Sigma Delta Technologies Inc.

Terms of Use

 

Last Updated: October 15, 2018

1. Scope and Content

Sigma Delta Technologies Inc., B1024-2, 119, Songdomunwha-ro, Yeonsu-gu, Incheon 21985, Repulic of Korea and its subsidiaries (together, “SDT”, “we”, or “our”) provide content, website features, and other products and services to you on SDT’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, “SDT Services”). You understand and agree that you remain responsible for using your independent analysis, evaluation, and judgment in designing your systems and products. SDT provides SDT Services subject to these terms of use (“Terms of Use”).

 

 

2. You Agree

 

By using SDT Services, you agree to these Terms of Use. These Terms of Use are a legal agreement between you and SDT. By using SDT Services, you also agree to SDT’s Privacy Policy (including Cookie Policy), which is incorporated herein by reference. Please read these documents carefully. If you do not agree to these terms, do not use SDT Services.

 

 

3. Service Terms

 

SDT offers a wide range of SDT Services, and sometimes additional terms may apply. When you use an SDT Service, your use of such SDT Service is subject to the guidelines, terms, notices and disclaimers, end user license agreements, and other agreements applicable to that SDT 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 SDT Services

 

You agree not to use SDT 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 SDT Services or servers or networks connected to SDT Services; use any data mining, robots, or similar data scraping or extraction methods in connection with SDT Services; frame or utilize framing techniques to enclose any trademark, logo, proprietary, or other information (including data sheets, images, text, page layout, or form); and attempt to gain unauthorized access to any portion of SDT Services or any other accounts, computer systems, or networks connected to SDT Services, whether through hacking, password mining, or any other means.

Subject to any Service Terms that may apply, SDT grants you permission to download, reproduce, display, and distribute SDT Services solely for non-commercial or personal use, provided that you do not modify such SDT Services, and provided further that you retain all copyright and proprietary notices as they appear in such SDT Services.

SDT reserves the right, in its sole discretion, to terminate, suspend, or modify your registration with, or access to, all or any part of SDT 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 SDT 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 SDT 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. SDT 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 SDT suspects any information provided by you is untrue, inaccurate, incomplete, not current, misleading, or fraudulent.

 

 

6. Information You Post or Submit

 

Certain features of SDT 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 SDT in SDT’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 SDT 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 SDT 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 SDT 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 SDT for all claims resulting from content you supply. You agree to cooperate with SDT as may be reasonably necessary to evidence or effectuate these rights and obligations. SDT has the right but not the obligation to monitor and edit or remove any activity or content. SDT takes no responsibility and assumes no liability for any content posted by you or any third party.

 

 

7. Specific Notice Regarding Linking and Content from Third Party Websites

SDT permits text links to SDT’s websites provided that such linking does not:

  • incorporate, display, or replicate any content from SDT’s Websites (e.g., by directly hosting SDT content or in-lining, framing or creating other browser or border environments around SDT content);

  • use any of SDT’s copyrighted information or logos, designs, slogans, product trademarks or service marks in or with such links unless otherwise expressly agreed by SDT in writing;

  • present false or misleading information or impressions about SDT products or services;

  • suggest that SDT 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.

 

SDT may provide links to, or embedded content from, websites maintained by third parties. Such third-party websites are not under SDT’s control and SDT 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. SDT provides links and access to such third-party websites only as a convenience and SDT 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.

 

 

8. Business Uses of SDT Services
 

If you use SDT 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 SDT and its subsidiaries, officers, agents, and employees from any claim, suit or action arising from or related to the use of SDT 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.

 

 

9. Warranties and Disclaimers

SDT SERVICES ARE PROVIDED STRICTLY “AS IS” AND WITH “ALL FAULTS”. SDT MAKES NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO SDT SERVICES OR USE OF SDT SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING FOR ACCURACY, COMPLETENESS, OR SECURITY. SDT DISCLAIMS ANY WARRANTY OF TITLE 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 SDT SERVICES OR USE THEREOF. SDT 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 SDT SERVICES. IN NO EVENT WILL SDT BE LIABLE FOR ANY ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT SDT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OUT OF SDT SERVICES OR YOUR USE OF SDT SERVICES.

SDT reserves the right to discontinue or to make corrections, enhancements, improvements, and other changes to SDT Services, or its products and services at any time and in its sole discretion. SDT strongly encourages customers to purchase SDT parts either directly from SDT, or from SDT Authorized Semiconductor Distributors. You should obtain the latest relevant information before using SDT Services or placing orders and should verify that such information is current and complete.

SDT products are sold subject to separate terms (see, for example, SDT’s ‘Terms of Sale’ as agreed by SDT at the time of order acknowledgment.

SDT may provide you with technical, applications, or design advice (including reference designs), quality characterization, reliability data, or other services. SDT 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 SDT products. To minimize the risks associated with your products and applications, you should provide adequate design and operating safeguards.

SDT 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 SDT products or services are used. Information published by SDT 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 SDT under the patents or other intellectual property of SDT.

Resale of SDT products or services with statements different from or beyond the parameters stated by SDT for that product or service voids all express and any implied warranties for the associated SDT product or service and is an unfair and deceptive business practice. SDT 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 SDT products, you will thoroughly test such systems and the functionality of such SDT products as used in such systems.

Unless SDT has explicitly designated an individual SDT product as meeting the requirements of a particular industry standard SDT is not responsible for any failure to meet such industry standard requirements.

Where SDT specifically promotes SDT products as facilitating functional safety or as compliant with industry functional safety standards, such SDT products are intended to help enable customers to design and create their own applications that meet applicable functional safety standards and requirements. Using SDT 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.

SDT may expressly designate certain SDT products as completing a particular qualification. You agree that you have the necessary expertise to select the SDT product with the appropriate qualification designation for its applications and that proper SDT 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 SDT 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 SDT and its representatives against any damages, costs, losses, and/or liabilities arising out of your non-compliance with this section.

 

 

10. Privacy and Website Policies, Modification, and Severability
 

Please review our Privacy Policy (including our Cookie Policy), which also governs your use of SDT 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 SDT 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 SDT sites or use SDT 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.

 

 

11. 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.

Designated Agent (Re: Copyright Infringement Claim)
Sigma Delta Technologies Incorporated
B1024-2, 119, Songdomunwha-ro
Yeonsu-gu, Incheon 21985
Republic of Korea
e-mail: admin@sigma-delta.tech
Tel: +82-32-815-5305

If you wish to report any other inappropriate or offensive content, please do so by contacting us at admin@sigma-delta.tech.

 

 

12. General
 

Any claim relating to SDT Services will be governed by and interpreted in accordance with the laws of the Republic of Korea, 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 district courts sitting in Seoul, Republic of Korea. 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.

SDT operates or manages this site from its offices within the Republic of Korea. SDT makes no representations that SDT 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 Republic of Korea are responsible for compliance with applicable local laws.

Where SDT has provided you with a translation of the English language version of information on SDT websites, you agree that the translation is provided for your convenience only and that the applicable English language versions will govern your relationship with SDT. If there is any contradiction between the English language version of information on SDT websites and the translation, the English language version will take precedence.

 

Copyright © 2018-2019 Sigma Delta Technologies Inc.