TERMS OF USE
Last modified: January 2024
IMPORTANT: BY ACCESSING AND/OR USING THE WEBSITE (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, DO NOT ACCESS OR USE THE WEBSITE.
Acceptance of Terms
The following agreement consists of the terms and conditions governing your (“you” or “user”) access to and use of Next Silicon Ltd.’s (“Next Silicon”, “We” or “Us”) websites available at www.nextsilicon.com and the content therein (collectively, the “Website”). These terms and conditions together with Next Silicon’s Privacy Policy available at privacy-policy (collectively, the “Terms”) constitute a binding agreement between you and Next Silicon, and by continuing to use the Website (in whole or in part) in any way or manner you agree to abide by, and be bound by, these Terms. If you do not understand and/or agree to these Terms, please do not use or access the Website.
We may unilaterally amend these Terms at any time. You should check our Website periodically and review changes to the Terms at the following URL: https://www.nextsilicon.com/terms-of-use. By continuing to use the Website following such modifications, you agree to be bound by such modifications. If you do not understand and/or agree with any revision of the Terms, please do not use or access the Website.
References to “you” in the Terms means you, your duly authorized representatives, and any entity you may represent in connection with your use of the Website. By accessing or using the Website for your own personal use, you confirm that (i) you can form a binding contract with Us under the applicable laws of your jurisdiction, and (ii) you are over the age of 18. By accessing or using the Services on behalf of a corporation (or any other legal entity), you confirm that you are duly authorized by such legal entity to enter into an agreement on behalf of that legal entity and that you are individually bound by the Terms, even if We have a separate agreement with such legal entity.
User Accounts
The use of the Website, or any part thereof, may require you to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a username. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify Next Silicon immediately of any unauthorized use of your account or any other breach of security. Next Silicon 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. You may not use anyone else’s account at any time.
Electronic Communications
When you contact us by sending emails to us or filling out any contact forms on the Website, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License
Subject to the terms and conditions set forth herein, Next Silicon hereby grants to you, and you accept, a personal, nonexclusive, nontransferable, non-assignable, non-sublicensable, revocable, limited license to access and make noncommercial use of the Website only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof.
These terms and the foregoing license do not include any right to use any Next Silicon services or solutions, all of which are subject to entering into a separate license or services agreement with Next Silicon.
Limitations on Use
Except as specifically permitted herein, you agree not to (i) sell, license (or sublicense), lease, assign, transfer, pledge, or share any of your rights under these Terms with or to any third party; (ii) copy, modify, duplicate, distribute, display, perform, sublicense, decipher, decompile, reverse engineer, translate, port, republish, retransmit, reproduce, create derivative works of, transfer, or otherwise use the Website, all or any part of the Website, or any content included therein, and/or Next Silicon IPR (as defined below); (iii) refer to the Website by use of framing; (iv) make use of the Website in any jurisdiction where such use is illegal or which would subject Next Silicon or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate, or instruct others to use the Website for any illegal, harmful, or offensive use; (vi) transmit or upload any viruses, spyware, or other harmful, infringing, illegal, disruptive, or destructive content, messages, or files; (vii) access the Website through or use with the Website any unauthorized means, services, or tools, including without limitation any data mining, robots, or any other automated means of data gathering and extraction tools, including without limitation in order to extract for reutilization of any parts of this Website; (viii) perform any act that destabilizes, interrupts, or encumbers the Website or its servers or use automatic means, robots, or crawlers, that enable sending more request messages to the servers of the Website in a given period of time than a human can reasonably send in that time period by using the Website; (viii) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or make any attempt to discover the source code of the Website and/or any other software available on the Website or create derivative works thereof; or (x) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Website or its servers. You are solely responsible for obtaining, paying for, repairing, and maintaining all the equipment, software, hardware, and services required for getting access to and using the Website.
Ownership of Proprietary rights
The Website, including without limitation any underlying data, software, platforms, algorithms, technology, design, UI, information, services, texts, files, charts, graphs, photos, videos, sound, music, organization, structure, “look and feel” and features, Next Silicon’s logos, icons, trademarks, and any modifications, enhancements, and derivatives thereof and all intellectual property rights related thereto (“Next Silicon IPR”) are the exclusive property of Next Silicon and/or its licensors, who retain all right, title, and interest in connection therewith.
No transfer or grant of any rights by Next Silicon is made, or is to be implied to have been made, by any provision of these Terms, or by any other content and/or material included on the Website with respect to Next Silicon IPR or otherwise, except for the limited license set forth in Section 2 above. For the avoidance of doubt, it is hereby clarified that nothing herein, or in the content and/or materials included in the Website, shall be construed as a grant of right or license in or to any trademark, service mark, logo, or trade name of Next Silicon or any third party, unless otherwise expressly agreed in writing by Next Silicon or any such third party.
You hereby grant Us an unlimited, perpetual, world-wide, transferrable, sublicensable, royalty-free right and license to use, in any manner and for any purpose, any data and/or information provided or submitted by you through the Website, including, but not limited to, feedback, comments or suggestions.
Privacy
Next Silicon’s privacy practices are governed by Next Silicon’s privacy policy, the most updated copy of which can be found at privacy-policy (“Privacy Policy”). By accessing this Website you consent to the collection and use of information as described in our Privacy Policy, as may be amended by us from time to time.
Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE AND/OR THE NEXT SILICON IPR SHALL BE AT YOUR OWN RISK. THE WEBSITE, INCLUDING WITHOUT LIMITATION NEXT SILICON IPR, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEXT SILICON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND COMPLIANCE WITH REGULATORY REQUIREMENTS.
NEXT SILICON DOES NOT WARRANT THAT THE NEXT SILICON IPR AND/OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE OR THE SERVER THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEXT SILICON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE NEXT SILICON IPR OR WEBSITE, INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR AVAILABILITY OR OTHERWISE. WITHOUT DEROGATING FROM THE FOREGOING, THE INFORMATION PROVIDED THROUGH THE WEBSITE MAY BE PARTIAL, OUTDATED, INACCURATE, AND SUBJECT TO CHANGE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEBSITE AND/OR ANY OF THE NEXT SILICON IPR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL NEXT SILICON AND ITS AFFILIATES AND ITS AND THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS, OR SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR ANY DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT, OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEBSITE OR NEXT SILICON IPR OR RELIANCE THEREON, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY NEXT SILICON.
WITHOUT DEROGATING FROM THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS, IF ANY, IN CONNECTION WITH THE WEBSITE OR THESE TERMS SHALL NOT EXCEED US$1,000. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold Next Silicon and anyone acting on its behalf, including but not limited to all of its owners, shareholders, directors, managers, officers, affiliates, employees, licensors, and suppliers, harmless against any losses, expenses, costs, claims, damages (including attorneys' fees, experts’ fees, and other costs of litigation) arising from, incurred as a result of, or in any manner related to (i) your use of the Website or (ii) any breach of these Terms.
Third Party Content
The Website may contain content provided by third parties and links to outside services and resources. Next Silicon does not screen, monitor, or control such content and services. Any concerns regarding any such linked service or resource should be directed to such particular service’s or resource’s provider. Such links and content are provided only as an informational resource, simply as a service and only for your convenience. Next Silicon is not responsible or liable for such links and/or content. Without derogating from the foregoing, should you leave the Website via a link contained in it and/or view content that is not provided by Next Silicon, you do so at your own risk and Next Silicon shall not be responsible or liable for damages or losses caused in connection therewith. Inasmuch as you are redirected to linked sites, applications, and content, We recommend that you carefully read and abide by the terms of use and privacy policies of such applications, sites, or content.
Termination
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Website and/or Next Silicon IPR immediately (including without limitation the license set forth in Section 2 above), at our sole discretion without notice. Such termination may result in the destruction of all information and data associated with your account on the Website. Upon termination you shall immediately cease using the Website and the following Sections shall survive: 1, 3, 5-11 and 13.
General
(i) These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Tel Aviv-Jaffa, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii) notwithstanding the foregoing, in the event of breach or threatened breach of any provision of these Terms by you, you acknowledge and agree that Next Silicon could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms, and that the remedies at law available to Next Silicon may otherwise be inadequate, and Next Silicon shall be entitled to the immediate ex parte issuance, without bond, of equitable relief, including without limitation injunctive relief, in any jurisdiction worldwide, in addition to any other remedies to which it may be entitled to including without limitations under law, or in equity. You hereby acknowledge and agree that Next Silicon shall not be required to post bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition; (iii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iv) you acknowledge and agree that Next Silicon has the right, at any time and for any reason, to redesign or modify the Next Silicon IPR and other elements of the Website or any part thereof; (v) these Terms are the entire agreement between you and Next Silicon regarding the subject matter herein and these Terms shall not be modified except as provided above; (vi) Next Silicon may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Next Silicon. Any unauthorized assignment will be void and of no force or effect; (vii) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Next Silicon any rights, remedies, or other benefits under or by reason of these Terms; (viii) Next Silicon’s failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Next Silicon as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (ix) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (x) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN RESPECT THEREOF.
If you have any further questions or require further clarification, please contact us at: info@nextsilicon.com.
