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Privacy Policy

Please read these Terms of Use carefully before using this website. By accessing and using the Bay Microsystems, Inc. website, you acknowledge and agree to abide by the following Terms of Use. If you do not agree to these Terms of Use, do not use or download the website or any materials provided herein.

Terms and Conditions of Use

WELCOME

Welcome to the Bay Microsystems, Inc. (“Bay”) website (the “Website”). If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”) which, together with Bay’s Privacy Policy, governs your relationship with Bay in relation to this Website.

The terms “Bay Microsystems, Inc.,” “Bay Microsystems,” “us” or “we” refer to the owner of the Website whose registered office is 2055 Gateway Place, Suite 650, San Jose, CA 95110, USA . The term "you" refers to the user or viewer of our Website.

USAGE OF WEBSITE

The use of this Website is subject to the following terms and conditions:

• The contents of this Website are for your general information and use only and are subject to change without notice.
• Neither Bay nor any third parties provide, and we hereby disclaim, any and all warranties and guaranties, express or implied, as to the accuracy, timeliness, performance, completeness or suitability of the information and materials published or offered on this Website (collectively, “Materials”) for any purpose. All such Materials are provided “as is” and without warranty of any kind. You acknowledge that such Materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any Materials on this Website is entirely at your own risk for which Bay will not be liable in any manner whatsoever. It is your responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
• This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics of this Website. Reproduction of this Website or any Materials is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions of Use.
• All trademarks reproduced in this Website which are not the property of, or licensed to, Bay are acknowledged in this Website.
• Unauthorized use of this Website may give rise to a claim for damages and/or constitute a criminal offense.
• You may not create a link to this Website from another website or document without Bay’s prior written consent.
• Your use of this Website and any dispute arising out of such use of this Website will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Bay agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Santa Clara, California. All Materials available on this Website are subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
• You may not attempt to gain unauthorized access to other accounts, computer systems, or networks connected to any Bay server through hacking, password mining or any other means or obtain or attempt to obtain any Materials through any means not intentionally made available through this Website.
• You may not use this Website or any Materials published in this Website in any manner that could damage, disable, overburden, or impair any Bay server or network connection, disobey any requirements, procedures, policies, or regulations of networks connected to this Website, or interfere with any other party’s use and enjoyment of this Website or the Materials published herein.

OWNERSHIP

You acknowledge and agree that Bay owns all legal rights, title, and interest in and to this Website and the Materials offered and published herein, including, without limitation, any Bay trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights are registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Bay’s prior written permission or except as permitted by these Terms and Conditions of Use. Except as provided herein, Bay does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

PRIVACY POLICY

This Privacy Policy describes how Bay uses and protects any information that you provide to Bay when you use this Website. Bay respects your concerns regarding maintaining the privacy of the data you submit to Bay. Bay is committed to ensuring that your privacy is protected. If we ask you to provide certain information by which you can be identified when using this Website, you can be assured that such information will only be used in accordance with this Privacy Policy.

What We Collect

We may collect the following information:

• username and password
• name and job title
• contact information including email address
• company information
• other information relevant to customer surveys

How We Use Information We Gather

We use this information to understand your needs and provide you with a better service. In particular, we use the information we collect from you:

• to improve our products and services
• to improve our customer support site
• for internal record keeping

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use your information to customize this Website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Cookies and How We Use Them

Bay uses “cookies” to enhance your experience when you visit the Website and to allow us to better design the Website to suit your needs. A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our Website in order to tailor it to your needs. We use this information for statistical analysis purposes only and then the data is removed from the system.

Cookies help us provide you with a better Website by enabling us to monitor which pages you find useful and which pages you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may, however, prevent you from taking full advantage of the Website.

Links to Other Websites

Our Website may contain links to other websites that we think may be of interest to you. However, once you click on these links you will leave our Website and then be visiting and under the control of such third party website. We cannot be responsible for the protection and privacy of any information you provide while visiting such third party websites and such websites are not governed by this Privacy Policy. You should exercise caution and review the privacy statement applicable to the third party website in question.

Controlling Your Personal Information

We will not sell, distribute or lease your personal information to third parties unless required by law. You may request details of personal information which we maintain concerning you. If you believe that any information we are maintaining on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

Bay may change this Privacy Policy from time to time. You should check this Website from time to time to ensure that you are aware of any changes. This policy is effective from October 16, 2008.

WEBSITE DISCLAIMER; LIMITATION OF LIABILITY

The information contained in this Website is for general information purposes only. Any reliance you place on such information is strictly at your own risk. Bay may make changes to specifications and product descriptions at any time, without notice, and will have no liability or responsibility whatsoever for any conflicts or incompatibilities arising or resulting from such changes. The information and materials offered and published on this Website are subject to change at any time without notice.

In no event will Bay or any third party be liable for any loss or damage including, without limitation, special, indirect or consequential loss or damage, or any loss or damage whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this Website or the Materials. These limitations on Bay’s liability will apply whether or not Bay has been advised of or should have been aware of the possibility of any such losses or damages.

Through this Website, you are able to link to other third party websites. Bay has no control over the nature, content and availability of such websites. Bay does not review, approve, recommend, or endorse any third party website or the information and materials offered thereby. The inclusion of any such links to other websites is provided by Bay solely as a convenience to you. Under no circumstances will Bay be liable in any way for any third party submitted or provided content including, without limitation, any errors or omissions or damages of any kind. By your use thereof, you agree that you must evaluate and bear all risks associated with the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content.

Every effort is made to keep this Website up and running smoothly. However, Bay takes no responsibility, and will not be liable, for this Website being temporarily unavailable due to technical issues beyond our control or for any other reason whatsoever. Bay reserves the right to modify or discontinue, temporarily or permanently, this Website and the Materials published herein (or any part thereof) with or without notice. Bay may make changes to this Website and the Materials published herein at any time without notice. Bay makes no commitment to update this Website or the Materials.

Bay may revise these Terms and Conditions of Use at any time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions of Use as they are binding on you. Certain provisions of these Terms and Conditions of Use may be superseded by expressly designated legal notices or terms located elsewhere in this Website.

LEGAL COPYRIGHT NOTICE

This Website and its content are the property of Bay Microsystems, Inc.® Any redistribution or reproduction of all or any part of the contents of this Website in any form is strictly prohibited, except for the following:

• You may print or download all or any part of this Website to a local hard disk for your personal and non-commercial use only.
• You may copy the content of this Website to individual third parties for their personal use, but only if you acknowledge this Website as the source of the material.

You may not, except with our express written permission, (1) distribute or commercially exploit the content of this Website, or (2) transmit or store such content in any other website or other form of electronic retrieval system.

TRADEMARKS

ABEx, IBEx, Newport, and Bay Microsystems are registered trademarks of Bay Microsystems, Inc. in the U.S. and other countries.