Terms and Conditions
The following terms and conditions apply to all visitors and govern all use of this website. The information, material and related graphics available on this site (“Materials”) are provided by Microtune, Inc. (“Microtune”). By using this site you agree that you have read and understood these terms and agree to be bound by these terms, and to comply with all applicable laws and regulations regarding use of this site. If you do not agree to these terms, do not use this site. Microtune reserves the right to make changes to this site and to these terms at any time at its sole discretion. Any change in these terms will be prospective only, unless retroactive effect is legally required. Your continued use of this site will constitute your acceptance of any new or amended terms. In the case of any violation of these terms and conditions, Microtune reserves the right to seek all remedies available at law and in equity for such violations. Any claim relating to this site or use of this site will be governed by and interpreted in accordance with the laws of the State of Texas, without reference to its conflict-of-laws principles. ANY DISPUTE ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE WILL BE BROUGHT IN, AND YOU HEREBY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN, THE STATE AND FEDERAL COURTS SITTING IN DALLAS COUNTY, TEXAS. YOU AGREE TO WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON-CONVENIENS AND AGREE THAT PROCESS MAY BE SERVED IN A MANNER AUTHORIZED BY APPLICABLE LAW OR COURT RULE.
1. Use Restrictions
Except as stated herein, these Materials may not be reproduced, modified, displayed or distributed in any form or by any means without Microtune’s prior written consent. Microtune grants permission to download, reproduce, display and distribute the content posted on this website solely for informational and non-commercial or personal use, provided that you do not modify such Materials and provided further that you retain all copyright and proprietary notices as they appear in such materials. Microtune further grants to educational institutions (specifically K-12, universities and community colleges) permission to download, reproduce, display and distribute the Materials posted on this site solely for use in the classroom, provided that such institutions identify Microtune as the source of the Materials and include the following credit line: “Courtesy of Microtune, Inc.” Unauthorized use of any of the content is expressly prohibited by law, and may result in civil and criminal penalties. If you violate any of these terms and conditions, your permission to use the Materials is terminated, and you must immediately destroy any Materials downloaded from this website.
2. Compliance With Applicable Laws; Export Control Laws
User access to this website is governed by all applicable federal, state and local laws. All information available on the website is subject to U.S. export control laws and may also be subject to the laws of the country where the information is received. Microtune operates this site from its offices within the United States. Microtune makes no representations that the Materials referenced on this site are appropriate or available for use in other areas of the world. Those who access this site from locations outside the United States are responsible for compliance with applicable local laws. All Microtune products and publications are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.
3. Trademarks
Unless otherwise specified, the trademarks, logos, trade names, icons, service names and service marks (“Marks”) displayed on this website are the property of Microtune. All third party trademarks, trade names or service marks are the property of their respective owners. Users are not permitted to use these Marks without the prior written consent of Microtune or such third party which may own the Mark.
The use of any Microtune Marks without our express written consent is strictly prohibited. Your access to this website should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks appearing on the website without the prior written consent of Microtune or the third party that may own the Mark.
At Microtune, we believe that our legal name, our brand and our Marks represent and convey our good name and the goodwill of our company. This section shows and explains the usage of these names and elements.
Legal Name and Legal Names of Subsidiaries
The legal name of the parent company in the United States is written:
Correct:
Microtune, Inc.
Incorrect:
Microtune
Microtune Inc.
Microtune Incorporated
Microtune, Inc. has several subsidiary corporations in the United States and in other countries. Each subsidiary corporation has its own distinctive legal name that should be used, without modification, in its business dealings.
4. Copyrights
Unless otherwise specified, all content on this website is the property of Microtune and is protected by U.S. and international copyright laws, international copywrite treaties and other intellectual property laws and treaties. All other copyrighted content is the property of its respective owners.
5. Warranties; General Disclaimer and Limitation of Liability
Microtune intends for the Materials contained on this site to be accurate and reliable. These Materials may, however, contain technical inaccuracies, typographical errors or other mistakes. Microtune may make corrections or other changes to these Materials at any time. Microtune and its suppliers reserve the right to make corrections, modifications, enhancements, improvements and other changes to its products, programs and services at any time or to discontinue any products, programs, or services without notice.
THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS.” MICROTUNE AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THESE MATERIALS FOR ANY PURPOSE AND DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT.
YOU ACKNOWLEDGE AND AGREE THAT THE MATERIALS INCLUDED HEREIN ARE PROVIDED AS AN EXAMPLE ONLY AND THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THESE MATERIALS. MICROTUNE ASSUMES NO LIABILITY FOR YOUR USE OF THESE MATERIALS.
MICROTUNE DOES NOT WARRANT OR REPRESENT THAT ANY LICENSE, EITHER EXPRESS OR IMPLIED, IS GRANTED UNDER ANY PATENT RIGHT, COPYRIGHT, MASK WORK RIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHT OF MICROTUNE COVERING OR RELATING TO THESE MATERIALS OR ANY COMBINATION, MACHINE, OR PROCESS TO WHICH THESE MATERIALS RELATE OR WITH WHICH THESE MATERIALS MAY BE USED. USE OF THE INFORMATION ON THIS SITE MAY REQUIRE A LICENSE FROM A THIRD PARTY UNDER THE PATENTS OR OTHER INTELLECTUAL PROPERTY OF THAT THIRD PARTY, OR A LICENSE FROM MICROTUNE UNDER THE PATENTS OR OTHER INTELLECTUAL PROPERTY OF MICROTUNE.
IN NO EVENT SHALL MICROTUNE OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THIS SITE OR ARISING OUT OF THE USE OR PERFORMANCE OF THE MATERIALS AVAILABLE ON THIS SITE, REGARDLESS OF WHETHER MICROTUNE OR AN AUTHORIZED MICROTUNE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Privacy Statement
Microtune cares about your privacy and seeks to protect such information from loss, misuse, unauthorized access, alteration and destruction. This policy explains how we intend to handle any personally identifying information you give us online. It does not apply to personally identifying information that we may collect offline.
Information Collection
Personal information means any information that may be used to identify an individual, for example, a first and last name, an email address, a home, postal or other physical address, telephone number, etc. You may browse our website without sharing any personal information about yourself. However, sharing your personal information with us makes it easier for you to:
Request information or materials concerning our products by contacting sales@microtune.com.
Receive newsletters, press releases and other messages regarding our company by contacting ir@microtune.com.
Microtune collects personal information when you request information concerning Microtune products or Microtune company information, when you ask to be included in an email or other mailing list, or when you submit your personal information to Microtune for any other reason. We may also collect certain anonymous information that cannot be associated with you personally, such as the domains from which you visit us, the number of visitors to our web sites, browsing patterns and areas of interest. We analyze this data to assess trends, statistics and customers’ needs, to help us improve our web sites, products and better serve our customers. You may opt out at any time. For example, if you choose to receive communications by contacting ir@microtune.com and later change your mind, you may unsubscribe at any time. For example, e-mail messages will contain instructions on how to “unsubscribe” from receiving the email in question.
How We Use Personal Information
Microtune uses the information you provide for internal purposes, such as to fulfill your requests for information about certain products and to keep you up to date on the latest product announcements or other information about Microtune we think you would like to hear about. We may also use your information to send you direct marketing information or contact you for market research. You can opt-out of receiving marketing communications from us at any time by following the instructions listed under the section entitled “Opt-Out.” Because Microtune is an international company, your personal information may be shared with other Microtune offices or subsidiaries around the world. All such entities are governed by this Privacy Policy. If you choose to provide us with your personal information, you are granting us permission to transfer that information, within Microtune or to Microtune’s third party service providers. We may transfer your information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Your personal information is never shared outside Microtune without your permission, except under the conditions explained below. Inside Microtune, data is stored in controlled servers with limited access. Your information may be stored and processed in the United States or any other country where Microtune, its subsidiaries, affiliates or agents are located. Microtune may send your personal information to other companies or people under any of the following circumstances: when we have your consent to share the information; when we need to share your information to provide the product or service you have requested; when we need to send the information to companies who work on behalf of Microtune to provide a product or service to you (we will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose); or when we want to keep you up to date on the latest product. If you have any questions about our privacy policy, e-mail us at
ir@microtune.com.
7. Specific Notice Regarding Links to Third Party Sites.
Certain links provided herein permit you to leave this site and enter non-Microtune sites. These linked sites are not under Microtune’s control. Microtune is not responsible for the contents of any linked site or any changes or updates to such sites. Microtune is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by Microtune of any linked site.
MICROTUNE’S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY MICROTUNE PRODUCT OR SERVICE.
Linking to this site is subject to Microtune’s Linking Policy.
8. Forward-Looking Statements
All statements included on or incorporated by reference into this website (including documents, presentations, audio and video recordings, or other information accessible from this website) other than statements of historical fact are forward-looking statements that are subject to risks and uncertainties that could cause such statements to differ materially from actual future events or results. Such forward-looking statements are generally, but not necessarily, accompanied by words such as “plan,” “if,” “estimate,” “expect,” “believe,” “could,” “would,” “anticipate,” “may,” or other words that convey uncertainty of future events or outcomes. Specific examples of forward-looking statements included on or incorporated by reference into this website include, but are not limited to, statements relating to our current expectations, estimates and projections with respect to our industry, trends within our industry, management’s opinions regarding such trends, including changes in technologies and markets, projections of financial performance or expectations with respect to anticipated market conditions for our products, and other statements that refer to expectations, projections or other characterizations of future events or circumstances. These forward-looking statements and other statements made or incorporated by reference into this website are made in reliance, in part, on the Private Securities Litigation Reform Act of 1995. Factors which could cause actual results to differ from anticipated results include changes in technologies, changes in economic conditions or in the markets in which we operate, the Company’s ability to introduce new products, achieve design wins, maintain customer and strategic partner relationships, forecast customer demand and manage inventory levels, control and budget expenses, protect proprietary technology and intellectual property, and successfully prosecute and defend any future litigation. Any one of these factors may cause the Company’s business or financial results to differ materially from its projected results. The forward-looking statements included on or incorporated by reference into this website speak only as of the date they are made based on the information available to us at that time. We undertake no obligation to revise or update publicly any forward-looking statement for any reason, including forward-looking statements made herein relating to our current expectations, estimates and projections with respect to our industry, trends within our industry, management’s opinions regarding such trends, including changes in technologies and markets, projections of financial performance or expectations with respect to anticipated market conditions for our products, and other statements that refer to expectations, projections or other characterizations of future events or circumstances. Readers are referred to our Annual Report on Form 10-K, subsequent Quarterly Reports on Form 10-Q, recent Current Reports on Form 8-K, and other Securities and Exchange Commission filings which discuss the foregoing factors as well as other important risk factors that could affect our business, results of operations and financial condition.
