Scope of Terms

These Terms of Use are applicable to all PROGRANALOG Corp or LoadSlammer Websites, whether a sponsored site, managed through a third party vendor or hosted by a third party (referred to hereafter as the “Web Sites”). These Terms also apply to any resources and tools provided through PROGRANALOG Corp or LoadSlammer Web Sites, including but not limited to developer tools, download areas, research areas, community forums, chat rooms, blogs, sharing sites and product information. These Terms apply to all the PROGRANALOG Corp or LoadSlammer Web Sites, both now and in the future. Hereafter, all the materials covered by these Terms of Use will be referred to as the “Materials.”

PROGRANALOG Corp or LoadSlammer software, hardware and firmware may provide activity or program specific Terms of Service, for example when PROGRANALOG Corp or LoadSlammer provides interactive Materials and/or enables User Generated Content. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, the Terms herein remain in full force and effect.

Security and Privacy

Personal Information: Information submitted to PROGRANALOG Corp or LoadSlammer through forms on the Web Sites or Materials is governed according to PROGRANALOG Corp’s Privacy Policy.

Member Account, Password, and Security: PROGRANALOG Corp or LoadSlammer may, from time to time, host a program or activity specific site that may require you to establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PROGRANALOG Corp immediately of any unauthorized use of your account or any other breach of security here. PROGRANALOG Corp will not be liable 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, you could be held liable for losses incurred by PROGRANALOG Corp or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Use Terms

No License: Unless otherwise specified in the Materials themselves, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web Sites.

You may not use or facilitate the use of this site or any Materials in connection with any infringement analysis concerning PROGRANALOG Corp® products.  By your use of this site or any Materials, you agree to grant PROGRANALOG Corp a non-exclusive, royalty-free license to any patent claim thereafter drafted which includes subject matter disclosed on this site.

No Unlawful or Prohibited Use: You agree that you will not use the Web Sites or Material for any purpose that is unlawful or prohibited by these Terms of Use. You may not:

1. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Use the Web Sites, Materials, Services or activities to “stalk” or otherwise harass or harm another;
3. Impersonate any person or entity, including, but not limited to, an PROGRANALOG Corp official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Site or Materials;
5. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
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;
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;
9. You may not use the Web Site or Materials in any manner that could damage, disable, overburden, or impair any PROGRANALOG Corp server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site or Materials or interfere with any other party’s use and enjoyment of the Web Sites or Materials;
10. You may not attempt to gain unauthorized access to any Web Site or Material, other accounts, computer systems or networks connected to any PROGRANALOG Corp server or 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 Web Sites or Materials;

US Government Restricted Rights: The Materials including PROGRANALOG Corp Software are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of PROGRANALOG Corp’s proprietary rights in them.

Copyright Permission: The copyright in all content posted on  Progranalog.com the PROGRANALOG Corp or LoadSlammer Press Room, and all connected sites is owned by PROGRANALOG Corp. Use is authorized for editorial (news media) purposes only and subject to the PROGRANALOG Corp or LoadSlammer Web Terms of Use. To request permission to use content outside of editorial purposes please submit your request via e-mail here. Please include a description of your proposed usage of the materials, along with a link or copy of the materials being requested and your contact information.

Notices and Disclosures

Exclusions of Warranty: YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE WEB SITES AND MATERIALS IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF PROGRANALOG CORP INTERLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• IN NO EVENT SHALL PROGRANALOG CORP OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITES OR MATERIALS, EVEN IF PROGRANALOG CORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROGRANALOG CORP AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

• IN NO EVENT SHALL PROGRANALOG CORP AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEB SITE.
• ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES PROGRANALOG CORP MAY MAKE TO THE SERVICES, DOCUMENTS, WEB SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITE (OR ANY FEATURES WITHIN THE WEB SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
• THESE LIMITATIONS ON PROGRANALOG CORP’S LIABILITY SHALL APPLY WHETHER OR NOT PROGRANALOG CORP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

Indemnification: You agree to indemnify and hold PROGRANALOG Corp and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Web Sites or Materials, your use of the Web Sites or Materials, your connection to the Web Sites or Materials, your violation of these Terms of Use or site specific Terms of Use, or your violation of any rights of another.

Accuracy and Completeness: PROGRANALOG Corp does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Web Sites or Materials.

Changes and Updates: PROGRANALOG Corp reserves the right to modify or discontinue, temporarily or permanently, Web Sites or Materials (or any part thereof) with or without notice. PROGRANALOG Corp may make changes to Web Sites or Materials, or to the products described therein, at any time without notice. PROGRANALOG Corp makes no commitment to update the Web Sites or Materials.

Content Related Notices

Ownership: You acknowledge and agree that PROGRANALOG Corp owns all legal rights, title and interest in and to the Materials and Web Sites, including any PROGRANALOG Corp or LoadSlammer trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without PROGRANALOG Corp or LoadSlammer’s prior written permission. Except as expressly provided herein, PROGRANALOG Corp does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Translations: Where PROGRANALOG Corp has provided you with a translation of the English language version of these Terms of Use, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with PROGRANALOG Corp. If there is any contradiction between the English language version of the Terms of Use and the translation, the English language version shall take precedence.

Third Party Content: Web Sites and Materials may contain user or third party submitted content; such content is not reviewed, approved or endorsed by PROGRANALOG Corp and is provided solely as a convenience to our customers and users. Under no circumstances will PROGRANALOG Corp be liable 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. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. By your use 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 content. All postings and use of the Web Sites or Material are subject to these Terms of Use and any other program and site specific terms.

PROGRANALOG Corp Product Notices and Information

Limitations: WITH REGARD TO INFORMATION ON PROGRANALOG CORP® PRODUCTS IN THE WEBSITE OR MATERIALS NO LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY PROGRANALOG INTERLLECTUAL PROPERTY RIGHTS IS GRANTED IN THE WEBSITE OR MATERIALS. EXCEPT AS PROVIDED IN PROGRANALOG CORP’S TERMS AND CONDITIONS OF SALE FOR SUCH PRODUCTS, PROGRANALOG CORP ASSUMES NO LIABILITY WHATSOEVER, AND PROGRANALOG CORP DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, RELATING TO SALE AND/OR USE OF PROGRANALOG CORP PRODUCTS INCLUDING LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR INFRINGEMENT OF ANY PATENT, COPYRIGHT OR OTHER PROGRANALOG INTERLLECTUAL PROPERTY RIGHT.

Use of PROGRANALOG Corp Products: PROGRANALOG Corp products are not intended for use in medical, life saving, life sustaining applications. UNLESS OTHERWISE AGREED IN WRITING BY PROGRANALOG CORP, THE PROGRANALOG CORP PRODUCTS ARE NOT DESIGNED NOR INTENDED FOR ANY APPLICATION IN WHICH THE FAILURE OF THE PROGRANALOG CORP PRODUCT COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR.

Changes to Specifications: PROGRANALOG Corp may make changes to specifications and product descriptions at any time, without notice. Designers must not rely on the absence or characteristics of any features or instructions marked “reserved” or “undefined.” PROGRANALOG Corp reserves these for future definition and shall have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them. The product information on the Web Site or Materials is subject to change without notice. Do not finalize a design with this information.

Defects and Errata: The products described in the Web Site or Materials may contain design defects or errors known as errata which may cause the product to deviate from published specifications. Current characterized errata are available on request. Contact your local PROGRANALOG Corp sales office or your distributor to obtain the latest specifications and before placing your product order.

Notice Specific to PROGRANALOG Corp® Software

Any PROGRANALOG Corp or LoadSlammer® software that is made available to download from the Web Sites (“Software”) is the copyrighted work of PROGRANALOG Corp and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF PROGRANALOG CORP OR LOADSLAMMER SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PROGRANALOG CORP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, PROGRANALOG CORP MAY MAKE AVAILABLE AS PART OF THE WEB SITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PROGRANALOG CORP DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE PROGRANALOG INTERLLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN PROGRANALOG CORP SOFTWARE PRODUCTS.

Notice Specific to PROGRANALOG Corp or LoadSlammer Documents

Permission to use PROGRANALOG Corp or LoadSlammer owned white papers, press releases, datasheets, specification documents, FAQs etc. (“Documents”) from the Web Sites is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the Web Site or any other PROGRANALOG Corp or LoadSlammer owned, operated, licensed or controlled site. Elements of the Web Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Web Site may be copied or retransmitted unless expressly permitted by PROGRANALOG Corp or LoadSlammer.

PROGRANALOG CORP OR LOADSLAMMER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PROGRANALOG CORP OR LOADSLAMMER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PROGRANALOG CORP OR LOADSLAMMER AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROGRANALOG CORP MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED AT ANY TIME.

Unsolicited Idea Submission Policy

PROGRANALOG CORP OR ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN PROGRANALOG CORP’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO PROGRANALOG CORP OR LOADSLAMMER. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO PROGRANALOG CORP OR LOADSLAMMER OR ANYONE AT PROGRANALOG CORP OR LOADSLAMMER. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT PROGRANALOG CORP MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

General

User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

PROGRANALOG Corp or LoadSlammer makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

These Terms constitute the entire agreement between you and PROGRANALOG Corp or LoadSlammer Corporation and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and PROGRANALOG Corp or LoadSlammer shall be governed by the laws of the State of Delaware, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

In the case of any violation of these rules and regulations, PROGRANALOG reserves the right to seek all remedies available by law and in equity for such violations.

PROGRANALOG may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular Web Sites or Materials.

Copyright © PROGRANALOG Corp or LoadSlammer Corporation. All rights reserved. PROGRANALOG Corp, 3901 SE Naef Rd, Portland OR 97267