1. Acceptance of Terms of Conditions
This website and the materials made available by and through this website are provided by HÖLZEL & ISERHAGEN GBR and its affiliates (“Onnoa”) for use by its customers, consumers, employees, and ecosystem partners and is intended for personal and informational use only. By accessing, browsing, or using this website or the materials, you accept and agree to be bound by these Terms of Use and any additional terms and conditions which may accompany the materials made available through this website (collectively, the “Terms”). If you are an individual acting on behalf of an entity, you represent and warrant that you have the authority to agree to the Terms on behalf of that entity and to bind that entity to the Terms. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE THIS WEBSITE OR ANY MATERIALS FROM IT.
2. Scope of Terms. Modifications.
2.1 Application: The Terms apply to all websites where these Terms are posted, displayed, or referenced (“Websites”), whether the sites are sponsored, managed, or hosted by Onnoa or third parties. The Terms also apply to any resources and tools provided through the Websites, including but not limited to developer tools, software, download areas, research areas, community forums, chat rooms, blogs, sharing sites, and product information. Finally, the Terms apply to documents made available on the Websites such as white papers, press releases, datasheets, and specification documents. Hereafter, all materials provided by the Websites will be referred to as the “Materials.”
2.2 Supplementary Terms for Materials and Sub-Sites: Certain Materials or sub-sites accessible via the Websites may have their own supplementary terms and conditions specific to them. By accessing or using those Materials or sub-sites, you accept and agree to be bound by the applicable supplementary terms and conditions. These Terms will apply and remain in effect with respect to those Materials and sub-sites, provided that, to the extent these Terms conflict with or are superseded by any such supplementary terms and conditions, the supplementary terms and conditions will govern and control.
2.3 Changes and Updates to Terms: Onnoa may, but is not required to, substitute, add to, change, or remove any part of the Terms at any time without notice to you (“Modified Terms”). Modified Terms will be effective when posted by Onnoa, and your use of the Websites or the Materials after the posting of the Modified Terms will be deemed your acceptance of and agreement to be bound by the Modified Terms. The date on which the Modified Terms are posted will be stated at the beginning of the Modified Terms. If you do not agree to the Modified Terms, you must stop using the Websites and Materials.
2.4 Modification of Websites and Materials: Onnoa may, but is not required to, substitute, add to, change, remove, disable, or suspend the Websites, the Materials, or any portion thereof, temporarily or permanently, at any time without notice to you. These changes may include without limitation alterations to the features, functions, specifications, and pricing of any products or services described in or displayed on the Websites or the Materials.
3. Security and Privacy
3.1 Personal Information: Personal information you submit to Onnoa through forms on the Websites or the Materials is governed by Onnoa’s Privacy Policy, which describes how Onnoa collects, processes, and discloses your personal information. By accessing and using the Websites, you acknowledge that you have read and understand Onnoa’s Privacy Notice.
3.2 Member Account, Password, and Security: Accessing certain Materials and/or sub-sites may require that you establish a member account and select a password. It is a condition of your use of those Materials and sub-sites that all the information you provide as part of registering for an account is accurate, current, and complete. Your account is personal to you. You are entirely responsible for maintaining the confidentiality of your password and account. You may not permit any third party to use your account, nor may you use anyone else’s account at any time. Furthermore, you are entirely responsible for activities that occur under your account. You agree to notify Onnoa immediately of any unauthorized use of your account or any other breach of security in connection with your account or your password.
3.3 Misuse of Account: Onnoa will not be liable to you or to any third party for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, Onnoa reserves the right to hold you liable for losses incurred by Onnoa or by a third party due to someone else using your account or password.
3.4 Disabling or Suspension of Account: Onnoa has the right to disable or suspend any account at any time in Onnoa’s sole and absolute discretion, no matter the reason, without notice to you.
4. Use of Websites and Materials
4.1 No Unlawful or Prohibited Use: You agree that you will not use the Websites or the Materials for any purpose that is unlawful or prohibited by the Terms. You must not:
4.1.1 Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
4.1.2 Use the Websites or the Materials to stalk or otherwise harass or harm another;
4.1.3 Impersonate any person or entity, including but not limited to an Onnoa official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with Onnoa or any person or entity, or collect or store personal data about other users in connection with any prohibited conduct or activities;
4.1.4 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Websites or the Materials;
4.1.5 Upload, post, email, transmit, or otherwise make available any content that you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4.1.6 Upload, post, email, transmit, or otherwise make available any content that infringes or misappropriates any patent, trademark, trade secret, copyright, or any other proprietary rights of Onnoa or any third party;
4.1.7 Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
4.1.8 Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
4.1.9 Use the Websites or the Materials in any manner that could damage, disable, overburden, or impair any Onnoa server or network(s) connections, disobey any requirements, procedures, policies, or regulations of networks connected to the Websites or the Materials, or interfere with any other party’s use and enjoyment of the Websites or the Materials;
4.1.10 Circumvent any use-limitation or restricted-access technology used by the Websites or the Materials, or otherwise attempt to gain unauthorized access to the Websites or the Materials, or any other accounts, computer systems, or networks connected to any Onnoa server or the Materials, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or the Materials;
4.1.11 Remove any copyright or other proprietary rights notices placed upon the Websites or Materials;
4.1.12 Perform automated searches against Onnoa’s systems (except for non-burdensome federated search services), including using automated “bots,” link checkers, or other scripts or web scraping technologies, without the prior written permission of Onnoa;
4.1.13 Use the Websites or the Materials to create products or perform services which compete or interfere with those of Onnoa;
4.1.14 Text mine, data mine, or harvest metadata from the Websites or the Materials; or
4.1.15 Download all or parts of the Websites or the Materials in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of the Websites or the Materials, in any form.
4.2 Enforcement: Enforcement of this section is solely at Onnoa’s discretion, and failure to enforce this section in some instances does not constitute a waiver of its right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Websites or Materials will not contain any content or conduct that is prohibited by this section.
5. Retained Rights. Patents.
5.1 Retained Rights: You acknowledge and agree that Onnoa or its licensors own all legal rights, title, and interest in and to the Websites and the Materials, and that the Websites and Materials are protected by worldwide copyright laws and treaty provisions. Except as set forth in these Terms and unless otherwise specified in the Materials themselves or pursuant to any license terms or permissions for the Materials, (a) no license rights or other rights are granted to you under any patents, copyrights, trademarks, or trade secret information, whether by implication, estoppel or otherwise, and (b) you may not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell the Websites or the Materials. Any unauthorized use of the Websites or the Materials may infringe Onnoa’s or a third party’s copyright rights, trademark rights, or other proprietary rights, may violate laws relating to privacy and publicity, and may result in civil or criminal liability.
5.2 Patents: You may not use or facilitate the use of the Websites or any Materials in connection with any patent or other intelectual property infringement analysis concerning Onnoa products. By your use of the Websites or Materials, you agree to grant to Onnoa (and do hereby grant to Onnoa) a non-exclusive, royalty-free license to any patent claims which include subject matter disclosed in the Websites or the Materials, and agree not to assert against Onnoa any claims for patent infringement based on any such patent claims.
6. Notices Related to Content
6.1 Trademarks: Any trade names, trademarks, service marks, logos, trade dress, and other brand features (“Trademarks”) displayed on or featured in the Websites or the Materials are the property of either Onnoa or third-party licensors. Nothing in these Terms grants you any license rights or other rights to use or display any such Trademarks.
6.2 Third Party Content: The Websites and the Materials may contain third party submitted content. Such content is not reviewed, approved, or endorsed by Onnoa and is provided solely as a convenience to you. Under no circumstances will Onnoa be liable to you or to any third party in any way for any third-party submitted or provided content, including but not limited to any errors or omissions, or damages of any kind. By your use of the Websites, you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such third party content.
7. User Content Submissions
7.1 The Websites may include functionality that allows the user to transmit or submit User Content to Onnoa using the Websites or to post or display User Content on the Websites. You acknowledge and agree as follows with respect to User Content:
7.2 Definition of User Content: “User Content” means any content or materials that a user provides, transmits, or submits to Onnoa using the Websites or posts, uploads, or displays on the Websites. “User Content” includes but is not limited to user registration, participation, public sharing, posting, uploading, linking, downloading, transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting user content, including but not limited to graphics, art, software, code, data, text, video, audio, opinions, descriptions, photographs, pictures, etc.
7.3 Treatment of User Content: Onnoa does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Onnoa expressly disclaims any and all liability in connection with User Content. Onnoa will remove User Content if properly notified that it infringes on another’s copyright rights in accordance with the section of these terms titled “DMCA Copyright Infringement Claim.” Onnoa further reserves the right to remove User Content no matter the reason, in its sole discretion, and without prior notice to you or to any third party.
7.4 Ownership of User Content: Onnoa does not claim ownership of any User Content. However, unless otherwise agreed to in writing, Onnoa will be free to use User Content without compensation or payment to you. Onnoa is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized Onnoa representative, User Content you transmit or post to the Websites will be considered non-confidential and non-proprietary. Onnoa will further have the right, but not the obligation, to use any know-how, ideas, or other concepts included or contained in the User Content without compensation or payment to you.
8. Notices
8.1 Changes to Specifications: Onnoa may make changes to product specifications and product descriptions at any time, without notice to you. Designers must not rely on the absence or characteristics of any features or instructions marked “reserved” or “undefined.” Onnoa reserves these for future definition and will have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them. The product information on the Websites or the Materials is subject to change without notice to you. Do not finalize a design using this information.
8.2 Defects and Errata: The products described in the Websites or the Materials may contain design defects or errors known as errata which may cause the products to deviate from published specifications. Current characterized errata are available on request.
9. Links to Other Materials or Sites
The Websites and/or the Materials may contain links to other Internet sites. The linked sites are not under the control of Intel and Intel is not responsible for the content of any linked site or any link contained in a linked site. Intel reserves the right to terminate any link or linking program at any time. Intel does not endorse companies or products to which it links and reserves the right to note as such on the Websites or the Materials. If you decide to access or use linked sites, you do so entirely at your own risk.
10. Exclusion of Warranty. Limitation of Liability. Indemnification
10.1 Exclusion of Warranty: YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
10.2 UNLESS OTHERWISE EXPRESSLY STATED IN THE MATERIALS THEMSELVES OR PURSUANT TO ANY LICENSE TERMS OR PERMISSIONS FOR THE MATERIALS, THE WEBSITES AND THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. Onnoa AND EACH OF ITS SUPPLIERS OR LICENSORS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY, TITLE, OR NON-INFRINGEMENT. ACCORDINGLY, YOUR USE OF THE WEBSITES AND THE MATERIALS IS AT YOUR SOLE RISK.
10.3 Onnoa DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR SUFFICIENCY OF ANY MATERIALS MADE AVAILABLE THROUGH THE WEBSITES AND AS SUCH YOUR USE OF ANY MATERIALS OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR OTHER DEVICES OR FOR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE MATERIALS.
10.4 Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT Onnoa, ITS LICENSORS AND SUPPLIERS WILL NOT BE LIABLE TO YOU FOR:
10.5 ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR SIMILAR LOSS, IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES OR THE MATERIALS, INCLUDING WITHOUT LIMITATION THE USE OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, SERVICES, OR INFORMATION MADE AVAILABLE ON THE WEBSITES, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY UNDER WHICH SUCH DAMAGES ARE SOUGHT (WHETHER IN AN ACTION FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE (INCLUDING STRICT LIABILITY), OR OTHER ACTION IN TORT).
10.6 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT IN OR ON THE WEBSITES, THE MATERIALS, OR THE DOCUMENTS, ANY CHANGES MADE BY Onnoa THERETO, OR ANY PERMANENT OR TEMPORARY CESSATION BY Onnoa IN THE PROVISION THEREOF, OR (b) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
10.7 THE FOREGOING LIMITATIONS ON Onnoa’S LIABILITY WILL APPLY WHETHER OR NOT Onnoa KNEW OF, WAS ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITES OR THE MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE.
10.8 Indemnification: You agree to indemnify, at Onnoa’s election defend, and hold Onnoa and each of its officers, directors, employees, agents, representatives, partners, suppliers, and licensors (the “Indemnified Parties”) harmless from and against all actions, claims, or demands, and all losses, damages, liabilities, fees, fines, penalties, costs, and expenses (including without limitation attorneys’ fees and legal costs) arising from or relating to your breach or violation of the Terms or any content you make available through the Websites or Materials. You acknowledge and agree that Onnoa may, at any time, assume the exclusive defense and control over any claim for which you owe indemnity to Onnoa hereunder, and you agree to fully cooperate with Onnoa, at Onnoa’s reasonable request, in connection with Onnoa’s defense and investigation of any such claim. You agree that you will not settle or compromise any claim for which indemnity is owed hereunder without Onnoa’s prior written consent, which Onnoa may refuse, withhold, condition, or delay, no matter the reason, in its sole and absolute discretion.