The Microprocessor Report and/or the Networking Report ("Publications"), including all of its features, web site (www.linleygroup.com) and content is a service made available by The Linley Group, Inc. (the Provider) and all content of the Publications may be used by you solely under this user license:
1. SINGLE USER LICENSE--You are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Publications that you have purchased. Your right to use the Publications is personal to you -- you may not authorize others to use the Publications. You may not sub-license, transfer, sell or assign this Agreement to any third party without written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
2. USE OF PASSWORD--You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your ID and password), you must promptly change your password and notify Customer Service department.
3. LIMITATIONS OF USE--The content of the Publications is for your personal use only. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Publications or the content within. You may not use any network monitoring or discovery software to determine the web site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider's prior written permission.
You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Publications, except to the extent permitted above. You may not use or otherwise export or re-export the Publications, the content or any portion thereof in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Publications or its content is prohibited.
4. OWNERSHIP, COPYRIGHT, AND DISTRIBUTION--You acknowledge that the copyrights to the Publications are exclusively owned by Provider. You may not copy or transfer any portion of the Publication to any person or entity, in any form or in any medium, without Provider’s prior written consent.
5. REPRESENTATIONS AND WARRANTIES-- Provider warrants that the products and services delivered under this agreement do not infringe any copyrights or other proprietary rights of any third party. Provider additionally warrants that all of the services to be performed under this agreement will be rendered in a professional manner. The warranties and representations contained in this section are in lieu of, and Provider disclaims, any and all other warranties or representations (express or implied, oral or written) with respect to the Publications’ merchantability or fitness or suitability for any purpose, including any and all implied warranties of merchantability or fitness or suitability for any purpose.
You represent that you have the power and authority to enter into this agreement.
6. LIMITATION OF LIABILITY--Provider's maximum liability for any and all claims arising under this agreement shall not exceed the aggregate amount of the monies paid to Provider hereunder. In all cases, Provider's liability shall be limited to direct damages and in no event and under no legal theory, including tort, contract or otherwise, shall Provider be liable for any indirect, special, incidental, or consequential damages (including loss of profits or loss of goodwill) even if advised of the possibility of such damages.
7. GOVERNING LAW; DISPUTE RESOLUTION-- Any dispute or disagreement between the parties under this Agreement that is not settled within thirty (30) days (or such longer period as may be mutually agreed upon) from the date a party gives notice to the other in writing specifying such dispute or disagreement, including, without limitation, any issue as to the arbitrability of such dispute or disagreement, shall be settled by arbitration before a single arbitrator selected by the parties in Santa Clara County, California, United States of America, who shall be directed to follow the International Arbitration Rules of the American Arbitration Association, as in effect on the date that such notice is given. Any decision of the arbitrator appointed and acting pursuant to this Paragraph 13 shall be final and binding upon the parties and judgment may be entered thereon, upon the application of either party, by any court having competent jurisdiction. The arbitrator may also award reasonable attorney's fees and the costs of the arbitration to the prevailing party. This Paragraph 13 shall not preclude either party from seeking a temporary restraining order, preliminary injunction or other temporary injunctive relief to prevent an anticipatory or continuing breach of this Agreement. Notwithstanding anything herein, no punitive damages may be claimed, awarded or enforced against either party. The validity, interpretation and legal effect of this agreement shall be governed by the laws of the State of California of the United States of America, without reference to the principles of conflicts of laws.
8. FORCE MAJEURE-Provider shall not be liable for delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond its reasonable control, including, but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.
9. TERMS AND TERMINATION--Provider reserves the right to change the terms of this Agreement by providing notice in the Publications or directly to users via electronic mail or conventional mail. Provider shall conclusively deem your use of the Publications following the posting of any changes to these terms and conditions as acceptance of those changes.
Provider may discontinue or change the Publications, or its availability, at any time. If you refuse or fail to abide by these rules or violate any other terms or conditions of this Agreement, Provider reserves the right in its sole discretion to suspend or terminate your access to the Publications immediately without notice, in addition to any other available remedies.
The Linley Group, Inc.
355 Chesley Avenue
Mountain View, CA 94040