 |
 |
 |
 |
 |
|
|
|
|
|
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. Solarflare Communications, Inc. (“Solarflare”) provides this web site and all site-related services (collectively, the “Solarflare Website”) subject to your compliance with the terms and conditions set forth in these Terms of Use. These Terms of Use govern the relationship between Solarflare and you, the Solarflare Website visitor or user (“you,” “your”) with respect to your use of the Solarflare Website. It is important that you read carefully and understand these Terms of Use. BY USING AND/OR VISITING THE SOLARFLARE WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE. If you do not agree to any of these terms, please do not use the Solarflare Website.
Solarflare reserves the right to change the Terms of Use from time to time at its sole discretion. Any such changes will be effective immediately upon notice, which Solarflare may provide by, including without limitation, posting the new or revised Terms of Use on the Solarflare Website. Continued use of the Solarflare Website following such changes will be deemed acceptance of such changes. Please return to this page periodically to ensure familiarity with the most current version of the Terms of Use.
The information, data, services, software, documentation, logos, trademarks, artwork, text, pictures and other materials (collectively, “Materials”) contained on the Solarflare Website are owned by Solarflare, Inc. and/or its suppliers. Any such materials are protected by copyright and trademark laws and international treaties. Any such Materials may also be the subject of other intellectual property rights of Solarflare and/or its suppliers all of which rights are reserved by Solarflare and its suppliers. Solarflare reserves all rights not expressly granted in and to the Solarflare Website and the Materials. Nothing on the Solarflare Website shall be construed as conferring any license under Solarflare’s or its suppliers’ intellectual property rights, whether by implication, estoppel or otherwise. Except as provided below, or as specifically permitted in the Solarflare Website, you may not use, copy, reproduce, republish, post, perform, transmit or distribute any Materials contained on the Solarflare Website. Unless otherwise provided for in writing from Solarflare, you may print or download Materials from the Solarflare Website for your own informational, educational and other non-commercial purposes only, provided that you include all copyright and proprietary notices originally included with or contained in the Materials in all copies you create. All Materials on the Solarflare Website are subject to change without notice.
The Solarflare Website may contain Materials, including software in executable or source code form, which is submitted by third parties for inclusion on the Solarflare Website (“Third Party Materials”). Please be advised that Solarflare has not independently tested or evaluated such Third Party Materials and provides them on this Website merely as a service to its users. ALL THIRD PARTY MATERIALS ON THE SOLARFLARE WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLARFLARE DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DEMANDS, SUITS OR ACTIONS, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF THE USE OR ATTEMPTS TO USE SUCH THIRD PARTY MATERIALS.
The sites linked from the Solarflare Website are not under Solarflare’s control, and Solarflare does not assume any responsibility or liability for any communications or materials available at such linked sites. Solarflare shall have absolutely no liability in connection with any links on the Solarflare Website to third party websites. Such links are solely referrals or endorsements of the linked entities, and are provided for convenience only. Accordingly, Solarflare encourages you to be aware when you leave the Solarflare Website, and to read the terms and conditions and privacy policy of each other website that you visit.
Except as provided above or in any associated license agreement, the information, services, software, documentation, data, artwork, text, video, audio, pictures and other Materials made available at the Solarflare Website are provided “AS IS,” without warranties of any kind, either express or implied. TO THE FULLEST EXTENT PERMITTED BY LAW, SOLARFLARE, ITS SUPPLIERS, OWNERS/OPERATORS, AFFILIATES, LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE MATERIALS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Solarflare shall have absolutely no liability in connection with any services provided including without limitation, any liability for damage to your computer hardware, data, information or business resulting from the Materials or any lack of information available on the Solarflare Website. Solarflare makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Materials or that the Materials may be relied upon for any reason. Solarflare makes no warranty, representation or guaranty that the Materials will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, ‘Solarflare’ shall include Solarflare Communications, Inc., and its divisions, successors, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of Materials.
Under no circumstances shall Solarflare be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Materials. NEITHER SOLARFLARE NOR ITS SUPPLIERS, OWNERS/OPERATORS, AFFILIATES AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SOLARFLARE WEBSITE AND/OR MATERIALS IS TO STOP USING THE SOLARFLARE WEBSITE AND/OR MATERIALS, AS APPLICABLE. SOLARFLARE’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SOLARFLARE WEBSITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.