Melexis Terms of Use

These terms of use apply to the use of the internet pages under the URL http://www.melexis.be and http://www.melexis.com (hereinafter „Website“) run by Melexis NV with registered office at Rozendaalstraat 12, B-8900 Ieper, Belgium registered under company number VAT BE 0435.604.729 and any of its subsidiaries (hereinafter „Melexis“).

Through this Website, Melexis provides you with a variety of resources, including software, technical specifications, data sheets and all kind of product information as well as other information and/or services related to Melexis products or services.

The terms of use and any additional terms posted on this Website together apply to your access to, and use of, this Website and constitute the entire agreement between Melexis and you with respect to your use of this Website.

1. Acceptance

By accessing or using this Website in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Website, you accept and agree to be bound, by these terms of use. Melexis recommends you to download and/or print out the terms of use and read the provisions carefully before using this Website.

2. Website

2.1 The Website is open for use to everyone.

2.2 Melexis endeavors to diligently support and maintain the Website. However, Melexis does not warrant or guarantee that the Website is accessible at all times. Melexis also does not warrant or guarantee that the Website is always up to date and that the information on the Website is complete and free from errors at all times. Delays, wording mistakes, omissions and wrong information may occur.

2.3 Melexis 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.

3. User’s Obligations

3.1 You may not use the Website in a manner that could damage, disable, overburden or impair any Melexis 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.

3.2 User activities that aim at rendering the Website non-functional or at least obstruct the use of the Website may be prosecuted on the basis of civil and criminal law.

4. User Content

4.1 Any information, data, material or other content (hereinafter “User Content”) that you send to the Website will be deemed non-confidential and not protected by law. By sending any User Content to Melexis you grant to Melexis the right - without limitation as to territory, time and scope - to use, reproduce, display, modify, incorporate, license and distribute the User Content or to exploit the User Content in any other way whatsoever.

4.2 In particular, you agree that Melexis may use any ideas, concepts, techniques or other know-how in User Content for any and all commercial and non-commercial purposes.

5. Layout of Website

All elements of the Melexis Website, including layout and arrangement of the information, are protected by trademark law, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by Melexis.

6. Content available on this Website

6.1 Subject to the limitation of warranty and liability as set out down below, Melexis 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, order confirmation, volume of orders and order forecasts, delivery information, open accounts and current payments, quality reports and customer complaints, news, special reports and additional information about Melexis which Melexis provides for your convenience.

6.2 The Documentation made available to download are subject to Melexis intellectual and other property rights. Melexis 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 Melexis, provided that

(1) the Melexis copyright notice appears in all copies and that both the copyright notice and this permission notice appear,
(2) 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
(3) no modifications to any Documentation is made.

6.3 Any use of the Documentation without the prior written consent of Melexis other than the one set forth in clause 6.2 is expressly forbidden.

7. Forums/Interactive Areas

7.1 This Website may include discussion forums or other 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, inflammatory 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. On this Website you shall not, without the express written approval of Melexis, distribute or publish promotions, advertising or solicitations for funds, goods or services.

7.2 You shall remain solely liable for the content of any messages or other information posted by you on this Website, and Melexis takes no responsibility and assumes no liability for the content of posted or uploaded material.

7.3 Melexis may, but is not obligated to, monitor or review (i) any areas on the Website where users transmit or post submissions, including but not limited to discussion forums or other interactive areas and (ii) the substance of any submission. Although it is not Melexis intention to do so, Melexis 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. In addition Melexis 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.

8. Hyperlinks

The Website may contain hyperlinks respectively links to websites of third parties. Melexis does not control the content of these websites and is not liable for the content of such websites of third parties. Also, Melexis does not adopt the content of such websites of third parties and disclaims any liability for them. The use of such websites of third parties is at the own risk of the user.

9. Account password and security

9.1 Some areas of this Website and the materials, data and information provided thereon require express authorization and account set-up by Melexis before you are allowed to access, download or use. After registration and your successful verification the Melexis site coordinator will decide as it deems fit whether or not your account shall be activated.

9.2 During the registration process some personal information will be collected. By signing up, you accept the provision set forth in Melexis’ Privacy Policy. Melexis will ask for your name, email address, zip code, company name, department, postal address, country, phone and fax number. 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.

9.3 You are not allowed to use an account other than your own account at any time. You agree to inform Melexis immediately of any unauthorized use of your account or any other breach of security. Melexis will not be liable for any loss that you may suffer as a result of someone else using your password or account, either with or without your knowledge.

9.4 However, you could be held liable for losses incurred by Melexis 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.

9.5 Without limiting other remedies, Melexis 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.

10. Data protection and privacy

10.1 When you use the Website, Melexis may track your visit to this Website and the use of services provided thereunder. Melexis may collect certain technical and routing information about your computer to facilitate your use of the Website and its services. Further Melexis 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").

10.2 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.

11. Warranty and liability

11.1 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, Melexis 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.

11.2 Melexis 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 or not foreseeable.

12. Miscellaneous

12.1 These terms of use are subject to the laws of Belgium with the exception of the United Nations Convention on the International Sale of Goods (CISG).

12.2 The sole courts that will have jurisdiction for any legal actions related to the use of the Website shall be the commercial courts of Ieper.

12.3 In case that a provision of these terms of use is invalid or unenforceable the validity of the remaining provisions remains unaffected.

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