisation, unless required authorisation is provided;
– The regulations of all applicable Sanctioned Party Lists of the United Nations concerning the trading with entities, persons and organisations listed therein are considered.
9.3. If required to enable authorities or Highness to conduct export control checks, the User, upon request by Highness, shall promptly provide Highness with all information pertaining to the particular end-user, the particular destination and the particular intended use of information, software and documentation provided by Highness, as well as any export control restrictions existing.
9.4. The User shall indemnify and hold harmless Highness from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate Highness for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.
9.5. Highness’ obligation to fulfil an agreement is subject to the proviso that the fulfilment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargoes or other sanctions.

10. Data Privacy Protection


For collection, use and processing of personally identifiable data of the User of the Highness Web Site, Highness shall comply with applicable laws on data privacy protection and the Highness Web Site Data Protection Privacy Policy, which is available per hyperlink on the Highness Web Site and/or on www.highnessmicro.com.

11. Supplementary Agreements, Place of Jurisdiction, Applicable Law


11.1. Any supplementary agreement requires the written form.

11.2. The place of jurisdiction shall be Mumbai, India if the User is a merchant.
11.3. The individual pages of the Highness Web Site are operated and administered by Highness Microelectronic Pvt. Ltd. and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Highness makes no representation that information, software and/or documentation on the Highness Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Highness Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Highness Web Site’s information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Highness, the User should contact the Highness representative for the particular region and/or country for specific business.
11.4. These Terms of Use shall be governed by – and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with – the laws of India, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

12. Disclaimer

Any of the logo, brand name, trademarks, service marks, collective marks, design rights, whitepapers, datasheets, manuals, personality rights or similar rights that are mentioned on this website are the property of their respective owners.

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