Silicon Image, Inc.
Website Terms of Use
Last Updated: June 28, 2006
Welcome to the website (the "Site") of Silicon Image, Inc. and
its subsidiaries (collectively “Silicon Image”). The following
terms and conditions (these “Terms of Use”) govern your access
to and use of the Site, any information, text, graphics or other materials
appearing on the Site (the “Content”) and any services or
software provided through the Site (the “Services”).
By accessing or using the Site, Content and/or Services, you hereby agree to
follow and be bound by these Terms of Use and our
Privacy Policy,
which is incorporated herein by reference. If you do not agree to be bound by
the terms and conditions of these Terms of Use, do not use or access the Site,
Content or Services. If you are using this Site, Content or Services on behalf
of another party (such as your employer), you represent and warrant that you
have the authority to do so and to accept these Terms of Use on their behalf.
Other Terms
Areas of the Site (and your access to or use of certain Content or Services) may
have different terms of use posted or may require you to agree with and accept
additional terms and conditions. If there is a conflict between these Terms of
Use and terms of use posted for a specific area of the Site, Content or
Services, the latter shall have precedence with respect to your use of or access
to that area of the Site, Content or Services.
Notifications; Modification of Terms of Use
We may provide notices to you either by posting them on the Site or by email.
All notices are effective upon posting or when delivered. Additionally, we may
revise these Terms of Use and
Privacy Policy at
any time without notice to you. By continuing to access or use the Site, Content
or Services after we have posted any such revisions, you agree to be bound by
the revised Terms of Use. If any revision is not acceptable to you, your only
recourse is to cease using the Site, Content or Services.
Guard Your Passwords
You are responsible for safeguarding the password that you use to access any
password-protected areas of the Site. You agree not to disclose your password to
any third party. You agree to take sole responsibility for any activities or
actions under your password, whether or not you have authorized such activities
or actions. You will immediately notify Silicon Image of any unauthorized use of
your password. You are responsible for keeping your account information current
and accurate; Silicon Image will have no liability for failure to deliver
notices that result from inaccurate account information.
Your Use of Site Information
You may download, view, copy and print a single copy of any Content, subject to
the following: (i) the Content may be used solely for personal, informational,
non-commercial purposes; (ii) the Content may not be modified or altered in any
way; and (iii) your continued compliance with all the restrictions set forth in
these Terms of Use. Except as expressly permitted in these Terms of Use, you may
not otherwise use, download, upload, copy, print, display, perform, reproduce,
publish, license, post, transmit or distribute any Content or Services from this
Site in whole or in part without the express written authorization of Silicon
Image.
Any use of software and accompanying documentation you download from the Site
may be subject to the terms of a separate software license agreement between you
and Silicon Image. You must read the license agreement and indicate your
agreement to its terms prior to installing or using the software. All rights,
title and interest not expressly granted are reserved.
Your Use of Forums and Public Communication
"Forum" means a discussion group, chat area, mail bag
(including but not limited to the “Submit a Question” option), bulletin board,
news group, communication with Silicon Image and its respective webmaster or
employees, or e-mail function that is, or may be, offered as part of the Site.
You agree not to upload, email, post, publish or otherwise transmit through a
Forum any content that: (i) is false or misleading; (ii) is defamatory; (ii) is
harassing or invades another's privacy, or promotes bigotry, racism, hatred or
harm against any group or individual; (iv) is obscene or offensive; (v)
infringes another's rights, including but not limited to intellectual property
rights (including trademark, trade secret, patent or copyright) or rights of
publicity; or (vi) violates any applicable laws or regulations. Forums shall be
used in a noncommercial manner only.
By uploading, emailing, posting, publishing or otherwise transmitting content to
any Forum or submitting any content to Silicon Image, you automatically grant
(or warrant that the owner of such rights has expressly granted) Silicon Image a
worldwide, royalty-free, non-exclusive, sublicensable, perpetual and irrevocable
right and license to use, reproduce, modify, adapt, create derivative works of,
perform, display, distribute, publish and transmit such content in any form,
medium, or technology now known or later developed. In addition, you warrant
that all so-called moral rights in the content have been waived.
Feedback
You may from time to time provide feedback to Silicon Image related to the Site,
Content or Services. Such feedback may include, without limitation,
modifications, additions, fixes, improvements, enhancements, applications, test
results, procedures, information, materials, suggestions, ideas, concepts,
know-how, techniques, data, translations, developments, discoveries, inventions
and suggestions (collectively “Feedback”). You hereby grant
Silicon Image a worldwide, royalty-free, non-exclusive, sublicensable, perpetual
and irrevocable right and license to use, reproduce, modify, adapt, create
derivative works of, perform, display, distribute, publish, transmit and
otherwise use and dispose of such Feedback.
Silicon Image Property
Except as expressly permitted in these Terms of Use, you will not earn or
acquire any rights or licenses in the Site, Content or Services on account of
these Terms of Use. You acknowledge and agree that Silicon Image and its
licensors own all right, title, and interest in and to the Site, Content and
Services, including all intellectual property rights therein, even if Silicon
Image or its licensors incorporate any Feedback into subsequent versions of the
Site, Content or Services. The Site, Content and Services are protected by
copyright, trademark and other laws of both the United States and foreign
countries. Except as expressly permitted in these Terms of Use, you may not
reproduce, modify or prepare derivative works based upon, distribute, sell,
transfer, publicly display, publicly perform, transmit or otherwise use the
Site, Content or Services.
General Prohibitions
You agree not to do any of the following while using the Site, Content or
Services:
- Engage in any activities, including but not limited to posting, publishing or
transmitting any text, graphics or material, that: (i) are false or misleading;
(ii) are defamatory or libelous; (iii) invade another’s privacy; (iv) are
obscene, pornographic or offensive; (v) promote bigotry, racism, hatred or harm
against any individual or group; (vi) infringe another’s rights, including any
intellectual property, privacy or publicity rights; or (vii) violate, or
encourage any conduct that would violate, any applicable law or regulation or
would give rise to civil liability;
- Copy, modify or distribute the HTML code used to generate web pages on the Site;
- Use the Site, Content or Services on or in connection with any other website,
for any purpose;
- Access, tamper with or use non-public areas of the Site, Silicon Image computer
systems, or the technical delivery systems of Silicon Image providers;
- Attempt to probe, scan or test the vulnerability of any system or network or
breach any security or authentication measures;
- Attempt to access or search the Site, Content or Services with any engine,
software, tool, agent, device or mechanism other than the software and/or search
agents provided by Silicon Image or other generally available third party web
browsers (such as Microsoft Internet Explorer or Netscape Navigator);
- Frame or link to the Site (or any portion thereof), except as may be expressly
permitted in writing by Silicon Image;
- Send unsolicited email, bulk email, junk mail, “spam” or chain letters, or
promotions or advertisements for products or services;
- Forge any TCP/IP packet header or any part of the header information in any
email or newsgroup posting, or in any way use the Site, Content or Services to
send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the
software provided in connection with, or used to provide, the Site, Content or
Services;
- Interfere with, or attempt to interfere with, the access of any user, host or
network, including, without limitation, sending a virus, overloading, flooding,
spamming or mail-bombing the Site; or
- Impersonate or misrepresent your affiliation with any person or entity.
Silicon Image will have the right to investigate and prosecute violations of any
of the above, including intellectual property rights infringement and Site
security issues, to the fullest extent of the law. Silicon Image will involve
and cooperate with law enforcement authorities in prosecuting users who violate
these Terms of Use. You acknowledge that Silicon Image has no obligation to
monitor your access to or use of the Site, Content and Services, or any
information you may provide during your use of or access to the Site, Content
and Services, but has the right to do so for the purpose of operating the Site,
to ensure your compliance with these Terms of Use, or to comply with applicable
law or the order or requirement of a court, administrative agency or other
governmental body.
Termination of Use
If you violate any of these Terms of Use, your permission to use the Site,
Content and Services will automatically terminate. You agree that Silicon Image
may, in its sole discretion, at any time revoke your access to and use of the
Site, Content and Services, and any account(s) you may have in connection with
the Site, with or without cause. Silicon Image also reserves the right to cease
providing or to change the Site, Content or Services at any time and without
notice.
Links
The Site may contain links to third-party websites or resources, which may
provide access to content, products and services from third parties, including
users, advertisers, affiliates and sponsors of the Site. Links to such websites
or resources do not imply any endorsement by Silicon Image of such websites or
resources or the content, products or services available from such websites or
resources. You agree that Silicon Image is not responsible or liable for: (i)
the availability or accuracy of, such third-party websites or resources; (ii)
the content, advertising, products or services on or available from such
websites or resources; or (iii) any opinions, advice, offers or other
information on or available from such websites or resources. You should refer to
the policies posted by other Web sites regarding privacy and other topics before
you use them. You agree that Silicon Image is not responsible for third-party
content accessible through the Site, including opinions, advice, statements and
advertisements, and understand that you bear all risks associated with the use
of such content. If you choose to purchase any products or services from a third
party, your relationship is directly with the third party. You agree that
Silicon Image is not responsible for: (a) the quality of third party products or
services; and (b) fulfilling any of the terms of your agreement with a third
party seller, including delivery of products or services and warranty
obligations related to such purchased products or services. You agree that
Silicon Image is not responsible for any loss or damage of any sort you may
incur from dealing with any third party.
Use of the Site at Your Own Risk
Your access to and use of the Site, Content and Services is at your own risk.
Silicon Image will have no responsibility for any harm to your computer system,
loss of data or any other harm that results from your access to or use of the
Site, Content or Services.
Indemnity
You agree to defend, indemnify and hold Silicon Image and its respective
officers, directors, employees, consultants, affiliates, subsidiaries and agents
(collectively, the “Silicon Image Entities”), harmless from and
against any and all claims, liabilities, damages, losses and expenses, including
reasonable attorneys' and accounting fees and costs, arising out of or in any
way connected with your access to or use of the Site, Content or Services, or
your violation of these Terms of Use.
The Site is Available “AS-IS”
THE SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND ON AN "AS AVAILABLE"
BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE
SILICON IMAGE ENTITIES EXPLICITLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE,
OR TRADE; AND (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN,
OR THAT MAY BE OBTAINED FROM USE OF, THE SITE, CONTENT OR SERVICE ARE ACCURATE,
RELIABLE, COMPLETE, UP-TO-DATE, OR PRODUCE SPECIFIC OUTCOMES. YOU ASSUME ALL
RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR COMPUTER SYSTEM,
DAMAGES RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH RESULT FROM YOUR
USE OF OR ACCESS TO THE SITE, CONTENT OR SERVICES. ANY CONTENT, MATERIALS,
INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE, CONTENT OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
THE SILICON IMAGE ENTITIES MAKE NO WARRANTY THAT: (i) THE SITE, CONTENT OR
SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, CONTENT OR SERVICES WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (iii) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SITE, CONTENT OR SERVICES WILL MEET YOUR
EXPECTATIONS, WILL BE ACCURATE, INTEROPERABLE, COMPATIBLE, TIMELY, TRUTHFUL,
COMPLETE OR RELIABLE.
ALL ADVICE AND INFORMATION, WHETHER ORAL OR WRITTEN, IS “AS IS” AND NO ADVICE OR
INFORMATION WHETHER ORAL OR WRITTEN OBTAINED FROM THE SILICON IMAGE ENTITIES, OR
THROUGH THE SITE, CONTENT OR SERVICES, WILL CREATE ANY WARRANTY.
THE SILICON IMAGE ENTITIES ARE NOT RESPONSIBLE FOR ANY DECISIONS BASED UPON THE
SITE CONTENT. THE SILICON IMAGE ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY ERRORS OR OMISSIONS IN THE SITE, CONTENT OR SERVICES, AND MAKE NO
COMMITMENT OR WARRANTY TO CORRECT ANY SUCH ERRORS OR OMISSIONS OR UPDATE OR KEEP
CURRENT THE INFORMATION CONTAINED IN THE SITE, CONTENT OR SERVICES. IT IS YOUR
RESPONSIBILITY TO TAKE APPROPRIATE DUE DILIGENCE TO ENSURE THAT THIS INFORMATION
IS SUITABLE FOR YOUR PURPOSES, INCLUDING WITHOUT LIMITATION TO IMPLEMENT ANY
PRODUCTS OR SERVICES BASED ON SUCH INFORMATION. SPECIFICALLY, YOU ACKNOWLEDGE
THAT YOUR RELIANCE UPON SITE CONTENT WILL NOT CREATE ANY LIABILITY ON THE PART
OF THE SILICON IMAGE ENTITIES FOR ANY CLAIM (WHETHER BASED UPON THEORIES OF
PRODUCT LIABILITY OR OTHERWISE) RELATED TO THE PERFORMANCE OF ANY PRODUCT LISTED
IN SITE CONTENT.
SILICON IMAGE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE, CONTENT
OR SERVICES, INCLUDING BUT NOT LIMITED TO ADDING TO, DELETING, CHANGING OR
IMPROVING ANY OF THE INFORMATION, PRODUCT(S), SPECIFICATIONS, SERVICES,
PROGRAMS, INTERFACES AND TECHNOLOGY, AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE SILICON IMAGE
ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR
DELIVERING THE SITE, CONTENT OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, CONSEQUENTIAL, RELIANCE OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS
TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT OR SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY
OTHER LEGAL THEORY, WHETHER OR NOT THE SILICON IMAGE ENTITIES HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO
HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE
SILICON IMAGE ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, WRONGFUL OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE SILICON IMAGE ENTITIES WILL
HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT
UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE SILICON IMAGE ENTITIES TO YOU FOR
ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS
LIMITED TO THE AMOUNTS YOU HAVE PAID TO SILICON IMAGE FOR ACCESS TO AND USE OF
THE SITE, CONTENT OR SERVICES GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12)
MONTHS PRIOR TO THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SILICON IMAGE AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Severability
In the event that any part of these Terms of Use is held to be invalid or
unenforceable, the unenforceable part shall be given effect to the greatest
extent possible and the remaining parts will remain in full force and effect.
Waiver
The failure of Silicon Image to enforce any right or provision of these Terms of
Use will not be deemed a wavier of such right or provision.
Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit any
personal information to us.
Export Restrictions/Legal Compliance
You may not access, download, use, export, re-export or transfer, in whole or in
part, any of the Site, Content or Services in violation of U.S. export laws or
regulations, or in violation of any other applicable laws or regulations. You
agree to comply with all export laws and restrictions and regulations of any
United States or foreign agency or authority. You agree not to directly or
indirectly provide or otherwise make available the services, information and
products of Silicon Image in violation of any such restrictions, laws or
regulations, or without all necessary approvals.
As applicable, you shall obtain and bear all expenses relating to any necessary
licenses and/or exemptions with respect to your own use of the Site, Content or
Services outside the U.S. Neither the Site, Content or Services, nor the
underlying information, technical information or technology, may be used,
accessed, downloaded, transferred or otherwise re-exported, either directly or
indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any
other country subject to U.S. trade sanctions, to individuals or entities
controlled by such countries, or to nationals or residents of such countries
other than nationals who are lawfully admitted permanent residents of countries
not subject to such sanctions; (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals and Blocked Persons, the U.S. Commerce
Department's Denied Persons or Entity List, or its Table of Denial Orders, or
the U.S. States Department's Debarred Parties List, as such lists are published
and revised from time to time; (iii) to any party engaged in the development,
design, manufacture or production of nuclear, chemical, or biological weapons,
weapons of mass destruction or missile proliferation activities; or (iv) for use
in the design, development or production of rocket systems or unmanned air
vehicles. By agreeing to these Terms of Use, you agree to the foregoing and
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.
Applicable Laws
These Terms of Use and all matters relating to your access to, and use of, the
Site, Content and Services shall be governed by U.S. federal law or the laws of
the State of California without regard to its conflict of law provisions. Any
legal action or proceeding relating to your access to, or use of, the Site shall
be instituted in a state or federal court in Santa Clara County, California. You
and Silicon Image agree to submit to the personal and exclusive jurisdiction of,
and agree that venue is proper in, these courts in any such legal action or
proceeding.
General
These Terms of Use constitute the entire and exclusive understanding and
agreement between you and Silicon Image regarding your use of and access to the
Site, Content and Services, and may only be amended by a written agreement
signed by authorized representatives of the parties. You may not assign or
transfer these Terms of Use, in whole or in part, by operation of law or
otherwise, without the prior written consent of Silicon Image. Silicon Image may
assign these Terms of Use at any time without notice. These Terms of Use will
bind and inure to the benefit of Silicon Image’s permitted successors and
assigns. The failure to require performance of any provision shall not affect
Silicon Image’s right to require performance at any time thereafter, nor shall a
waiver of any breach or default of these Terms of Use constitute a waiver of any
subsequent breach or default or a waiver of the provision itself.
Copyright & Trademark Information
Copyright © 2006 Silicon Image, Inc. All rights reserved. These materials and
the Site, Content and Services contain proprietary information and intellectual
property of Silicon Image, Inc.
Silicon Image™, the Silicon Image™ logo, Simplay™, Simplay HD™, the Simplay HD™
logo, SteelVine™, Satalink™, and TMDS™ are trademarks or
registered trademarks of Silicon Image, Inc. in the United States and other
countries. HDMI®, the HDMI logo and High-Definition Multimedia Interface™ are
trademarks or registered trademarks of, and are used under license from, HDMI
Licensing, LLC. Other trademarks and registered trademarks are the property of
their respective owners.
Contact Information
If you have any questions regarding these Terms of Use or the Site, please
contact Silicon Image at
webmaster@siliconimage.com