IMPORTANT INFORMATION ON TERMS OF USE AND LEGAL RESTRICTIONS NOTICE: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU ACCEPT THESE TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
Use of Site
Ettus Research (“Ettus”) authorizes you to view and download the materials at this website (“Site”) only for your personal, non-commercial use in accordance with the terms and conditions set forth herein, including without limitation the following restrictions: (a) you must retain all copyright and other proprietary notices contained in the original materials on any copies of the materials; (b) you may not modify the materials at this Site in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purpose; and (c) you may not use any of these materials on any other website or networked computer environment for any purpose. Unauthorized use of any materials at this Site may violate copyright, trademark and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Any rights not expressly granted herein are reserved to Ettus.
User Contributions
Any information or material (“Communications”) that you transmit to this Site is considered non-confidential. Ettus has no obligations with respect to the Communications, and Ettus is free and authorized Ettus Research to copy, disclose, distribute, incorporate, translate and otherwise use the Communications and all related data, images, sound and text for any and all purposes. Ettus reserves the right, in its sole discretion on a case-by-case basis, to remove, reject or otherwise modify any such Communications or any portion(s) thereof. Ettus may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications, including but not limited to discussion groups, bulletin boards, blogs or other user forums, and the content of any such Communications. Ettus, however, has no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademark, libel, privacy, obscenity or otherwise.
ETTUS DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUCH COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF, INTELLECTUAL PROPERTY.
Your Conduct
In the areas on the Site where users transmit or post Communications, you are prohibited from:
Uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents. Uploading files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer. Advertising or offering to sell or buy any goods or services. Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restricting or inhibiting any other user from transmitting or posting Communications. Harvesting or otherwise collecting information about others, including email addresses.
By transmitting any such Communications, you warrant that: (a) you have full authority to transmit such Communications; (b) you are the sole owner of the Communications and/or such Communications constitute material in the public domain; and (c) neither the Communications nor any part(s) of the Communications will (x) infringe any copyright or other intellectual property rights or violate any proprietary rights or rights of publicity or privacy; (y) contain any scandalous, libelous or unlawful matter; or (z) contain any formula, process, instruction or other material that is injurious to a person or property.
Links To Other Websites
Links to third-party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Ettus does not control and is not responsible for any of these sites or their content. Thus, Ettus 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
THE CONTENTS OF THIS SITE, AND DOWNLOADS AVAILABLE FROM THIS SITE ARE PROVIDED “AS IS.” ETTUS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The contents of this Site could contain technical inaccuracies, typographical errors or out-of-date information. Information may be updated or changed at any time, without notice. Use of such information is therefore at your own risk. Warranties for products purchased from Ettus are provided in separate documents. Mention of non-Ettus products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
Third-Party Information
Certain portions of the Site feature information regarding the products or services of third-parties. Ettus believes the respective third-party providers offer the types of products described and the support services indicated, but Ettus is not responsible for any errors or omissions in the descriptions. Links to third-party provider websites provided on the Site are subject to the terms regarding “Links To Other Websites” provided above. Limitation of Liability. ETTUS WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENTS OF THIS SITE, EVEN IF ETTUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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
Ettus Research administers this Site from its offices in Austin, Texas and Mountain View, California. Ettus 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, export or re-export the materials at this Site or any copy or adaptation thereof 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 Texas without giving effect to any principles of conflicts of laws.
Use of Press Materials
If you are a news publication agency, Ettus grants to you and you accept from Ettus a limited, non-exclusive, worldwide license and right to copy, distribute, publish and display (collectively referred to as “Use”) datasheets, images, press materials, white papers and FAQs that Ettus supplies to you through this Site (collectively, “Copyrightable Works”). A “news publication agency” is defined as an organization whose primary function is summarizing and analyzing news and which publishes, on a regular periodic basis, media containing news articles of opinion, features and advertising. All rights not expressly granted to you are reserved to Ettus. Your right to use the Copyrightable Works is limited to Use in trade journals, newspapers, magazines, news publishing websites and other publications maintained by news publication agencies. Notwithstanding the rights granted to you above, in no event may you use the Copyrightable Works in any manner that (in Ettus’ opinion) defames, tarnishes or otherwise injures the reputation of Ettus.
Use Limitation
If you are an entity other than a news publication agency, you agree to notify Ettus in writing of: The name or description of the requested Copyrightable Work(s). Your intended use of the requested Copyrightable Work(s). The type and/or name of the publication you intend to create. Any modifications or alterations you intend to make to the requested Copyrightable Works.
You agree not to use the Copyrightable Works without Ettus’ prior written approval, which may be given or withheld by Ettus in its sole discretion on a case-by-case basis. Ettus may, in its sole discretion on a case-by-case basis, impose further limitations or restrictions on your use of such Copyrightable Works or require you to pay fees, costs and/or royalties (collectively, “Fees”) in connection with delivery or use of such Copyrightable Works.
For example, if you intend to alter one of the Copyrightable Works (creating a derivative work therefrom) Ettus may require you to submit your derivative work for Ettus’ final approval before publishing such derivative work. Ettus may also request that you supply Ettus with a copy of your work for its review prior to supplying you with the requested Copyrightable Works. Finally, Ettus may limit the geographic scope of your use (i.e., to the United States).
Notwithstanding the rights that may be granted to you by Ettus, as described above, in no event may you use the Copyrightable Works in any manner that (in Ettus’ opinion) defames, tarnishes or otherwise injures the reputation of Ettus. Ettus reserves the right to impose further limitations or restrictions that it believes are necessary on a case-by-case basis and you hereby agree to abide by such limitations or restrictions before using such Copyrightable Works.
General
Ettus 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.
Linking. Ettus gives you a non-exclusive, nontransferable permission, revocable by Ettus in its sole discretion at any time, to display the word mark “Ettus Research,” in font and color that is non-distinctive from the font and color used to represent other html links to third-party websites on your website, only to represent an html link to the Ettus website homepage (www.ettus.com), subject to the following terms and conditions, each of which you agree to comply with: No linking from any websites or pages that are obscene, pornographic or illegal is permitted. No linking from any websites that disparage Ettus or any of its products or services is permitted. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ETTUS AND ITS PARENT COMPANIES, AFFILIATES AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES), EVEN IF CAUSED OR CONTRIBUTED BY ANY NEGLIGENCE ON THE PART OF ETTUS, ANY OF ITS AFFILIATES, OR OTHERS, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: ANY FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS; YOUR WEBSITE OR WEB PAGE ON WHICH THE LINK APPEARS OR WITH WHICH THE LINK IS ASSOCIATED, INCLUDING WITHOUT LIMITATION ANY STATEMENTS OR CLAIMS MADE ON SUCH WEBSITE OR WEB PAGE; OR ANY PRODUCTS OR SERVICES SOLD OR MARKETED ON SUCH WEBSITE OR WEB PAGE.
Revised December 2011
Notice of Copyright Infringement Claims Ettus is concerned about protecting the copyright and other intellectual property rights of others. We urge you to adhere to all applicable copyright laws. We may disable or terminate any user account and remove or modify any content on our website in our discretion. You may notify Ettus in writing by providing the following information to our designated agent, as required by 17 U.S.C. § 512, if you believe you have a copyright infringement claim resulting from material posted on this website:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material (preferably a copy of the relevant URL);
- Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
- A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Please provide your written notification to our designated agent who may be contacted as follows:
C/O: Legal
11500 N Mopac Expressway
Austin, TX 78759
Revised December 2011