Terms of Use

The following Terms and Conditions of Use govern your use of the Analog Pixel website (the “Site”) offered to you by Analog Pixel, Inc., its subsidiaries and/or affiliates (“Analog Pixel”). Your use of the Site constitutes your acceptance of and your agreement to follow and be bound by these Terms and Conditions of Use without modification. Analog Pixel requests that you carefully read the Terms and Conditions of Use provided below and our Privacy Policy before using the Site. If these Terms and Conditions of Use or our Privacy Policy are not acceptable to you for any reason, you must exit immediately and discontinue using the Site.

Your License to Use the Analog Pixel Site

Analog Pixel grants you permission to view and use the Site and all information, materials and content made available to you on the Site and to print individual pages from the Site subject to the restrictions set forth below. The Site and its contents are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. You may download one (1) printed copy of the content of the Site on a single computer or CPU solely for the purpose of doing business with Analog Pixel. This is a license only and not a transfer of title. Without the prior written consent of Analog Pixel, you may not (a) modify the content of the Site for any purpose, (b) decompile, reverse engineer or disassemble software materials, (c) remove any copyright notice or other proprietary notices from the content of the Site, (d) transfer the content of the Site to another person or (e) allow anyone else to copy any portion of the content of the Site.

Unlawful or Prohibited Use

As a condition of your use of the Site, you represent and warrant to Analog Pixel that you will not use the Site or any of the content of the Site for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Materials provided on the Site are provided as a service to Analog Pixel’s customers to be used for informational purposes only. Analog Pixel makes no representations about the suitability of such materials for any purpose.

Modifications to the Site and Terms and Conditions of Use

Analog Pixel reserves the right to change, move or delete portions of or add to the Site and these Terms and Conditions of Use from time to time without prior notice to you. Your use of the Site following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, Analog Pixel recommends that you read these Terms and Conditions of Use each time you visit the Site.

Links to Other Sites

The Site may contain links to other Sites so that you may learn more about the products available at Analog Pixel and other matters that Analog Pixel feels may be of interest to you as a Analog Pixel customer. Analog Pixel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Analog Pixel of the site or any association with its operators. While Analog Pixel will make every effort to ensure that these Sites will meet your approval, Analog Pixel does not have control over, and is in no manner responsible or liable for, the availability and content of the Sites to which the Site is linked. Analog Pixel is not responsible for webcasting or any other form of transmission received from any linked Site. Any concerns regarding any product or service offered by a Site to which the Site is linked or the link itself should be directed to the operator of that specific Site and not to Analog Pixel.

This Site is the Intellectual Property of Analog Pixel

Unless otherwise noted, all information, trademarks, copyrighted material, trade dress, images, illustrations, designs, icons, photographs, video clips, software, content, specifications, catalogs, literature, technical papers, advertisements, and other materials on the Site, except proprietary material contained in Sites linked to the Site (“Analog Pixel Proprietary Material”) is the exclusive property of Analog Pixel. Analog Pixel Proprietary Material is protected by applicable worldwide intellectual property rights and, except as provided by these Terms and Conditions of Use, Analog Pixel grants no express or implied right to use any Analog Pixel Proprietary Material.

Your Confidential Information, Ideas, Suggestions

Any comments, suggestions, ideas or other submissions that you provide to Analog Pixel by using the Site or which are otherwise provided to Analog Pixel in connection with your use of the Site will become Analog Pixel’s property and may be used by Analog Pixel subject to the terms of our Privacy Policy. The act of providing any such suggestion, ideas, feedback, or materials constitutes an assignment to Analog Pixel of all worldwide right, title and interest, including copyright and other intellectual property rights, in and to the material and information you provide to Analog Pixel. Analog Pixel will be under no obligation whatsoever to use, respond to or pay any compensation with respect to any idea, submission or suggestion provided by you and may remove or delete any such idea, suggestion or submission at any time in Analog Pixel’s sole discretion. No information, material, or comment provided to Analog Pixel by you through the Site may contain vulgar, obscene, threatening or otherwise unlawful language or material. By providing any comment, suggestion, idea or other submission to Analog Pixel, you represent and warrant that you own or otherwise control all of the rights to such comments, suggestions, ideas or submissions including, without limitation, all the rights necessary for you to provide such comments, suggestions, ideas or submissions to Analog Pixel and for Analog Pixel to use, copy, reproduce, modify, create derivative works from, transfer, distribute, perform, publish, license or sell the same.

Disclaimer

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. ANALOG PIXEL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. ANALOG PIXEL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL ANALOG PIXEL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE OF DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANALOG PIXEL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Copyrights and Trademarks

All contents of the Site are: Copyright © 2006-2017 Analog Pixel, Inc. and/or its subsidiaries, affiliates or suppliers, 290 Cerritos Avenue, Suite 203, Long Beach, California, U.S.A. All rights reserved. The following are some, but not all, of the registered and unregistered trademarks and service marks of Analog Pixel, Inc.: Analog Pixel. References throughout this Site to terms that appear with (TM), (R) or ® markings are considered proprietary trademarks, service marks and trade names owned by Analog Pixel. All rights not expressly granted herein are reserved by Analog Pixel and/or its suppliers.

Indemnification by You

By using the Site, you agree to indemnify, defend and hold harmless Analog Pixel, its employees, directors, officers, agents, subsidiaries and affiliates from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to your use of the Site or the material provided therein and any breach by you of these Terms and Conditions of Use.

Termination/Access Restriction

Analog Pixel reserves the right, in its sole discretion, to terminate your access to any or all of the Site and the related services or any portion thereof at any time, without notice.

Other Agreements

Any commercial transaction for goods, services or data which you have entered into with or may enter into with Analog Pixel, whether separately in writing or through the use of any link provided by Analog Pixel on this Site will be governed by the terms and conditions set forth in the applicable agreement governing such transaction. In the event of a conflict between specific terms of this Agreement and specific terms of another agreement you may have with Analog Pixel, the terms of such other agreement shall control to the extent necessary to eliminate such conflict. All other terms shall be governed by this Agreement.

General

The Site is controlled and operated by Analog Pixel from its offices in Long Beach, California. Analog Pixel makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site, export or re-export the materials in violation of U.S. export laws and regulations. Unauthorized export or re-export is prohibited. In addition, if you access this Site from a location outside of the United States, you remain solely responsible for compliance with all local laws and regulations. This agreement will be construed in accordance with the laws of the State of California without regard to any conflict of law provisions. Any dispute arising by virtue of your use of the Site or any material found thereon will be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state and federal courts in California. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Analog Pixel as a result of this agreement or use of the Site. Analog Pixel’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Analog Pixel’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Analog Pixel with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Analog Pixel with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Analog Pixel with respect to the Site. In the event that any of these Terms and Conditions of Use conflict with the any other terms and guidelines contained within the Site, then these Terms and Conditions of Use shall control.

Effective Date: January 1, 2007