Web Site Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
INTENDED AUDIENCE/USE:
PHOTON Asset Management, Ltd. provides this Web site to you, subject to these Terms of Use. The Terms of Use may be updated by PHOTON Asset Management, Ltd. from time to time without notice to you. This Web site and other PHOTON Asset Management, Ltd.Web sites that are linked to this site or affiliated with this site (collectively “the Site”) and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively “Content”), is intended for the lawful use of PHOTON Asset Management, Ltd.’s customers, employees and members of the general public. The Site is controlled and operated in whole or in part by PHOTON Asset Management, Ltd. from its offices within the Republic of China (Taiwan). PHOTON Asset Management, Ltd. makes no representation that these materials are appropriate or available for use in locations other than Taiwan. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that PHOTON Asset Management, Ltd. reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.
ACCEPTANCE OF TERMS:
You acknowledge you have read and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation applicable export and re-export control laws and regulations regarding the transmission of technical data from the country in which you reside. You further agree to comply with all local laws, regulations, and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent or by whom you are employed. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
RESTRICTIONS ON USE OF CONTENT:
©Copyright 2021- PHOTON Asset Management, Ltd. All Rights Reserved. THE UNAUTHORIZED COPYING, DISPLAYING, OR ANOTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW. You acknowledge having been advised by PHOTON Asset Management, Ltd. that the Content is protected in Taiwan and internationally by a variety of laws, including but not limited to copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively “Rights”). In addition to PHOTON Asset Management, Ltd.’s Rights in individual elements of the Content, PHOTON Asset Management, Ltd. owns a copyright in the selection, coordination, and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering services from the Site. This permission terminates automatically if you breach any of the Web Site Terms of Use. If pursuant to an authorization from PHOTON Asset Management, Ltd., you download software from the Site, the software, including all code, files, images, contained in or generated by the software, and accompanying data (collectively, the ” Software ” ), are deemed to be licensed to you by PHOTON Asset Management, Ltd. Neither title nor intellectual property rights in the Software are transferred to you but remain with PHOTON Asset Management, Ltd., who owns full and complete title thereto. You may not resell, decompile, reverse engineer, disassemble or otherwise convert the Software to a perceivable form. PHOTON Asset Management, Ltd. does not grant you any permission to use the Content or Software other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using Software repeatedly for uses other than those expressly permitted may not be made without PHOTON Asset Management, Ltd.’s prior express written consent.
TRADEMARKS AND SERVICE MARKS:
There are a number of proprietary logos, service marks, trademarks, slogans, and product designations found on this Site. By making them available on this Site, PHOTON Asset Management, Ltd. is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of PHOTON Asset Management, Ltd.’s or any third party’s intellectual property rights. PHOTON Asset Management, Ltd. and the stylized wafer logo are registered in Taiwan, the US Patent & Trademark Office and in other countries. E-FoundrySM, 1TRAMSM, PHOTON Asset Management, Ltd.-YESSM, PHOTON Asset Management, Ltd. UNIFABSM, EMBFLASHSM, CONSENSYSSM, and VIRTUAL FABSM are all trademarks and/or service marks of PHOTON Asset Management, Ltd.. Other product or service names are the property of their respective owners. No PHOTON Asset Management, Ltd. trademark or service mark may be used as a hyperlink without PHOTON Asset Management, Ltd.’s prior written permission.
SUBMISSION OF INFORMATION:
Do not send any confidential or proprietary information to PHOTON Asset Management, Ltd. through the Site. Any information you do send to PHOTON Asset Management, Ltd. through the Site will be deemed NOT to be confidential (“Non-Confidential Information”). For any Non-Confidential Information you do send, you hereby grant PHOTON Asset Management, Ltd. an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that PHOTON Asset Management, Ltd. is free to use any ideas, concepts, know-how or techniques that you send PHOTON Asset Management, Ltd. for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
LINKS TO THIRD PARTY WEB SITES:
This Site a may provide links to other third-party World Wide Web sites or resources. PHOTON Asset Management, Ltd. makes no representations whatsoever about any other web site which you may access through this Site. Because PHOTON Asset Management, Ltd. has no control over such sites and resources, you acknowledge and agree that PHOTON Asset Management, Ltd. is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. PHOTON Asset Management, Ltd. makes no representation or warranty as to any third party Content, products or services, and you agree that PHOTON Asset Management, Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
DISCLAIMER OF WARRANTY:
PHOTON Asset Management, Ltd. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, PHOTON Asset Management, Ltd.DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHOTON Asset Management, Ltd. SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
LIMITATION OF LIABILITY:
PHOTON Asset Management, Ltd. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF PHOTON Asset Management, Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PHOTON Asset Management, Ltd.’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
REVISIONS:
PHOTON Asset Management, Ltd. may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that PHOTON Asset Management, Ltd. shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. PHOTON Asset Management, Ltd. may at any time revise these Web Site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms of Use to which you are bound.
TERMINATION:
You agree that PHOTON Asset Management, Ltd., in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that PHOTON Asset Management, Ltd. believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service.
SAFE HARBOR PROVISION:
The Content may contain forward-looking statements within the meaning of Section 27A of the United States Securities Act of 1933, as amended, and Section 21E of the Securities Act of 1934, as amended. Such forward-looking statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are not historical facts and are based on expectations, estimates, and projections about our industry; our beliefs and assumptions; and our goals and objectives as of the date such forward-looking statements are first posted. Words such as “anticipates”, “expects”, “intends”, “plans”, “believes”, “seeks”, and “estimates”, and variations of these words and similar expressions are intended to identify forward-looking statements. These statements are only predictions, are not guarantees of future performance, and are subject to risks, uncertainties, and other factors, some of which are beyond our control, are difficult to predict, and could cause actual results to differ materially from those expressed or forecasted in the forward-looking statements. These risks and uncertainties include those set forth in the Content and in our other SEC filings, in particular our annual report on Form 20-F for fiscal 2001 ended December 31, 2001. Except as required by law, we undertake no obligation to update any forward-looking statement, whether as a result of new information, future events, or otherwise.
GENERAL INFORMATION:
The Terms of Use constitute the entire agreement between you and PHOTON Asset Management, Ltd. and govern your use of the Site, superceding any prior agreements between you and PHOTON Asset Management, Ltd. relating to your use of this site. You may also be subject to additional terms and conditions that may apply when you participate in a PHOTON Asset Management, Ltd.-sponsored service, or use or download Software. If any provision of these Web Site Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of PHOTON Asset Management, Ltd. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the Taiwan without regard to conflicts of laws principles, will apply to all matters relating to use of the site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the courts in HsinChu, Taiwan. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, regardless of whether or not you then became aware of it, or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
VIOLATIONS:
Please report any violations of these Terms of Use to PHOTON Asset Management, Ltd..
EVENT WEB SITES/PAGES:
PHOTON Asset Management, Ltd. is not responsible for the content, accuracy, or reliability of any of the presentations and pavilion contents included on the PHOTON Asset Management, Ltd. 2020 Open Innovation Platform Ecosystem Forum online website. Furthermore, PHOTON Asset Management, Ltd.’s courtesy of including these presentations and pavilion contents does not constitute an endorsement on the content of the said presentations and pavilion contents. Any liability arising from the contents of any of the presentations or pavilion contents is the responsibility of the presenter itself, and PHOTON Asset Management, Ltd. shall have no liability.