Terms and Conditions
The materials on this Web site are provided by QLogic Corporation ("QLogic") as a service to authorized OEMs, distributors, resellers, and purchasers of QLogic products from these authorized sources. By downloading any materials from this Web site, you agree to these terms and conditions. If you do not agree to them, do not use this Web site or download any materials from it.
1. Conditions of Use
Use of this Web site is governed by the terms and conditions set forth below. QLogic reserves the right to change these terms and conditions from time to time, and the terms and conditions apply to all persons who visit our Web site at any time. You, which also includes your employees, your agents, and any other entity on behalf of whom you use this Web site (collectively, "you"), are required to accept the terms and conditions of use set forth herein if you desire to use this Web site. If you are using this Web site on behalf of your employer, you represent to QLogic that you are authorized to accept these terms and conditions on behalf of your employer. You accept these terms and conditions by using this site. If you do not wish to be subject to the terms and conditions set forth below, you should not use this Web site or download any materials from this Web site.
2. Limited License
All contents on this Web site are the intellectual property of QLogic, and we hereby reserve all rights to these works. QLogic authorizes its customers and authorized OEMs, distributors, or resellers of QLogic products to copy materials on this Web site solely for use within your organization in support of QLogic products. Authorized OEMs, distributors, and resellers of QLogic products may permit their customers to access and copy materials on this Web site in support of those QLogic products purchased from authorized suppliers. No other use of the contents of this Web site is authorized or permitted. In connection with any use of the contents of this Web site, you agree to maintain the copyright notice of QLogic with respect to any content you reproduce and to add a permission notice with the copyright notice (i.e. - used with permission). The limited license set forth in this Section will terminate automatically without notice if you breach any of the terms or conditions set forth herein. ALL CONTENTS ON THIS WEB SITE ARE PROTECTED BY COPYRIGHT, EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM QLOGIC. EXCEPT AS SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND QLOGIC, VISITORS, OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS WEB SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSE.
You may obtain direct access via this Web site to certain confidential information of QLogic and its suppliers, including, without limitation, technical, contractual, product, program, pricing, marketing, and other valuable information that should reasonably be understood to be confidential ("Confidential Information"). You must hold Confidential Information in strict confidence, and QLogic and/or its suppliers retain all right and title to the Confidential Information. Your obligations regarding Confidential Information expire five years after the date of disclosure. Upon QLogic's written request, you must cease using the Confidential Information and you agree to return or destroy any Confidential Information still in your possession. In the event that you are a party to a written agreement with QLogic covering the Confidential Information, then the terms of that written agreement will govern your possession and use of the Confidential Information rather than the terms set forth in this Section 3. As used in this Section 3, the term "Confidential Information: does not include: (i) information you possessed prior to its receipt from QLogic, without an obligation on your part to keep such information confidential; (ii) information that is or becomes generally known to the public through no act or omission by you in violation of these Terms and Conditions or any other confidentiality obligation you owe to QLogic or a third party; or (iii) information you independently developed without the use of Confidential Information and without participation of individuals who have had access to Confidential Information. In the event that you are required by law, court order, or governmental authority to disclose Confidential Information, you may disclose the information after providing QLogic prior notice and opportunity to object to the disclosure; provided that you request that any information so disclosed be kept confidential.
4. Software License Agreement
Any software which you download from our Web site is governed by (i) the license terms accompanying the software file; (ii) if no license terms accompany the software file, the terms of the license agreement which accompanied the original product licensed by you which you are updating; or (iii) the terms of any written software license agreement signed by you and QLogic covering the software being downloaded. In the event of any conflict between software license agreements covering specific software being downloaded, the terms of the software license agreement set forth in writing and signed by the parties will prevail. Unless otherwise set forth in writing from QLogic, software licenses covering software downloads from our Web site only apply to QLogic customers and authorized OEMs, distributors or resellers of QLogic products, and to customers of authorized OEMs, distributors, or resellers of QLogic products, in each case used in support of those QLogic products purchased from authorized OEMs, distributors, or resellers. No other person or entity is granted a license to use or download any software included on this Web site. Except as expressly set forth in a written agreement signed by the parties, QLogic is under no obligation to update or support any software downloaded from this Web site and QLogic may terminate this license at any time.
The trademarks, logos, and service marks ("Marks") displayed on this Web site are the property of QLogic or other third parties. Users of this Web site are not authorized or permitted to use these Marks without the prior written permission of QLogic or the third party which owns the Mark. For a complete list of QLogic trademarks, please see the QLogic trademarks section of this Web site.
6. Compliance with Laws
Use of, and access to, this Web site and its contents are subject to all applicable federal, state, and local laws. Information on this Web site may be subject to United States export control laws and similar laws in the country in which you reside. You expressly agree to comply with all applicable laws in connection with your use of and access to information on this Web site. All QLogic products and publications are commercial in nature.
Although QLogic has attempted to provide accurate information on this Web site, we assume no responsibility for the accuracy of the information. We may change the programs or products described on this Web site without notice at any time. Descriptions of products or services not provided or sold by QLogic are provided for informational purposes only and should not be construed as an endorsement or recommendation of the product or service. THE INFORMATION PROVIDED ON THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, SERVICES, CONTENT, AND SOFTWARE, IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS. QLOGIC DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8. Limitation of Liability
IN NO EVENT WILL QLOGIC OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY QLOGIC PRODUCT, DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION SET FORTH ON THIS WEB SITE, EVEN IF QLOGIC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. User Submissions
Except as otherwise agreed upon in writing with an authorized representative of QLogic, any material, information or other communication ("Communications") you transmit or post to this Web site will be considered non-confidential and non-proprietary. QLogic will have no obligations with respect to Communications. QLogic will be free to copy, disclose, distribute, or otherwise use the Communications and all data, images, text and others content included in the Communication for any commercial or non-commercial purpose.
10. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of this Web site is restricted to authorized users only. Unauthorized individuals accessing or attempting to access these areas of the Web site may be subject to prosecution. In no event will QLogic be responsible for damages arising out of the improper use of your password by unauthorized personnel.
11. Links to Other Sites
You may find on our Web site links to other Internet sites and resources. You acknowledge and agree that QLogic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
12. Forward-Looking Statements
Some of the information on this Web site may contain projections or other forward-looking statements (within the meaning of the United States securities laws) regarding future events, future product plans, or future financial performance of QLogic. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from those discussed in the forward-looking statements. We refer you to our most recent Form 10-K and 10-Q which are available on our Web site. These documents contain important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements.