Parties
This agreement is made between Aspex Semiconductor Limited (“Aspex”) and You, the Subscriber to Aspex Customer Support (“you” or “Subscriber”).
Definitions
“ Agreement” – these terms in addition to the Legal Information and Privacy Policy of Aspex set out on the Aspex website at www.aspex-semi.com , any additional terms specified by Aspex upon purchase of Aspex products and from time to time, and any other terms applicable to downloads or other data provided by Aspex Customer Support (which are incorporated by reference), as amended from time to time.
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Aspex Customer Support” – customer support to Subscribers as offered by Aspex from time to time whether via the Aspex Customer Support site, email, or telephone, and subject to this Agreement
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Aspex Customer Support Site” – the web site provided by Aspex for Subscribers
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Subscriber” – an individual, company or institution who has a current subscription for Aspex Customer Support and who has accepted this Agreement, incorporating where applicable Authorised Users.
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Authorised User ” – the Subscriber and its current employees or authorised representatives who use Aspex Customer Support.
Acceptance of Terms
In addition to the Legal Terms and Privacy policy governing any access and use of the Aspex website(s) www.aspex-semi.com , these terms and conditions apply to the use of Aspex Customer Support. Any access or use of Aspex Customer Support is subject to this Agreement. No proposed variation, amendment or change to this by Agreement is valid unless agreed by an authorised representative of Aspex in writing. Aspex shall be permitted to make changes to these terms and conditions from time to time by posting them on the web site and/or emailing details of such changes to you. Your continued use of Aspex Customer Support after such a change shall be deemed to be an acceptance by you of the change. You may accept this Agreement and activate your subscription to Aspex Customer Support as explained in the Aspex Subscriber Information email. If you do not agree with or accept this Agreement, your subscription will not be activated and you are not authorised to use Aspex Customer Support. For the purposes of this Agreement it is understood that you are dealing as a business and not as a consumer. If you are dealing as a consumer (e.g. for your personal use as a private individual) please advise Aspex before entering into this Agreement as additional terms may apply.
Grant of Licence
Subject to the terms set out in this Agreement, Aspex grants you a non-exclusive non-transferable licence to use Aspex Customer Support solely for the purpose of obtaining support as provided by this Agreement.
Contact Information
Please refer to the Contact Aspex page at www.aspex-semi.com for contact details
Availability
Aspex will use its reasonable endeavours to make Aspex Customer Support available to you on a continuous basis but if access is interrupted or suspended or there is any fault, defect or security issue, whether or not within the control of Aspex, the liability of Aspex (if any) is restricted to restoring access to Aspex Customer Support in such manner, and as soon, as is reasonably practicable.
Subscriber Requirements
You are responsible for providing all computer and communications equipment necessary to access Aspex Customer Support. You must operate usual protective procedures and software to safeguard your computer and its contents (including backup) and any users of it, so that any material downloaded or otherwise obtained through the use of Aspex Customer Support is done at your own discretion and risk by experienced and qualified Authorised Users and subject to appropriate testing procedures. You accept responsibility for any damage to your computer system or damage to or loss of data resulting from the download or otherwise obtaining any such material.
Security of Username and Password
Access to Aspex Customer Support is authorised by a username and password provided by Aspex, either of which may be changed by Aspex from time to time. Access may be only be made by a single Authorised User at any time unless otherwise agreed with Aspex for multiple simultaneous use. You are entirely responsible for the confidentiality of your username and password and for any use of your username and password (whether authorised or not) and for compliance with the terms of this Agreement, including any damage or loss to Aspex or third parties. Aspex is not liable for any loss or damage you may suffer due to use of your username and password (whether authorised or not). You may not use any other Subscriber’s username or password without their permission.
Confidentiality
All information provided by Aspex Customer Support is Confidential Information for Subscribers, and You may not disclose it to any third party.
You acknowledge that any information submitted by You to Aspex Customer Support, including bug reports, code examples, etc, may be used by Aspex for the purposes of investigating reported issues, and development and maintenance of current and future products freely and without acknowledgment and may subsequently be made available to other users of Aspex Customer Support. If you wish to retain confidentiality or restrict use of any information which is to be submitted, please contact Aspex in writing before any such submission to agree appropriate arrangements.
Intellectual Property
Any access to or downloading of data, software or any other item from Aspex Customer Support is subject to copyright and to any applicable user licence terms. Any software, or other data is provided solely for your use to enhance or operate with your Aspex products in accordance with this Agreement and the relevant installation instructions and licence terms and not for commercial exploitation except in conjunction with Aspex products as validly licensed to you (e.g., you are not permitted to resell or sub-license the software or other data independently). You must give appropriate legal acknowledgement and protection of any intellectual property such as copyright, trademarks, etc. You will not acquire or be granted any intellectual property rights otherwise than as expressly stated in this Agreement.
Data Protection
In addition to data collected as explained in the Privacy Policy, Aspex may collect data relevant to Subscriber usage, including without limitation date and time of access, IP address or username and password, details of downloads from the Site. This data may be used by Aspex for customer support purposes and other purposes as set out in the Privacy Policy.
Term and Termination
The Subscription to Aspex Customer Support is provided on an annual basis subject to the terms of your Customer Support Agreement. Unless otherwise terminated as set out below or [upon one month ’s prior written notice], this Agreement will be effective for the period set out in the Customer Support Agreement.
In the case of termination for any reason, the terms of this Agreement regarding confidentiality, intellectual property rights, security and limitation of liability shall continue to apply.
Aspex may, at its absolute discretion and without penalty, suspend or terminate your access to Aspex Customer Support either in whole or in part, with or without notice, if you are in material breach or repeated breach (e.g. 3 or more breaches in any six month period) of this Agreement, or if required by any legal authority, or due to any unavailability of all or any part of Aspex Customer Support.
Assignment
Aspex may transfer any subscription and transfer, sub-contract or otherwise dispose of all or any part of the operation of Aspex Customer Support to any third party (including but not limited to any other member of the Aspex group of companies), but you may not transfer all or any part of the subscription to any third party without the prior written agreement of Aspex.
