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World’s Best RF & Microwave Simulation Models

MODELITHICS WEB SITE TERMS OF USE

ATTENTION: PLEASE READ THESE TERMS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE THIS WEB SITE.

 

Acceptance

The following terms of use (“Terms of Use”) apply to all users of this website (the “Site”) and constitute a legal agreement between you and your company, on the one hand, and Modelithics, on the other hand. By using the Site you represent and warrant that: (i) you have or that an appropriate representative of your company has read, understands and agrees to be bound by the Terms of Use and you have the power, authority and legal right to use the Site in accordance with these Terms of Use on behalf of yourself and your company; (ii) the use of this Site by you on behalf of your company has been duly authorized by all requisite action, corporate or otherwise; and (iii) these Terms of Use are a valid, legal and binding obligation of you and your company, enforceable in accordance with its terms. If you or your company do not agree to these Terms of Use, you cannot use the Site. Modelithics may amend these Terms of Use from time to time, without notice, which amendments will be posted on the Site and will become effective upon posting. Your continued use of the Site after posting shall constitute yours and your company’s acceptance of and agreement to be bound by the amended Terms of Use. In the event you or your company purchase products based on using this Site, such purchase will be subject to these Terms of Use and you and your company shall be deemed to have accepted and agreed to be bound by these Terms of Use. The Terms of Use supplements and is in addition to: (x) any applicable written agreement(s) between Modelithics and your company; and (y) any of Modelithics’ then applicable policies; and (z) Modelithics’ standard terms and conditions, which are applicable on quoted products and services (the items referenced in (x), (y) and (z) are collectively referred to as the “MDLX Terms”). In the event there is any conflict between these Terms of Use and the terms contained within any other applicable document, the terms which are more favorable to Modelithics, as determined by Modelithics, shall apply. Reference to the terms “you”, “your” or “yourself” in the remainder of these Terms of Use refers to both you and your company, collectively, unless otherwise expressly indicated.

Scope of License

You acknowledge that all information (including, without limitation, technical information, specifications, designs, drawings, processes, engineering and manufacturing information, search engine results and related selections and descriptions, data, software models and characterizations of parts, components or circuits) published on this Site (collectively, the “Information”) is protected in the United States and internationally by a variety of laws including, without limitation, copyright laws, trademark laws, patent laws and other proprietary rights laws. Accordingly, any unauthorized use of any such Information may violate any of such or other laws. The Information is provided by Modelithics as an accommodation to its customers, and may be used by you only to promote your purchase of Modelithics’ products and services and for your own design purposes (the “Purpose”). This is a license, not a transfer of title. You acknowledge that there may be situations where the Information is subject to change, qualifications, variations, adjustments or modifications without notice. Moreover, you acknowledge and agree that the Site and the Information contained thereon may contain errors, omissions, inaccuracies, mistakes or deficiencies. Accordingly, you hereby acknowledge and agree that these risks and exposures exist while utilizing this Site, that your use of this Site is subject to such risks and exposures, and that Modelithics will have no liability on account of any of the foregoing, and that this Site should be used as a guideline only. You may not: (a) modify, distribute, publish or transmit the Information for any public or commercial purpose; (b) reproduce the Information in any form, or by any means, without prior written permission from Modelithics; (c) reverse-engineer, decompile or disassemble any Modelithics software models; (d) remove any copyright or other proprietary notices from the Information on the Site or on any copy authorized by Modelithics; (e) transfer the Information to another entity or person; (f) allow or permit access to or use of the Site or any component thereof by any unauthorized third parties or for any unlawful purpose; (g) engage in any conduct that in Modelithics’ sole and absolute discretion, restricts, inhibits or impacts any other authorized user from using the Site; (h) engage in any activities or practices that disrupt, circumvent or otherwise interfere with the operation of the Site; or (i) perform any act or omission that would violate these Terms of Use. Without limiting Modelithics’ rights under paragraph 9, Modelithics may terminate this license at any time if you are in breach of these Terms of Use.

Confidentiality

You acknowledge that the Information is confidential and proprietary to Modelithics and you agree: (i) not to reveal, report, publish, copy, disclose or transfer Information to any third party, without Modelithics’ prior written consent, or permit any third party to examine and/or make copies of any of the Information; (ii) not to use or copy the Information: (x) for any purpose except the Purpose, (y) for your own use or benefit or the benefit of others; or (z) to compete with Modelithics or otherwise use the Information in any way directly or indirectly detrimental to Modelithics; (iii) to hold the Information in strict confidence and to take all reasonable precautions to protect the Information. You acknowledge and agree that the Information is proprietary to and is the sole and exclusive property of Modelithics and that you have no right, title or interest therein. You acknowledge and agree that the Information is a trade secret and is not readily accessible to competitors of Modelithics and that such Information has been acquired and assembled at significant expenditures of time and other resources. You additionally acknowledge and agree that such Information: (i) provides Modelithics with a competitive advantage over those who do not know or use it; (ii) is kept in a safe place and Modelithics has taken and is taking all reasonable precautions to protect the secrecy of the Information and Modelithics’ legitimate interest in the Information; (iii) would be difficult for competitors of Modelithics or others to duplicate; and (iv) may be used by Modelithics in any manner it determines in order to aid in the marketing, sales and distribution of its products.

Acceptable Use

You agree to: (a) use the Site, as an authorized user, only for the Purpose and only in accordance with the Terms of Use; (b) take all precautions necessary to maintain the secrecy and security of any passwords and user IDs that may be issued by you and be solely responsible for any use, misuse, theft or loss of any such passwords and user IDs, including unauthorized access by third parties; and (c) comply with any and all applicable rules governing transactions on and through the Site. In the event of any unauthorized use of the Site or should any unauthorized use of the Site be reasonably suspected by you or your company, you must notify Modelithics immediately by telephone and concurrently provide written notice of the circumstances surrounding the event.

Use of Software

If you download software from this Site ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.

Use of Data (e.g. S-parameter files)

If you download data from this Site ("Data"), use of the Data is subject to following terms. Such data is proprietary to Modelithics or its partners and can be used only for “The Purpose” and cannot be transferred to others outside of your own organization without permission from Modelithics.

Restrictions on Use of Content

THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW. You acknowledge having been advised by Modelithics that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights"). You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. Modelithics does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another Web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Modelithics's prior express written consent..

Trademarks and Service Marks

Any trademarks, logos, slogans, product designations and service marks (collectively “Marks”) displayed on this Site are the property of Modelithics or other third parties. You are not permitted to use these Marks without the prior written consent of Modelithics or such third party which may own the Mark. This Site may contain information and disclosures of parts, methods or other technology which may be the subject of intellectual property protection owned by Modelithics. Notwithstanding anything to the contrary herein contained, nothing on this Site is to be construed as granting any license whatsoever, by implication or otherwise, to any intellectual property. Any unauthorized access or attempted access to any password protected information on this Site or any attempt to circumvent access restrictions or any other security measures is expressly prohibited.

User Submissions

Although Modelithics provides certain encryption in an effort to protect the electronic transmission of credit card numbers or social security numbers ("Financial Information") that you submit to Modelithics through the Site, Modelithics does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.

Other than Financial Information and Personally Identifiable Information, which are discussed below, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Modelithics will have no obligations with respect to the Communications. Modelithics and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Personally Identifiable Information and Financial Information: If you transmit or post personally identifiable information and/or financial information (name, address, e-mail address, phone number, social security, credit card number, etc.) to this Site, Modelithics will handle, process and safeguard it in accordance with Modelithics privacy practices. In particular, Modelithics may store your personally identifiable information and/or financial information in hard copy format and electronic media, and in Modelithics databases. WILL NOT SELL, RENT OR LEASE YOUR PERSONALLY IDENTIFIABLE INFORMATION TO OTHERS. Modelithics will only share personal identifiable information with Modelithics business partners and affiliates ,including agents, resellers and subcontractors, ("third parties") in order to better serve our customers, unless otherwise agreed by you or required by law. For further information, please consult the Modelithics Online Privacy Statement.

User Chat Rooms: Modelithics may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Modelithics, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Modelithics retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.

Links to Other Web sites: Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Modelithics has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Modelithics does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer: MODELITHICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Modelithics further does not warrant the accuracy and completeness of the materials at this Site. Modelithics may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Modelithics makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your Modelithics business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability: IN NO EVENT WILL MODELITHICS, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Applicable Laws: This Site is administered by Modelithics from its offices in Tampa, Florida. Modelithics makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws.

Termination: You agree that Modelithics, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that Modelithics believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.

General: Modelithics may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms of Use to which you are bound.

Guidelines for Linking to Modelithics Web site: Anyone linking to Modelithics Web site must comply with the provided herein guidelines and all applicable laws. A site that links to Modelithics Web site:

Violations: Please report any violations of these Terms of Use to Modelithics, Inc. to support@modelithics.com

REVISED: JANUARY 2015