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ESS TECHNOLOGY WEBSITE TERMS OF USE

Welcome to the ESS Technology (ESS) site on the World Wide Web (the Site). Please review the following basic rules that govern your use of our Site. Please note that your use of our Site is subject to the following terms (Terms).

If you do not agree with any of these Terms, do not access or otherwise use this Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the Terms set forth below.

Use of Copyrighted Contents/Trademarks


Copyright © 1997-2006 ESS Technology. All rights reserved.

The text, graphics and icons on the Site (Contents) are copyrighted materials owned by or licensed to ESS Technology. The Contents contain trademarks, service marks, and trade names that are owned by ESS Technology and its affiliates, and may also contain brand and product names that are trademarks, service marks or trade names that are owned by their respective owners. Any product, process or technology described in the Contents may be subject to other intellectual property rights that are expressly reserved by ESS, its affiliates, or third parties.

Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy, and print the Contents solely for your personal and/or internal business use and not for resale or further distribution, subject to the following conditions:

The Contents may be used for the purposes of obtaining information about ESS Technology and its products. Any copy of the Contents or portion thereof must include the above copyright notice. ESS reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon written notice from ESS Technology. Except as expressly provided above, no permission is granted to you to print, copy, store, display in public, distribute, alter, or modify the Contents. No permission is granted to use ESS’s icons, site address, or other means to hyperlink other Internet sites with any page in this Site. You agree not to “frame” or “mirror” any of the Contents contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of ESS Technology and/or its licensors, as applicable.

Downloadable Software

The software drivers (Drivers) on the Site are provided by ESS Technology as a service to its customers and single copies may be downloaded subject to the provisions below. By downloading any Drivers from this site, you agree to these Terms, unless the Drivers are accompanied by a separate download agreement, in which case the terms of that agreement shall control your rights to use the Drivers. If you do not agree to these terms, do not download any Drivers from the Site. Please be aware that the use of these Drivers in any particular system or product may or may not actually work. Because ESS Technology does not supply the end-user product, ESS cannot be responsible for the performance of the Driver software in any system.

The Drivers are copyrighted and protected by worldwide copyright laws and treaty provisions. Any unauthorized use of any Drivers downloaded from this Site may violate copyright, trademark, and other laws. The Drivers may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without ESS’s prior written permission.

You may download one copy of the object code version of the Drivers found on the Site to a single computer solely for your personal, noncommercial internal use unless specifically licensed to do otherwise by ESS in writing or as allowed by any license terms that accompany or are provided with the individual Drivers. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Drivers or use them for any commercial purpose, or any public display, performance, sale, or rental; (b) decompile, reverse-engineer, or disassemble the Drivers except and only to the extent permitted by applicable law or unless specifically licensed to do otherwise by ESS in writing or as allowed by any license terms that accompany or are provided with individual Drivers; (c) remove any copyright or other proprietary notices from the Drivers; and (d) transfer the Drivers to any other person or entity. You agree to prevent any unauthorized copying of the Drivers. ESS Technology may terminate this license with respect to one or more Drivers at any time if you are in breach of these Terms with respect to the applicable Drivers. Upon termination, you will immediately destroy the Drivers, and certify to ESS Technology that you have done so.

Links to Third Party Sites

This Site may be linked to other sites on the World Wide Web or Internet that are not affiliated with, under the control of or otherwise maintained by ESS. Such links do not constitute an endorsement by ESS of those sites. You acknowledge that ESS is providing these links to you only as a convenience, and further agree that ESS does not endorse and is not responsible for the content of such sites.

Comments and Feedback

We welcome your comments and feedback (a Submission) regarding our Site and our products and our services. We do not, however, want to receive and do not accept confidential or proprietary ideas, suggestions, materials, or other information. By communicating with ESS, you acknowledge that all information contained in any Submission from you or under your account shall be deemed to be nonconfidential. ESS shall have no obligation of any kind with respect to any such information in a Submission, and shall be free to reproduce, use, disclose, and distribute such information to others without limitation. This acknowledgement may only be changed by written agreement of ESS. Further, ESS shall be free to use any ideas, concepts, know-how or techniques contained in any such Submission for any purpose whatsoever, including, but not limited to developing, manufacturing, and marketing products incorporating such information, and in the development or creation of any intellectual property associated therewith.

Disclaimer of Warranties

ALTHOUGH ESS ENDEAVORS TO PROVIDE CURRENT, ACCURATE, AND RELIABLE INFORMATION ON THIS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR ANY USE OF INFORMATION ON THIS SITE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE, THAT YOU DO SO AT YOUR OWN RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF ESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ESS DOES NOT WARRANT THAT YOUR USE OF THIS SITE, OR THE OPERATION OR FUNCTION OF THIS SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. THE CONTENTS, DRIVERS AND ANY OTHER INFORMATION (MATERIALS) CONTAINED ON THIS SITE ARE PROVIDED AS IS WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL ESS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF ESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Intended Audience

ESS controls and operates this Site from its headquarters in the United States of America and makes no representation that the Contents are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies, or other entities located in the United States.

Privacy Policy

Your use of this Site is governed by the ESS Privacy Policy, which is available for review at http://www.esstech.com/privacy_policy.

General

Nothing contained in this Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (IP Rights) of ESS, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials and products, processes, or technologies described in the Contents are expressly reserved to ESS, its affiliates, and/or any third party, as applicable.

You agree that ESS and its licensors may make improvements and/or changes in the Contents and products described in this Site, if any, at any time without notice and without liability to you of any kind, and further agree that ESS can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.

Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Alameda County, in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of ESS to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ESS in writing. The Terms comprises the entire agreement between you and ESS and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Contact Us

If you would like to contact ESS, you may do so by calling (510) 492-1088 or faxing at (510) 492-1098.

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