Terms of use
These terms of use apply to the use of all pages under the main URL https://www.xfab.com (hereinafter “Website”). This Website is owned by X-FAB Semiconductor Foundries GmbH with its registered at Haarbergstrasse 67, 99097 Erfurt, Germany, and any of its subsidiaries (hereinafter “X-FAB”).
These terms of use are governed by laws of Germany, with the exception of the United Nations Convention on the International Sale of Goods (CISG) and may be updated by X-FAB at any time without a notice. All related disputes are subject to the exclusive jurisdiction of the courts in Erfurt, Germany. In case that a provision of these terms of use is invalid or unenforceable the validity of the remaining provisions remains unaffected.
Acceptance
By accessing or using this Website in any way, including browsing, downloading any materials or using any other services, you agree to comply and be bound by these terms. If you do not agree to these terms, you should not use this Website.
Website
The Website is open for use by public. X-FAB endeavors to diligently support and maintain it, however X-FAB does not warrant or guarantee that the Website is always accessible. X-FAB also does not warrant or guarantee that the Website is always up to date and that the information on the Website is always complete and free from errors. Delays, wording mistakes, omissions and wrong information may occur.
X-FAB reserves the right to change these terms of use as well as the content and structure of the Website at any time. This includes the right to claim fees for certain offers, services and/or products on the Website or to no longer offer such offers, services and/or products.
This Website is for non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of X-FAB is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
User activities that aim at rendering the Website non-functional or at least obstructing the use of the Website may be prosecuted on the basis of civil and criminal law.
Content
Subject to the limitation of warranty and liability as set out down below, X-FAB provides you with product information, including but not limited to documentation, technical specifications, data sheets and any supplements hereto and with other non-product related documents in any form (collectively "Documentation"). Documentation may also include marketing information, news, special reports and additional information about X-FAB, provided for your convenience.
The Documentation made available to download are subject to X-FAB intellectual and other property rights and X-FAB hereby grants the user a non-exclusive, non-transferable, revocable, limited right to download, use and copy (i.e. electronically copy and print hard-copy excerpts) the Documentation for scientific or educational purposes or in order to assess entering into any business with X-FAB provided that:
- copyright notice appears in all copies and that both the copyright notice and this permission notice appear,
- the use is within the limits defined by these terms of use and Documentation will not be copied or posted on any network computer, stored in a retrieval system or broadcasted in any media, and
- no modifications to any Documentation is made.
Copyright and all other proprietary rights in the content (including but not limited to software, audio, video, text and photographs) rest with X-FAB or its licensors. All rights in the content not expressly granted herein are reserved.
User’s obligation and restrictions on use of the content
Users may not use the Website in a manner that could damage, disable, overburden or impair any X-FAB server and/or server of its affiliates, or the network connected to these servers. You may not attempt to gain unauthorized access to any websites, other accounts, computer systems or networks connected to these servers, through i.e. hacking, password mining or any other means.
Interactive areas
This Website may include interactive areas. You agree not to upload to, distribute or otherwise publish through this Website any content which is unlawful, defamatory, threatening, invasive of privacy or publicity rights, abusive or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any national or supranational law. You shall not, without the express written approval of X-FAB, distribute or publish promotions, advertising or solicitations for funds, goods or services.
You remain solely liable for the content of any messages or other information posted by you on this Website, and X-FAB takes no responsibility and assumes no liability for the content of posted or uploaded material.
X-FAB may but is not under obligation to monitor or review:
- any areas on the Website where users transmit or post submissions, including but not limited to interactive areas,
- the substance of any submission.
X-FAB reserves the right, in its sole discretion, to delete or remove submissions or any other content available through forums or interactive areas and to restrict, suspend, or terminate your access to all or part of this Website, at any time without prior notice or liability.
X-FAB reserves the right, in its sole discretion, to remove, edit or to block or restrict future access to any material posted by you that is determined to be unlawful, harmful, offensive or otherwise inappropriate.
Hyperlinks
This Website may contain hyperlinks to the websites of third parties. The content of such websites is not controlled by X-FAB and X-FAB is not liable for any contents of such third parties’ websites. The use of any hyperlinked third parties’ websites is at the own risk of the user.
Account password and security
Some areas of this Website and the materials, data and information provided thereon require express authorization and account set-up before you are allowed to access, download or use. After registration and your account will be verified by X-FAB site coordinator whether it deems fit or not your account shall be activated.
During the registration process some personal information will be collected. By signing up, you accept the provision set forth in X-FAB Privacy Policy.
After signing up a confirmation e-mail with activation instructions will be automatically generated and sent to you. Access is made available through a password and a User ID. The password is initially mailed to you. You may change it to your convenience, after you have logged in.
You agree to inform X-FAB immediately of any unauthorized use of your account or any other breach of security. You could be held liable for losses incurred by X-FAB or another party due to someone else using your account or password. You shall ensure that your user data is not accessible by third parties.
In addition, you are liable for all downloads, transactions and other activities carried out under your account.
X-FAB is not liable for any loss that you may suffer because of someone else using your password or account, either with or without your knowledge.
Without limiting other remedies, X-FAB reserves the right to block or restrict access to and use of the Website at any time and for any reason whatsoever in its sole discretion. Upon such termination or suspension, your right to use the limited access Website will immediately cease.
Data protection and privacy
When you use the Website, X-FAB may track your visit to this Website and the use of services provided thereunder. X-FAB may collect certain technical and routing information about your computer to facilitate your use of the Website and its services. X-FAB web servers automatically log your login, the IP/Internet address of your computer and record all content that has been downloaded or otherwise transmitted to or from your computer by filename, date and time of download (collectively the "Data"). Except as set forth in the Privacy Policy or in these terms of use, your personal information and data will be deemed to be confidential and not disclosed to any third party.
Warranty and liability
This Website (including all Documentation, content, services, functions and other materials or information made available on or accessed through this Website, or any external website linked to this Website) are provided ’as is’. Except as expressly warranted in any other applicable license agreement, X-FAB disclaims all warranties either express, implied, statutory or otherwise including but not limited to the merchantability, fitness for a particular purpose, title and non-infringement with regard to the content of this Website or that the server that makes this Website available is free of viruses or other components that may infect, harm or cause damages to your computer equipment or data when you access, download form or otherwise use this Website.
X-FAB shall in no event be liable to the user of the Website for indirect, incidental, collateral or consequential damages or losses such as harm to business, loss of revenues, loss of anticipated savings or lost profits, whether foreseeable.