Terms of Use

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 and Conditions of Use. If you do not agree to these Terms and Conditions of Use, do not use or download this website or any materials provided herein.

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

Welcome to the BaThe 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 any, 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 (which materials are subsumed in the definition of Materials, above). 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 comprises a part of these Terms.
  • 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. Except as provided herein, Bay does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Website Disclaimer; Limitation of Liabiity

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 of Bay’s directors, officers, employees, agents, or other representatives, or any third party, be liable for any loss or damage including, without limitation, special, incidental, 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. Bay’s maximum liability hereunder shall be one hundred dollars ($100.00) per claim made in connection with these Terms. You agree to release Bay from all obligations, liabilities, claims, or demands in excess of this limitation.

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, without limitation, 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 at any time by updating this posting. You should visit this page from time to time to review the then current Terms as they are binding on you. Certain provisions of these Terms 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, Bay Microsystems, Big Fabric, Max Data Xchange, and MD Director are registered trademarks of Bay Microsystems, Inc. in the U.S. and other countries.

Children

Children (persons under the age of 18) are not eligible to use this Website unsupervised, and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Website in conjunction with and under the supervision of your parents or guardians.