Please read the following paragraphs carefully before using this Internet site (the “Site”). By using this Site, you signify your assent to the conditions included in this Legal Information Page.
Nanosys Inc. (“Nanosys”) maintains this Site from its offices in Palo Alto, California, United States of America. Nanosys makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. This notice and disclaimer will be governed by and construed in accordance with the laws of the State of California without giving effect to conflict of laws principle.
Forward-Looking Statements
Certain statements in this Site are forward-looking and involve risks and uncertainties. These may be identified by the use of forward-looking words or phrases such as “believe”, “expect”, “intend”, “anticipate”, “should”, “planned”, “forecast”, “estimated”, and “potential”, among others. These forward-looking statements are based on Nanosys’ current expectations. The Private Securities Litigation Reform Act of 1995 provides a “safe harbor” for such forward-looking statements. In order to comply with the terms of the safe harbor, Nanosys notes that a variety of factors could cause actual results, occurrences, and/or experiences to differ materially from the anticipated results or other expectations expressed in such forward-looking statements.
Intellectual Property Rights and Limited Rights to Use of Content
Nanosys owns the rights in, or license to use, the individual components of the content (e.g., text, photos and information conveyed therein) of this Site, and Nanosys owns the overall selection, coordination, arrangement, and enhancement of such content. You may download and use content of the Site for personal, non-commercial use only, provided that you (1) retain all notices contained in the original materials, (2) only use images with surrounding text relating to the images, and (3) include the following copyright notice:
© Nanosys 2012. All rights reserved.
You may not reproduce, disclose, publish, broadcast, distribute, modify, transmit, reuse, repost, or otherwise use any content of the Site for public or commercial purposes without the express written permission of Nanosys.
Any product, process, or technology described in the Site may be the subject of other intellectual property rights reserved by Nanosys and are not licensed hereunder.
You should assume that all contents of the Site are copyrighted unless otherwise noted and may not be used except as provided herein and without Nanosys’ express written permission. Neither Nanosys nor any third party has conferred upon you by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright (except as expressly provided herein).
The trademarks, service marks and logos displayed on the Site are registered (where indicated) or unregistered trademarks and/or service marks of Nanosys or of their respective owners. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the trademarks or logos without Nanosys’ express written permission. Any misuse of the trademarks or logos on the Site and in its contents is strictly prohibited.
User Submissions
Nanosys does not want to receive confidential or proprietary information from you through this Site unless you have a written agreement with Nanosys (other than the Terms of Use and Legal Information on this page) related to the sharing of such information. Any communication or material that you transmit to or post on the Site, by electronic mail or otherwise, including any data, information, communications, materials, questions, comments, suggestions, or the like (“User-Submitted Content”), will be deemed to be and treated as non-confidential and non-proprietary. By submitting to Nanosys via this Site without a written agreement relating to your User-Submitted Content, you understand and agree that Nanosys and any of its affiliates may use such User-Submitted Content for any purpose whatsoever without obligation to you, including, but not limited to, reproduction, disclosure, distribution, modification, reuse, transmission, publication, broadcast, and further posting. Further, Nanosys and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any User-Submitted Content for any purpose whatsoever.
Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend, and hold harmless Nanosys from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or its content, or any violation by you of these Terms of Use.
Other Terms and Notices May Apply
Additional terms and conditions will apply to business transactions conducted by Nanosys via this Website. Nothing contained in this Legal Information Page is intended to modify or amend any agreement currently in effect between you and Nanosys.
Although these terms of use are intended to apply generally to all content located at nanosysinc.com and dot-color.com, this Site may contain other proprietary notices and conditions of use, the terms of which must also be observed and followed as they apply to the particular portions of this Site for which they are intended.
Disclaimers and Limitation of Liability
NANOSYS PROVIDES THE SITE “AS IS,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY ANY KIND, INCLUDING ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES. NANOSYS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. NANOSYS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE. IN NO EVENT WILL NANOSYS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA THIS SITE OR ANY OTHER HYPERLINKED WEBSITE, PAGES, CONTENT, OR INFORMATION (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM THE LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF NANOSYS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. Some jurisdictions do not allow EXCLUSIONs of implied warranties AND REPRESENTATIONS and/or certain limitations of liability, so the foregoing EXCLUSIONs and limitations may not apply to you. The content on this Site could contain technical inaccuracies or typographical errors, and information may be changed, updated or deleted without notice. At any time, Nanosys may improve and/or change any products, processes, technology, and/or services described in this Site. Nanosys makes no warranties that this Site will operate uninterrupted, secure, or error free; that defects will be corrected, or that any requested email alerts or other alerts will be delivered at all or in a timely manner. Nanosys makes no warranties that this Site is compatible with your electronic equipment or that the Site or the server that makes the Site available are free of viruses or other harmful components, and Nanosys is not liable for any damage you may suffer as a result of such features. Additionally, Nanosys makes no representations or warranties whatsoever about any other website, pages, content, or information which you may choose to access through this Site.
Governing Law
The Terms of Use will be governed by and construed in accordance with the laws of the State of California, as such laws apply to contracts between California residents performed entirely within California. You agree that upon Nanosys’ request, all disputes arising hereunder will be adjudicated in the state and federal courts having jurisdiction over disputes arising in Santa Clara County, California, and you hereby agree to consent to the personal jurisdiction of such courts. If any provision of the Terms of Use shall be held by a court of competent jurisdiction to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force and effect.
Nanosys may, at any time, revoke or revise any of the rights and obligations stated in this Legal Information Page at any time by updating this page. You are bound by any such revised terms and conditions; therefore, you should revisit this page as necessary to review the then-current conditions applicable to your use of this Site.