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Lexar Terms of Use General Lexar Media, Inc. and its subsidiaries' (collectively, "Lexar") websites are controlled and operated by Lexar (or its authorized service providers/agents) from offices in the United States of America. By accessing any of these Lexar websites, you agree to be bound by these Terms of Use, all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use any of the Lexar websites. Any claim relating to Lexar's websites shall be governed by the laws of the State of California without regard to its conflict of law provisions. Lexar makes no representations or warranties that the materials contained on Lexar's websites are appropriate or available for use in all locations or territories, and access to such materials from locations or territories where their content is illegal is prohibited. Failure of Lexar 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 or provision nor prevent enforcement by Lexar of such right or provision thereafter. Copyright Information and Trademark Guidelines The materials contained on Lexar's websites are protected by applicable copyright laws and trademark laws. See Lexar's Copyright Information and Trademark Guidelines. Any unauthorized use of the materials appearing on Lexar's websites may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. Lexar vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property. Use License Permission is granted to download one (1) copy of the materials on Lexar's websites for personal, non-commercial transitory viewing only. This is the grant of a limited and non-exclusive license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these Terms of Use and may be terminated by Lexar at any time and for any reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Note that certain materials and software made available for download on Lexar's websites are subject to their own specific terms and conditions, and those terms and conditions applicable to such materials and software shall govern the download and use of such materials and software. DISCLAIMER OF WARRANTIES THE MATERIALS ON LEXAR'S WEBSITES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. LEXAR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH MATERIALS AND LEXAR DISCLAIMS AND NEGATES ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING SUCH MATERIALS, 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, LEXAR MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY WEBSITES LINKED TO OR FROM LEXAR WEBSITES. LIMITATION OF LIABLITY IN NO EVENT SHALL LEXAR OR ITS SUPPLIERS 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 MATERIALS ON LEXAR'S WEBSITES, EVEN IF LEXAR 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 materials appearing on Lexar's websites could include technical, typographical, or photographic errors. Lexar does not represent or warrant that any of the materials on its websites are accurate, complete, or current. Lexar may make changes to the materials contained on its websites at any time without notice. Lexar does not, however, make any commitment to update such materials. Modification of Terms of Use Lexar may revise these Terms of Use for Lexar's websites at any time without notice. By using any of the Lexar websites you are agreeing to be bound by the then current version of these Terms of Use. User Submissions Any information, data, or other material you transmit or post to Lexar's websites will be considered non-confidential and non-proprietary ("Submitted Information"). Lexar will have no obligations with respect to the Submitted Information, and may, at its option, disclose, distribute, copy, incorporate, or otherwise use the Submitted Information for any and all commercial and non-commercial purposes. You may not transmit or post anything to the Lexar websites that is unlawful, threatening, pornographic, libelous, defamatory, or that would otherwise violate any law. User Chat Rooms Lexar 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 Lexar websites where users transmit 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, Lexar 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 Lexar deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Lexar, 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 Lexar through the forms located on the Lexar websites is governed by the Privacy Policy located at the relevant Lexar website. Links Lexar websites may contain links to third party websites. Such websites are maintained by other companies, individuals or agencies and links to these other websites are provided by Lexar strictly as a convenience to users of Lexar websites. These linked websites are not under the control of Lexar, and Lexar is not responsible for the accuracy of information on any such websites. The inclusion of any such link does not imply any endorsement by Lexar of the linked third party website. Lexar 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. Lexar may terminate any link(s) on any of the Lexar websites at any time without notice. Copyright Information All materials appearing anywhere on Lexar's websites are protected by worldwide copyright laws and treaty provisions. The copyright to such materials is held by Lexar, or by the respective third party owner of the materials. None of the materials 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 Lexar's 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 Lexar website in a manner that constitutes copyright infringement, please provide Lexar's Copyright Agent with the following information:
By mail: Copyright Agent c/o Lexar Media, Inc. Legal Department 47300 Bayside Parkway Fremont, California 94538 By phone: (510) 413-1200 By fax: (510) 440-3499 By email: legaldepartment@lexar.com. If you believe that a copyright infringement notice has been wrongly filed against or delivered to you as a result of mistake or a misidentification of the material, you may file a counter notification with Lexar's Copyright Agent. The counter notification must provide the following information:
U.S. Government Restricted Rights The materials on the Lexar websites are provided with "RESTRICTED RIGHTS". Use, duplication, and/or disclosure by the United States Government of such materials 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 Lexar. Use of any of the materials appearing on Lexar's websites by the Government constitutes acknowledgment and acceptance of Lexar's proprietary rights in such materials. Trademark Guidelines General Lexar's trademarks, service marks and logos ("Trademarks") represent intellectual property rights owned by Lexar and as such are valued assets of Lexar. These Trademarks are registered or unregistered Trademarks of Lexar and must be used properly. Lexar's Trademarks may be used publicly with permission only from Lexar. Fair use of Lexar's Trademarks in advertising and promotion of Lexar products requires proper acknowledgement. Follow these Trademark Guidelines ("Guidelines") when using Lexar's Trademarks in internal and external communications, documents and electronic messages. Other product names or trademarks, including those appearing on Lexar's websites, that are not owned by Lexar are for identification purposes only and may be the registered or unregistered trademarks of their respective owners. No license or right is granted by Lexar by implication, estoppel or otherwise to any such third party names or trademarks. Applicability of Guidelines These Guidelines apply to Lexar employees, customers, licensees, consultants, outside vendors, and other third parties. Note that if you are a licensee of a Lexar Trademark, the license agreement that you signed with Lexar may contain specific usage guidelines that differ from those contained within these Guidelines, and in such case you should follow those specific guidelines provided within such license agreement. If you are a licensee, but have been provided no special guidelines, then follow these Guidelines. List of Lexar Trademarks The list of Lexar Trademarks provided here may be updated with new Trademark information and should be referred to regularly. Note that the list may not be comprehensive, and the omission of a Lexar Trademark from the list does not represent any waiver of any intellectual property rights of Lexar in and/or to such mark. If in doubt about whether or not a particular name, mark or logo is a Lexar Trademark, or if you have any questions about the use of Lexar's Trademarks, contact Lexar's Legal Department for assistance. Lexar® Lexar Media® JumpDrive® Image Rescue® Shoot-n-Sync™ Lexar. When Memory Matters.™ Referring to Lexar Products/Services When referring to Lexar products or services use the proper applicable Trademark, and ensure that such references: (i) are truthful, fair, and not misleading; and (ii) comply with these Guidelines. Note that these Guidelines may be modified by Lexar from time-to-time in its sole discretion. Specifically, ensure that you:
Use of Lexar Trademarks When using a Lexar Trademark, ensure that you:
Identification of Lexar Trademarks In letters, memos, press releases, white papers, advertising, slides, foils, video, and other multimedia presentations, ensure that you:
Proper Use Examples of Lexar Trademarks Lexar® Flash drive Lexar® memory card Lexar® memory module Lexar® memory component Acknowledgement of Lexar Trademarks Ensure that you include a proper trademark ownership notice that identifies each Lexar Trademark used as being owned by Lexar Media, Inc. (e.g. "Lexar and the Lexar logo are trademarks of Lexar Media, Inc."). If you are a licensee of a Lexar Trademark, the license agreement that you signed with Lexar may contain specific notice, acknowledgment and other requirements and restrictions. Refer to your license agreement for such specific requirements and restrictions. Use of "Lexar" as a Trademark vs. Trade name "Lexar" is not only a trademark used to identify Lexar's products and services, it also serves as Lexar's company name. Therefore, the word "Lexar" is generally used in two (2) different ways: (i) as a trade name to identify Lexar Media, Inc. the company; or (ii) as a trademark to identify its various products. "Lexar" is used as a trade name when Lexar Media, Inc. the company is taking some action or referenced as having some attribute (e.g. "Lexar announced its earnings for this quarter"). When referenced as a trade name, there is no need to include a trademark symbol after "Lexar". "Lexar" is used as a trademark when Lexar is an adjective used as a brand name for its products (e.g. "Lexar® NAND Flash devices are aimed at mobile and consumer applications"). When referenced as a trademark, include the proper trademark symbol after "Lexar". Links to Lexar Websites Any link to a Lexar website from a different website must conform to these Guidelines and the following additional rules:
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