Please read these Terms of Use (“Terms”) carefully before using this site. By accessing and using Hazel Networks LLC (“Hazel Networks”) Web Sites and Materials, you acknowledge and agree to abide by the following Terms of Use. If you do not agree to these Terms, do not use the Hazel Networks Web Sites or download any Materials.
Scope of Terms
These Terms of Use are applicable to all Hazel Networks Websites, whether a sponsored site, managed through a third party vendor or hosted by a third party (referred to hereafter as the “Web Sites”). These Terms also apply to any resources and tools provided through Hazel Networks Web Sites, including but not limited to developer tools, download areas, research areas, community forums, chat rooms, blogs, sharing sites and product information. These Terms apply to all the Hazel Networks Web Sites, both now and in the future. Hereafter, all the materials covered by these Terms of Use will be referred to as the “Materials.”
Hazel Networks may provide activity or program specific Terms of Service, for example when Hazel Networks provides interactive Materials and/or enables User Generated Content. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, the Terms herein remain in full force and effect.
Security and Privacy
Personal Information: Information submitted to Hazel Networks through forms on the Web Sites or Materials is governed according to Hazel Networks’ Privacy Policy.
Member Account, Password, and Security: Hazel Networks may, from time to time, host a program or activity specific site that may require you to establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Hazel Networks immediately of any unauthorized use of your account or any other breach of security here. Hazel Networks will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Hazel Networks or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Use Terms
No License: Unless otherwise specified in the Materials themselves, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web Sites.
No Unlawful or Prohibited Use: You agree that you will not use the Web Sites or Material for any purpose that is unlawful or prohibited by these Terms of Use. You may not:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, an Hazel Networks official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- Use the Web Sites, Materials, Services or activities to “stalk” or otherwise harass or harm another;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Site or Materials;
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You may not use the Web Site or Materials in any manner that could damage, disable, overburden, or impair any Hazel Networks server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site or Materials or interfere with any other party’s use and enjoyment of the Web Sites or Materials;
- You may not attempt to gain unauthorized access to any Web Site or Material, other accounts, computer systems or networks connected to any Hazel Networks server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites or Materials;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Notices and Disclosures
Exclusions of Warranty: YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEB SITES AND MATERIALS IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF HAZEL NETWORKS PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- IN NO EVENT SHALL HAZEL NETWORKS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITES OR MATERIALS, EVEN IF HAZEL NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAZEL NETWORKS AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES HAZEL NETWORKS MAY MAKE TO THE SERVICES, DOCUMENTS, WEB SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITE (OR ANY FEATURES WITHIN THE WEB SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- IN NO EVENT SHALL HAZEL NETWORKS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES 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 OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEB SITE.
- THESE LIMITATIONS ON HAZEL NETWORKS’S LIABILITY SHALL APPLY WHETHER OR NOT HAZEL NETWORKS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
Indemnification: You agree to indemnify and hold Hazel Networks and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Web Sites or Materials, your use of the Web Sites or Materials, your connection to the Web Sites or Materials, your violation of these Terms of Use or site specific Terms of Use, or your violation of any rights of another.
Accuracy and Completeness: Hazel Networks does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Web Sites or Materials.
Changes and Updates: Hazel Networks reserves the right to modify or discontinue, temporarily or permanently, Web Sites or Materials (or any part thereof) with or without notice. Hazel Networks may make changes to Web Sites or Materials, or to the products described therein, at any time without notice. Hazel Networks makes no commitment to update the Web Sites or Materials.
Forward Looking Statements: Some of the information on this Web Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Hazel Networks. Words such as “predicts,” “expects,” “should,” “goals,” “plans,” “believes,” “is designed to,” “may,” and variations of such words and similar expressions identify forward-looking statements. In addition, any statements that refer to or may imply future financial performance, our anticipated growth and trends in our businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially.
Content Related Notices
Ownership: You acknowledge and agree that Hazel Networks owns all legal rights, title and interest in and to the Materials and Web Sites, including any Hazel Networks trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be 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 Hazel Networks’ prior written permission. Except as expressly provided herein, Hazel Networks does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Translations: Where Hazel Networks has provided you with a translation of the English language version of these Terms of Use, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with Hazel Networks. If there is any contradiction between the English language version of the Terms of Use and the translation, the English language version shall take precedence.
Third Party Content: Web Sites and Materials may contain user or third party submitted content; such content is not reviewed, approved or endorsed by Hazel Networks and is provided solely as a convenience to our customers and users. Under no circumstances will Hazel Networks be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. By your use 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. All postings and use of the Web Sites or Material are subject to these Terms of Use and any other program and site specific terms.
Hazel Networks Product Notices and Information
Limitations: WITH REGARD TO INFORMATION ON HAZEL NETWORKS PRODUCTS IN THE WEBSITE OR MATERIALS NO LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY INTELLECTUAL PROPERTY RIGHTS IS GRANTED IN THE WEBSITE OR MATERIALS. EXCEPT AS PROVIDED IN HAZEL NETWORKS’ TERMS AND CONDITIONS OF SALE FOR SUCH PRODUCTS, HAZEL NETWORKS ASSUMES NO LIABILITY WHATSOEVER, AND HAZEL NETWORKS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, RELATING TO SALE AND/OR USE OF HAZEL NETWORKS PRODUCTS INCLUDING LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR INFRINGEMENT OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT.
Use of Hazel Networks Products: Hazel Networks products are not intended for use in medical, life saving, life sustaining applications. UNLESS OTHERWISE AGREED IN WRITING BY HAZEL NETWORKS, THE HAZEL NETWORKS PRODUCTS ARE NOT DESIGNED NOR INTENDED FOR ANY APPLICATION IN WHICH THE FAILURE OF THE HAZEL NETWORKS PRODUCT COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR.
Changes to Specifications: Hazel Networks may make changes to specifications and product descriptions at any time, without notice. Designers must not rely on the absence or characteristics of any features or instructions marked “reserved” or “undefined.” Hazel Networks reserves these for future definition and shall have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them. The product information on the Web Site or Materials is subject to change without notice. Do not finalize a design with this information.
Defects and Errata: The products described in the Web Site or Materials may contain design defects or errors known as errata which may cause the product to deviate a small amount from published specifications. Current characterized errata are available on request.
Non-Hazel Networks Benchmarks: Hazel Networks does not control or audit the design or implementation of third party benchmarks or Web sites referenced in the Materials or on the Web Sites. Hazel Networks encourages all of its customers to visit the referenced Web sites or others where similar performance benchmarks are reported and confirm whether the referenced benchmarks are accurate and reflect performance of systems available for purchase.
Notice Specific to Hazel Networks Documents
Permission to use Hazel Networks owned white papers, press releases, datasheets, specification documents, FAQs etc. (“Documents”) from the Web Sites is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Web Site or any other Hazel Networks owned, operated, licensed or controlled site. Elements of the Web Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Web Site may be copied or retransmitted unless expressly permitted by Hazel Networks.
HAZEL NETWORKS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HAZEL NETWORKS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL HAZEL NETWORKS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES 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 OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CORRECTIONS ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN AS APPLICABLE. HAZEL NETWORKS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED AT ANY TIME WITH OR WITHOUT NOTICE.
User Content Submissions
Definition: User content submissions may include, but not limited to, user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the “User Content”) on any Hazel Networks web site. The content submitted by users is referred to here after as “User Content”.
Non-Endorsement: Hazel Networks does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Hazel Networks expressly disclaims any and all liability in connection with User Content submissions. Hazel Networks does not permit copyright infringing activities and infringement of Intel property rights on its Web Sites, and Hazel Networks will remove User Content if properly notified that such submission infringes on another’s Intel property rights in accordance with the DMCA provisions. Hazel Networks reserves the right to remove User Content at its sole discretion and without prior notice.
Ownership: Hazel Networks does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Web Sites or Materials, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Web Sites or Material. Unless otherwise agreed to in writing, there is no compensation for User Content. Hazel Networks is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized Hazel Networks representative, any material, information or other communication you transmit or post to a Web Site will be considered non-confidential and non-proprietary.
License: Unless other specified on the Web Site or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such user content you grant Hazel Networks, necessary sub-licensees and Web Site users, a perpetual, irrevocable and fully sub-licensable license to use worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
User Submitted Code: Any user submitted code or materials posted on an Hazel Networks web site is supplied under license from the submitter, and should be used or downloaded in accordance with any license terms specified. Hazel Networks is not responsible for user submitted code nor warrants that it will work correctly.
Warranties and Representations: By posting or submitting User Content you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the User Content. To the extent that the User Content submitted contains images, photographs, pictures or graphical representations in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Materials, (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use.
Moderation or Pre-Screening: You acknowledge that Hazel Networks may or may not moderate or pre-screen User Content. Hazel Networks and its designees retain the right, at Hazel Networks’ sole discretion to pre-screen, refuse, or remove any User Content from its Web Site or Materials. Hazel Networks, however, will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, Hazel Networks shall have the right to remove any User Content that violates these Terms of Use.
Links to Other Materials or Sites
The linked sites are not under the control of Hazel Networks and Hazel Networks is not responsible for the content of any linked site or any link contained in a linked site. Hazel Networks reserves the right to terminate any link or linking program at any time. Hazel Networks does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
General
User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
Hazel Networks makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms constitute the entire agreement between you and Hazel Networks Corporation and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and Hazel Networks shall be governed by the laws of the State of Oregon, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
In the case of any violation of these rules and regulations, Hazel Networks reserves the right to seek all remedies available by law and in equity for such violations.
Hazel Networks may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular Web Sites or Materials.