This Site and its contents are made available by Mattson Technology
Site (as defined below. THIS DOCUMENT IS LEGALLY BINDING.
PLEASE READ IT CAREFULLY FIRST. BY USING THE SITE OR ANY MATERIALS,
YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO
THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY
OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL
AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU
DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND
BY THE TERMS, THEN YOU MUST NOT USE THE SITE OR MATERIALS.
IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY MATTSON,
ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
DEFINITIONS. As used here:
- "Hosts" means Mattson Technology, Inc.
- "Materials" means source code, code samples,
object code, technical materials, documentation, discussion
thread postings, blogs, wikis, data, and any other content,
information, technology or services available on the Site.
- "Project" means a project hosted on the Site.
- "Site" means the collection of Mattson web pages
require Users to view or accept these Terms before accessing
such pages, as well as any successor web pages or other
technology as may be designated by the Hosts.
- "Submissions" means any Materials submitted
to the Site.
- "Use" and its variants are meant in their broadest
sense, including, but not limited to, the acts of using,
accessing, receiving, browsing, downloading from, and uploading
to. A "User" is a person or entity that Uses the
- "You" means you personally, as well as any person
or entity on whose behalf you are Using the Site.
ACCESS TO THE SITE AND THINGS YOU FIND HERE.
This section refers to the Materials found on the Site, as
Materials May Have Other Licenses/Terms. Some of the Materials
With respect to Your rights in and obligations regarding such
Materials (but not including Your Submissions which are governed
by Sections 4.b and 4.c herein), and to the extent there is
over these Terms, and you agree to be bound accordingly.
Use at Your Own Risk. You understand that the Hosts may or
may not pre-screen Materials, and You agree to assume all
risks in Using them. These risks include, but are not limited
to, errors, viruses, worms, time-limited software that expires
without notice, defamatory or offensive content, and the possibility
that the Materials infringe or misappropriate the intellectual
property rights of others. You agree to assume all such risks.
If Hosts become aware of Submissions that violate these Terms
or that Hosts believe to be obscene, lewd, lascivious, excessively
violent, harassing, or otherwise objectionable, they may act
in good faith to restrict access to or availability of the
material. If You notice that any other User’s Submissions
appear to violate these Terms, or if any other User makes
You feel harassed or unsafe, You agree to contact us immediately.
Don't Blame the Messenger. You understand that Materials
may contain the opinions of others and You do not hold the
Hosts responsible for such opinions.
Copyright Infringement. We are committed to respecting others'
intellectual property rights, and we ask our Users to do the
same. If You believe that Your work has been copied in a way
that constitutes copyright infringement on our Site, please
contact Mattson’s copyright agent by sending an email
with the subject “Copyright” to email@example.com.
Management of Materials and Access. You agree that the Hosts
have sole discretion in deciding whether to accept and post
Materials, and that they may delete Materials for any reason
(including no reason) whatsoever. You understand that access
to the Site may be limited for technical reasons, that outages
may occur, and that the Hosts have no obligation to store
or back up any Materials. You agree that the Hosts have the
right to restrict or terminate, in their sole discretion,
access to the Site for any reason, including their belief
that a User has violated these Terms.
Links to Other Sites. You understand that this Site may provide
links to other sites or content that is not hosted or managed
by the Hosts, and you agree that the Hosts have no control
over, responsibility or liability whatsoever relating to any
such sites or content, including Your Use of them.
THINGS YOU SUBMIT TO THE SITE. This Site
offers many opportunities for You to contribute Materials
to the community on this Site. In addition to the other terms
found here, the following terms apply to any Submissions made
by You ("Your Submissions").
You Take Responsibility for Your Submissions. You represent
and warrant that You have all rights needed to provide Your
Submissions to the Hosts for posting to the Site in accordance
with these Terms and to grant the licenses set forth in sections
4.b and 4.c. You agree that Your Submissions cannot and do
not: (i) infringe, misappropriate or violate the intellectual
property rights or privacy interests of others; (ii) constitute
confidential or trade secret information, or information subject
to anyone's privacy interests; (iii) harm Mattson or the Site,
interfere with the Site's normal operation, breach its security
or authentication measures, or constitute deceptive practices
such as spamming, phishing or an attack on a network; (iv)
include or constitute anything inaccurate, harmful, obscene,
pornographic, defamatory, racist, or otherwise objectionable
to a reasonable User; or (v) violate any law, ordinance, or
regulation of any country, state or locality. YOU AGREE THAT
YOU, AND NOT THE HOSTS, ARE FULLY RESPONSIBLE FOR YOUR SUBMISSIONS
AND THAT YOU, AND NOT THE HOSTS, ARE LIABLE FOR ANY AND ALL
CLAIMS ARISING OUT OF THEM.
Source Code Submissions. You agree that any source code You
contribute to the Site, including without limitation to a
Project, will be submitted under, and subject to, the New
BSD License, which terms can be found at http://opensource.org/licenses/bsd-license.php,
or such other license as may be included with the Project
or otherwise specifically referenced on the Site. Notwithstanding
the previous sentence, for source code contributed to Host-led
Projects, You hereby grant to Hosts a royalty-free, perpetual,
irrevocable, worldwide, non-exclusive and fully sub-licensable
right and license under Your intellectual property rights
to reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, publicly perform, publicly display
and use such source code, and to incorporate or implement
it in other works in any form, media, or technology now known
or later developed, all subject to the obligation to retain
any copyright notices included in Your source code. In any
case, You acknowledge that You are responsible for including
all applicable copyright notices and licenses with Your Submissions,
and that You assume the risks of failing to do so, including
the potential loss of Your rights to Your Submissions.
Other Submissions. This Section 4.c applies to all Submissions
other than source code Submissions contributed to a Project
or otherwise uploaded to the Site. The Hosts do not claim
ownership of Your Submissions. However, in order to fulfill
the purposes of this Site, You must give the Hosts and all
Users the right to post, access, discuss, use, publish, disseminate
and refine Your Submissions. In legalese: You hereby grant
to the Hosts and all Users a royalty-free, perpetual, irrevocable,
worldwide, non-exclusive and fully sub-licensable right and
license under Your intellectual property rights to reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, perform, display and use Your Submissions
(in whole or part) and to incorporate or implement them in
other works in any form, media, or technology now known or
later developed, all subject to the obligation to retain any
copyright notices included in Your Submissions. All Users,
the Hosts, and their sub licensees are responsible for any
modifications they make to the Submissions of others.
Private Access. With respect to access to a Project or other
Materials designated on the Site as "Private," the
preceding license is limited to Users who have access to such
Project or other Materials (including Hosts), and You may
sublicense such rights only to other Users with authorized
access to such Project or other Materials.
Moral Rights. You agree that with respect to any "moral"
or equivalent rights (including, without limitation, rights
of attribution, integrity, disclosure, and withdrawal) You
hereby: (i) assign such rights to Hosts, (ii) waive such rights
and (iii) agree never to assert such rights or to institute
or maintain any action against Hosts or Users relative to
any such rights in Your Submissions. To the extent that such
rights cannot be assigned or waived by operation of law, You
grant to Hosts, a royalty-free, perpetual, irrevocable and
worldwide license to fully exercise all such rights akin to
ownership, with rights to sublicense through multiple levels
of sub licensees and You further consent to Host's use sufficient
to allow Hosts to exercise the rights granted herein.
Projects May Have Other Contributor Agreements. Some Projects
or other Materials are governed by their own terms regarding
Submissions and may require You to sign an agreement (such
as a Contributor Agreement) assigning and/or licensing Your
rights in Your Submissions.
Privacy. You consent to the collection, processing and storage
by the Hosts of any personal information provided by You in
incorporated into these Terms by reference. You agree to comply
with all applicable laws and regulations, and the terms of
You of any personal information in connection with this Site.
Notwithstanding anything to the contrary, if You choose to
participate in an open source or community source process
on this Site - whether by contributing code, participating
in mailing lists, signing a contributor agreement or sending
an e-mail - Your participation is public and Your privacy
cannot be protected to the extent that You provide personal
information such as Your e-mail address, username or full
name. To the extent that You contribute code, information,
articles or other material to this Site containing personal
information, the Hosts cannot protect the privacy of such
personal information and such material may be provided to
others under the Terms, contributor agreement and/or applicable
Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR
SOLE RISK. THE SITE, INCLUDING ALL MATERIALS FOUND ON IT,
IS PROVIDED ON AN "AS IS," "AS AVAILABLE"
AND "WITH ALL FAULTS" BASIS. THE HOSTS DISCLAIM
ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES
OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. THE HOSTS MAKE NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS
QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE
SITE. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR
THE USE OF THIS SITE OR ANY MATERIALS ON IT.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY
LAW, THE HOSTS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL,
USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC
ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR
MATERIALS, EVEN IF THE HOSTS HAVE PREVIOUSLY BEEN ADVISED
OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF
SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT
OR IN TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE). TO
THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION
OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP
OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE
AND WILL NOT MAKE A CLAIM AGAINST HOSTS FOR LOST DATA, SERVICE
INTERRUPTIONS, SYSTEM FAILURES, INACCURATE OUTPUT, WORK DELAYS
OR LOST PROFITS IN CONNECTION WITH THE SITE OR MATERIALS.
YOU AGREE TO HOLD HOSTS HARMLESS FROM, AND YOU COVENANT NOT
TO SUE HOSTS, FOR ANY CLAIMS IN CONNECTION WITH THE SITE OR
ANY MATERIALS, INCLUDING THIRD PARTY MATERIALS AND SUBMISSIONS.
Indemnity. You will indemnify and hold harmless Mattson,
its parents, subsidiaries, affiliates, customers, vendors,
officers and employees from any liability, damage or cost
(including reasonable attorneys fees and costs) from (i) any
claim or demand made by any third party due to or arising
out of your Use of the Site, violation of the Terms by you,
or the infringement by you, or any third party using your
account, of any intellectual property or other right of any
person or entity.
Links. The Site may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because
Mattson has no control over such sites and resources, you
acknowledge and agree that Mattson is not responsible for
the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any
content, advertising, products or other materials on or available
from such sites or resources. You further acknowledge and
agree that Mattson shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any
such site or resource.
Trademarks. All logos and trademarks contained on this Site
are and remain the property of their respective owners. No
licenses or other rights in or to such logos and/or trademarks
are granted to You by these Terms.
Changes to Terms. Hosts reserve the right to change or update
these Terms or to modify any features of the Site at any time,
so Hosts encourage You to review the Terms periodically before
using the Site or Materials. The most current version of the
of any page on the Site. By continuing to Use the Site or
Materials after the posting of any changes to the Terms, You
agree to be bound by such changes. You are also required to
comply with all applicable laws in connection with Your access
to and Use of the Site and Materials, and such further limitations
as may be set forth in any subsequent notice from Hosts. As
a condition of Your access and Use of the Site and Materials,
you warrant that You will not use the Site or Materials for
any purpose that is unlawful or prohibited by the Terms.
Export Compliance. Materials and Submissions may be subject
to U.S. export controls or the trade laws of other countries.
You agree to comply with all such laws and to obtain such
licenses as may be required. Materials and Submissions containing
encryption software, technology and/or technical assistance
involving encryption (collectively "Encryption Technology
") may be subject to U.S. Export restrictions. You agree
not to submit any Encryption Technology to this Site. You
warrant that you are not identified on the most current U.S.
export exclusion lists or located in or a national of countries
that are prohibited from participating in this Site by reason
of U.S. embargo or other trade prohibitions as specified in
the U.S. export laws, including but not limited to the Commerce
Department's Export Administration Regulations (EAR) and the
Treasury Department's Office of Foreign Asset Control regulations.
You agree not to use the Site, Materials or Submissions for
nuclear, missile, chemical, or biological weaponry end uses.
Governing Law. These Terms are governed by the laws of the
State of California and applicable U.S. Federal law without
regard to choice of law rules or the United Nations Convention
on the International Sale of Goods. With respect to any disputes
relating to these Terms, You agree to submit to the personal
jurisdiction of the U.S. District Court for the Northern District
of California, and the state courts of the State of California
for the County of Alameda.
General. These Terms constitute the entire agreement between
You and the Hosts regarding their subject matter, and supersede
any prior versions. No modification to the Terms will be binding,
unless authorized by the Hosts in writing or as provided in
Section 5.d above. Any express waiver or failure to exercise
any right under the Terms will not create a continuing waiver
or any expectation of non-enforcement. If any provision of
the Terms is held invalid by any competent court, governmental
entity or arbitrator, such provision will be replaced with
an enforceable provision that accomplishes the original business
purpose, and the other provisions of the Terms will remain
in full force and effect. Paragraph headings and captions
are for convenience only and are not be to be considered in
determining the meaning or effect of these Terms. Rights and
obligations under these Terms other than provisions that authorize
You to Use or access the Site or Materials will remain in
effect after termination or expiration of this agreement between
us. You agree that no joint venture, partnership, employment,
or agency relationship exists between You and Hosts as a result
of these Terms or Your access to or Use of the Site and Materials.
The Terms are not assignable, transferable or sub licensable
by you except with Mattson's prior written consent. Mattson
may transfer, assign or delegate the Terms and its rights
and obligations without consent.