Lexar Terms of Use

This website is a Micron Website (as defined below) and is owned and maintained by Micron Technology, Inc. and/or a Micron subsidiary.  Your use of this website is governed by these Terms of Use.  Please read these Terms of Use carefully before using this website.  By accessing and using the Micron Websites, you acknowledge and agree to abide by these Terms of Use and all applicable laws and regulations.  If you do not agree to these Terms of Use, you are not authorized to use the Micron Websites.

General
Micron Technology, Inc. and its subsidiaries are collectively referred to herein as "Micron."  Micron’s websites (herein, the “Micron Website(s)” or “Micron’s Website(s)”) are controlled and operated by Micron from its offices in the United States of America.  These Terms of Use apply to all of the Micron Websites and all materials and content posted thereon, including but not limited to, text, images, embedded hyperlinks, downloadable content, datasheets, product support documents, and software (collectively referred to herein as “Content”).  The Micron Websites are provided on an as-is, where-is basis and Micron provides no representations or warranties as to the accuracy, completeness, or utility of any Content provided on the Micron Websites.  Additionally, Micron makes no representations or warranties that the Content contained on Micron's Websites is appropriate or available for use in all locations or territories, and access to such Content from locations or territories where such Content is illegal is prohibited.  Failure by Micron to enforce any right(s) or provision(s) contained within these Terms of Use shall not constitute or be deemed to be a waiver of such right(s) or provision(s) nor prevent enforcement by Micron of such right(s) or provision(s) thereafter. Any claim relating to Micron's Websites shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions.  Any action brought by you and arising out of or related to your use of the Micron Websites shall be brought, prosecuted and defended, as the case may be, in the state or federal courts located in Ada County, Idaho, and by using the Micron Websites you consent to the jurisdiction of and venue within such courts.  YOU FURTHER AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE MICRON WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, YOUR CAUSE OF ACTION WILL BE PERMANENTLY WAIVED.

Copyright Information and Trademark Guidelines
The Content contained on Micron's Websites is protected by applicable copyright laws and trademark laws.  For further information, please see Micron's Copyright Information and Trademark Usage Guidelines at Trademark Usage Guidelines and Any unauthorized use of the Content appearing on Micron's Websites may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.  Micron vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs, damages and attorneys’ fees it may incur preventing the misuse or misappropriation of the Micron Websites and any Content therein.

Use License
So long as you comply with these Terms of Use, permission is granted to download and ephemerally store in computer memory one (1) copy of the Content on Micron's Websites for personal, non-commercial transitory viewing only.  This is the grant of a limited, revocable, non-sublicensable and non-exclusive license under copyright, not a transfer of title, and under this license you may not, and you agree not to:

(a)     modify, create derivative works from, or further copy the Content;
(b)     use the Content for any commercial purpose, or for any public display (commercial or noncommercial);
(c)     attempt to decompile or reverse engineer any software contained on or obtained from Micron's Websites;
(d)     remove any copyright or other proprietary notices on the Content; or
(e)     transfer the Content to another person or "mirror" or "frame" the Content on any other website or server.

This license shall automatically terminate if you violate any of these Terms of Use and may be terminated by Micron at any time and for any reason without notice.  Upon termination of this license, you must destroy any downloaded Content in your possession whether in electronic or printed format.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses Micron’s Websites in a manner that sends more request messages to the Micron servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.  Notwithstanding the foregoing, Micron grants the operators of public search engines permission to use automated systems to copy Content from the Micron Websites for the sole purpose of creating publicly available searchable indices of the Content.  Micron reserves the right to revoke these exceptions either generally or in specific cases.  You agree not to collect or harvest any personally identifiable information, including account names and/or email addresses, from the Micron Websites, and not to use the communication systems provided by the Micron Websites for any commercial solicitation purposes.  You agree not to solicit, for commercial purposes, any users of the Micron Websites with respect to their Submitted Information (as defined below).  Note that certain Content made available for download or purchase on Micron's Websites is subject to its own specific terms and conditions through a separate click-to-accept agreement, and those terms and conditions applicable to such Content shall govern the download and use of such Content.

DISCLAIMER OF WARRANTIES
THE CONTENT ON MICRON'S WEBSITES IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER.  MICRON MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH CONTENT AND MICRON DISCLAIMS AND NEGATES ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING SUCH CONTENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER VIOLATION OF RIGHTS.  FURTHER, MICRON MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON ITS WEBSITES OR OTHERWISE RELATING TO SUCH CONTENT OR ON ANY WEBSITES LINKED TO OR FROM THE MICRON WEBSITES.

LIMITATION OF LIABLITY
IN NO EVENT SHALL MICRON OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFITS, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT ON MICRON'S WEBSITES, EVEN IF MICRON HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THESE LIMITATIONS MAY NOT APPLY TO YOU.

Revisions and Errata
The Content appearing on Micron's Websites could include technical, typographical, or photographic errors.  Micron does not represent or warrant that any of the Content on the Micron Websites is accurate, complete, or current.  Micron may make changes to the Content contained on the Micron Websites at any time without notice.  Micron does not, however, make any commitment to update such Content.

Modification of Terms of Use
Micron may revise these Terms of Use for Micron’s Websites at any time without notice.  By using any of the Micron Websites you are agreeing to be bound by the then-current version of these Terms of Use.

Submitted Information
Any information, data, images, drawings, photographs, and/or other materials you transmit, submit or post (or which you transmitted, submitted or posted in the past) to any Micron Website or submit to Micron for the purpose of posting on the Micron Website (collectively, "Submitted Information") will be considered non-confidential and non-proprietary.  Micron will have no obligations with respect to the Submitted Information, and by transmitting, submitting or posting Submitted Information to any Micron Website you hereby grant to Micron, and its subsidiaries and affiliates, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable license to make, sell, have made, disclose, distribute, display, perform, copy, reproduce, incorporate, prepare derivative works of, and/or otherwise use the Submitted Information for any and all commercial and non-commercial purposes, including without limitation in connection with the Micron Websites.

You may not and shall not transmit, submit or post anything to any Micron Website that is unlawful, threatening, pornographic, libelous, defamatory, infringing, or that would otherwise violate any law.  Micron does not endorse any Submitted Information or any opinion, recommendation, or advice expressed therein, and Micron expressly disclaims any and all liability in connection with Submitted Information.  You shall be solely responsible for your Submitted Information and the consequences of posting or publishing it.  With respect to your Submitted Information, you represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to use and authorize Micron to use all patent, copyright, trademark, trade secret, and/or other intellectual property or proprietary rights in and to any and all of your Submitted Information to enable inclusion and use of the Submitted Information in the manner contemplated by the Micron Websites and these Terms of Use.

From time to time, you may be requested to establish a member account and/or password to access certain portions of a Micron Website or to receive certain Content.  In such cases, you are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account.  Micron will not be liable for any loss that you incur as a result of a third party using your password or account, either with or without your knowledge or consent.  You may not use anyone else’s account at any time without the permission of the account holder.  You agree to immediately notify Micron of any unauthorized use of your account.

Micron may, at Micron’s sole discretion, terminate your ability to transmit, submit, and/or post information to any Micron Websites if you are determined to be a repeat infringer of third party intellectual property rights.

Indemnification
You agree to defend, indemnify and hold harmless Micron, its subsidiaries and affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, actions, suits, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from or related to your Submitted Information, your violation of these Terms of Use or any rights of a third party, and/or your use of the Micron Websites and/or Content, including without limitation in connection with any claim of infringement of any patent, copyright, trademark, trade secret, and/or other intellectual property or proprietary rights of any third party.

Exchange Services
Micron is not obligated to, but may in its sole discretion at any time and without notice, monitor or review any areas or locations on or in any of the Micron Websites where users transmit, submit or post Submitted Information or communicate with others, including but not limited to chat rooms, bulletin boards, blogs, or any other user forums ("Exchange Services"), and any of the content of any such Submitted Information or Exchange Services.  Without limiting the foregoing, Micron may in its sole discretion at any time and without notice: (a) refuse to post or remove any or all such content; (b) terminate your access to and/or use of any or all of the Exchange Services (including termination due to repeat infringement of intellectual property laws); (c) modify or terminate any or all of the Exchange Services; and/or (d) disclose any such content or information as Micron deems necessary to satisfy any applicable law, regulation, legal process or governmental request.  Micron, however, will have no liability relating to any of the content of any such Submitted Information or Exchange Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Use of Personally Identifiable Information
Information submitted to Micron through the forms located on the Micron Websites is governed by the Privacy Policy located at the relevant Micron Website(s), including but not limited to http://www.lexar.com/about/privacy. To the extent you choose to submit personal information through a Micron form or Micron Website, you agree to provide true, accurate, current, and complete information. 

Links
Micron websites may contain links to third party websites.  Such websites are maintained by other companies, individuals or agencies and links to these third party websites are provided by Micron strictly as a convenience to users of Micron Websites.  These linked websites are not under the control of Micron, and Micron is not responsible for the accuracy of information on any such websites.  A linked website may be subject to its own terms of use/service and/or privacy policy, which should be consulted when visiting such website.  The inclusion of any link to a third party website in a Micron Website does not imply any endorsement by Micron of the linked third party website.  Micron does not monitor or review the content of such third party websites and therefore any access to or use of any such linked third party website is at the user's sole and own risk.  Micron may terminate any link(s) on any of the Micron Websites at any time without notice.

Copyright Information
All Content appearing anywhere on Micron's Websites is protected by worldwide copyright laws and treaty provisions.  The copyright to such Content is held by Micron, or by the respective third party owner of the Content.  None of the Content may be copied, reproduced, displayed, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as expressly permitted herein or with Micron's or its licensors’ express prior written approval.  All rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been posted to a Micron Website in a manner that constitutes copyright infringement, please provide Micron's Copyright Agent with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Micron to locate the material;
  4. Information reasonably sufficient to permit Micron to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Micron's Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By mail:
Copyright Agent
c/o Micron Technology, Inc.
8000 S. Federal Way, M/S 1-507

Boise, Idaho 83707

By phone:
(208) 368-4555

By fax:
(208) 368-4540

By email:
copyright@micron.com

Please consult the United States Digital Millennium Copyright Act (Title 17, United States Code, Section 512) for more information on copyright notifications and counternotifications, and in the event of a conflict between that Act and these Terms of Use, the Act shall govern and you shall be required to comply with its provisions.

U.S. Government Restricted Rights
The Content on the Micron Websites is provided with “RESTRICTED RIGHTS”. Use, duplication, and/or disclosure by the United States Government of such Content is subject to the restrictions identified in FAR 52.227-14 and DFAR 252.227-7013 et seq. or its successor.  All other use is prohibited without the express prior written approval of Micron.  Use of any of the Content appearing on Micron's Websites by the Government constitutes acknowledgment and acceptance of Micron's proprietary rights in such Content.

Links to Micron Websites
Any link to a Micron website from a different website using the Micron logos must conform to the Trademark Usage Guidelines found at Trademark Usage Guidelines and the following additional rules:

  1. You may not use any of the Micron logos to imply in any way that Micron has sponsored or endorsed your website or any of the products or services referenced on your website without receiving Micron's express prior authorization in writing;
  2. You may not alter any of the Micron logos in any way, including proportions or colors and may not animate or morph the logos to change their appearance;
  3. You may not use any of the Micron logos on any website that disparages Micron or its products or services in any way; and
  4. The Micron logos may only be used on website pages that make accurate reference to Micron, its products and/or services.  The Micron logos must be placed on the same page as the reference to Micron and as close to the reference as feasible.

Micron may take action against any use of the Micron logos that does not conform to the requirements set out herein or that infringes any right held by Micron, and Micron will actively seek the recovery of any costs it may incur preventing any such misuse or damages that may result from such misuse.