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Advantest Self Service Portal Terms of Service ("TOS")
Corporate User
"Advantest" shall include Advantest America Corporation its parent and subsidiaries, successors, licensors, suppliers, distributors and affiliates, and their employees, directors, shareholders, partners, principals, agents, representatives, and any third-party suppliers of information, data and materials furnished by or through ASSP.
By registering as a Corporate User of Advantest Self Service Portal ("ASSP") service, you are indicating that you have read, and understand, and agree to, these terms of service. You also confirm that you have read Advantest Self Service Portal ("ASSP") Privacy Policy and Legal Disclaimer
Services
ASSP is offered to customers of Advantest products and services. ASSP permits users and customers to receive on-line support services. Once you open a user account, you may submit service requests and other inquiries (Service Requests) which are logged and transmitted to Advantest personnel for an appropriate response. Responses may include but are not limited to the following: Device Interface Inquiry, E Catalog (browse parts), E Shop (buy parts), Case inquiry (Customer Support), Solutions Inquiry, Knowledge Base Inquiry and Discussion Forums. You may view and review all Service Requests and any responses in your on-line account
Registration and Account Obligations
In consideration of your use of ASSP, you agree: (a) that all information and any updates, modifications or revisions thereto (Data) about yourself and your employer as prompted by ASSP's registration form (Profile Data) or that you otherwise provide during or in connection with your use of ASSP (including without limitation technical information) (Service Data) is and will be true, accurate, current and complete, and (b) to maintain and promptly update the Profile Data to keep it true, accurate, current and complete. If you provide any Data or other information that is untrue, inaccurate, misleading, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, misleading, not current or incomplete, we reserve the right to immediately suspend or terminate your account and refuse any and all current or future use of ASSP by you and/or your employer.
In particular, if you change employers or employment, perform work for another company, change titles, duties or responsibilities, or move into another business group, unit or divisions with your current employer, and any such change in circumstances causes you to no longer be authorized to view, provide, receive or work with any of ASSP Data, you agree to immediately notify us of such change, re-register to open a new account for the benefit of your new employer or company that you are performing work for and not to access or attempt to access your account or ASSP Data for such account that was registered on behalf of a former employer or company for whom you performed work. If you remain authorized to view, provide, receive or work with any of ASSP Data despite one or more of the changes in circumstances described above, you agree that we may ask that you specify the change in circumstances and may (but have no obligation to do so) undertake to verify that you remain so authorized.
In any event, you agree not to provide to Advantest any confidential or proprietary information, trade secrets or other protected or protectable information or data that you do not have the right to disclose. You represent and warrant that you are authorized to provide and view, receive and access ASSP Data in each instance that you do so.
Upon proper notification by the Corporate Administrator and completing the registration process, you will immediately receive an Login ID and password for access to ASSP You are responsible for maintaining the confidentiality and security of your Login ID number and password, and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of the Account, your Login ID or password or any other breach of security, and to ensure that you log out from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations and any other unauthorized use of your Account.
You acknowledge and agree that Advantest reserves the right to (a) suspend, terminate or deactivate any accounts that are inactive for an extended period of time or have not responded to the ninety day update notifications, (b) terminate, block or prevent access to ASSP by any users or groups of users that are not legitimate users of ASSP and customers of Advantest, (c) Advantest may rely on the truth, accuracy and completeness of your Profile Data, and any revisions, modifications or updates thereof, and (d) independently verify and confirm the truth, accuracy and completeness of your Profile Data and/or Service Data, and any revisions, modifications or updates thereof, by contacting your employer and any third parties.
Privacy
The ASSP Privicy Policy governs the Profile Data and any other personally identifiable information and data that you provide during your use of ASSP.
ASSP Data will only be used by Advantest in connection with the technical and marketing support of you and your employer and will not be sold, disclosed, rented, exchanged or shared with any third parties. Except as provided herein, your Profile Data and Service Data, and Advantest's collection and maintenance thereof, will be subject to and governed by the ASSP Privacy Policy.
EUROPEAN AND OTHER FOREIGN USERS OF ASSP: Please note that ASSP collects and maintains certain personally identifiable information about you and your employer. By agreeing to this TOS and using ASSP, you hereby provide your consent for Advantest to use, disclose and transfer this information both within and outside of the European Union and your particular jurisdiction in accordance with the Privacy Policy and this TOS.
Intellectual Property Rights
The information, data, services, documentation and materials available from or through ASSP are owned by Advantest are protected by copyright and other intellectual property laws and treaties. Advantest reserve all rights therein. You may use such information, data, services, documentation and materials for you and your employer's informational, educational and other non-commercial purposes only or otherwise in connection with your permitted and licensed use of Advantest's goods and services. Except as specifically provided, you may not reproduce, publish, post, transmit, distribute or transfer any such information, data, services, documentation and materials. Nothing in your use of your Account or ASSP shall be deemed or construed to confer any license under any of Advantest's intellectual property rights, whether by estoppel, implication or otherwise. You acknowledge sole responsibility for obtaining such licenses.
All comments, inputs, suggestions and feedback (Submissions) regarding or relating to any of Advantest's products or services, including ASSP, submitted by or through ASSP shall be considered non-confidential and Advantest's property. By providing such Submissions, to agree to assign to Advantest, at no charge, all world-wide rights, title and interest in copyrights and other intellectual property rights in and to the Submissions. Advantest shall be free to use and disseminate such Submissions on an unrestricted basis for any purpose.
Computer error can occasionally cause confidential information to be either mistakenly or inadvertently made viewable. However, if you are not the intended recipient, please do not read, distribute, or take action in reliance of this information. If you have received confidential information in error, please notify us immediately at Legal and promptly delete the message and its attachments, if any, from your computer system. We do not waive our right or the rights of our customers under applicable privacy laws.
Compliance With Laws
Unless otherwise explicitly stated, all information, data and materials obtained from or through ASSP are solely directed to individuals, companies or entities located in the United States of America or who are otherwise legally permitted to receive such information, data and materials. You agree that all such information, data and materials are subject to the US Export Administration laws and regulations. Diversion of such information, data and materials contrary to US law is prohibited. You agree that such information, data and materials, or the direct product therefrom, is not and will not be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals. Proscribed countries are set forth in the US Export Administration regulations. Embargoed countries are: Cuba, Iran, Iraq, Libya, North Korea, Syria and the Sudan. This list is subject to change without further notice from Advantest, and you must comply with the list as it exists at the applicable time. You certify that you are not on the US Department of Commerce's Denied Persons List or affiliated with or on the US Department of Treasury's Specially Designated Nationals List. If you use ASSP from any non-US location, you agree to comply with all local rules regarding your use of ASSP. You agree to comply with all applicable laws regarding the export or re-export of technical data from the United States or the country in which you reside. Advantest shall not be liable for your failure to comply with such applicable laws.
Disclaimers; NO REPRESENTATIONS OR WARRANTIES
ASSP IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION, GUARANTY OR WARRANTY OF ANY KIND INCLUDING REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE OR OWNERSHIP, FITNESS FOR ANY PARTICULAR PURPOSE, OF ANY RESULTS OR OF QUALITY, SUITABILITY, ADEQUACY, GENUINENESS, ACCURACY OR COMPLETENESS OF ASSP OR ANY PORTION THEREOF.
Advantest makes no commitment to provide a response to Service Requests within any timeframe. You understand and agree that Advantest assumes no responsibility for the timeliness, deletion, non-delivery of or failure to store any Service Requests, responses thereto or other user or customer communications. You further understand and agree that Advantest will not be responsible or liable to you, your employer or any third party for any Service Data that you provide or submit.
WITHOUT LIMITING THE ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF ASSP IS AT YOUR SOLE RISK. ASSP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADVANTEST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTIES OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
2. ADVANTEST MAKES NO REPRESENTATION, GUARANTY OR WARRANTY THAT (a) ASSP WILL MEET YOUR REQUIREMENTS, (b) ASSP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESPONSES OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF ASSP WILL BE COMPLETE, ACCURATE OR RELIABLE, AND (d) THE QUALITY OF SERVICES, RESPONSES, INFORMATION, AND OTHER MATERIAL OBTAINED BY YOU THROUGH ASSP WILL MEET YOUR EXPECTATIONS.
3. ANY SERVICES, RESPONSES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE USE OF ASSP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SOFTWARE, FILES, DESIGNS, COMPUTER HARDWARE, TECHNICAL AND OTHER SYSTEMS OR LOSS OF OR DAMAGE TO DATA, SOFTWARE OR GOODS THAT RESULTS FROM THE USE OF ANY SUCH INFORMATION AND MATERIAL.
4. NO ADVICE, RESPONSE OR OTHER COMMUNICATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADVANTEST THROUGH OR FROM ASSP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
5. NO WARRANTIES, REPRESENTATIONS OR GUARANTIES ARE MADE THAT THE ADVICE, INFORMATION, DATA OR MATERIALS FURNISHED BY OR THROUGH ASSP WILL BE ERROR-FREE
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADVANTEST BE LIABLE FOR, AND YOU AGREE NOT TO MAKE A CLAIM AGAINST ADVANTEST FOR, ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS OR REVENUE OR OTHER ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, GOODWILL, LOSS OF INFORMATION OR DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES), WHETHER AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF ADVANTEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF (a) YOUR USE OF OR INABILITY TO USE ASSP, (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES REQUIRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH OR BY ASSP, (c) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR OF YOUR TRANSMISSIONS OR DATA, (d) YOUR RELIANCE UPON THE INFORMATION, DATA OR MATERIALS FURNISHED BY OR THROUGH ASSP, OR (e) ANY OTHER MATTER RELATING TO YOUR ACCOUNT OR ASSP. YOU HAVE THE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND EQUIPMENT.
Exclusions and Limitations
Because some jurisdictions prohibit the exclusion of certain warranties or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.
Indemnity
To the extent permitted by applicable law, you agree to indemnify and hold Advantest harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of ASSP or your violation of the TOS, except to the extent arising out of the sole active negligence or willful misconduct of Advantest.
Changes to Services
Advantest reserves the right at any time to change, modify, suspend or discontinue, temporarily or permanently, ASSP (or any part thereof) with or without notice. Advantest makes no commitment to continue ASSP in its existing or any future form. You agree that Advantest shall not be liable to you or to any third party for any change, modification, suspension or discontinuance of ASSP. Unless explicitly stated otherwise, any new features that augment, supplement, complement or enhance the current Service shall be subject to this TOS.
Changes to TOS
Due to changing technological and marketing demands and legal requirements, and changes to ASSP, we must reserve the right to change the TOS in the future. If that happens, we will endeavor to promptly update this TOS and may also attempt to provide a message to holders of Accounts whose e-mail addresses we have, in conformity with our Privacy Policy and this TOS, advising of any such change(s). Your continued use of ASSP following changes to this TOS will indicate that you accept the changes. For ease of your review of any changes, the following is a list of the date of all revisions to this TOS:
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Version 1.0 |
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March 4, 2003 |
Termination of Account and Service
You agree that Advantest, in its sole discretion and at any time, may terminate your password, account Login ID, Account or access to or use of ASSP (or any part thereof) for any reason whatsoever, including, without limitation, for lack of use or if Advantest believes that you have violated or acted inconsistently with the letter or spirit of the TOS or acted to the detriment of Advantest or its customers or any other holders of Service accounts. Advantest may also, in its sole discretion and at any time, discontinue providing ASSP, or any part thereof, with or without notice. You agree that any termination of ASSP or your access to ASSP under any provision of this TOS or otherwise may be effected without prior notice, and you acknowledge and agree that Advantest may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such information and files or ASSP. Further, you agree that Advantest shall not be liable to you or any third-party for any termination of your Account or use of or access to ASSP.
Your Right To Review And Modify Profile Data
You have certain obligations to maintain your Profile Data such that it remains true, accurate, current and complete. At any time, you may review and update your Profile Data. Your access to modules and elements can be modified only by permission of the Corporate Administrator. You will receive an e-mail or telephone response to the requested modification. Advantest may, but is under no obligation to, verify and confirm the truth, accuracy and completeness of your modification. Advantest may deny your requested modification and terminate your Account for any reason. If your request is denied, you may seek to open a new account.
Agreement to Privacy Policy and Legal Notices
By registering for ASSP, you are also confirming that you have read and understand ASSP Privacy Policy and Legal Disclaimer.
General
This TOS constitutes the entire agreement between you and Advantest and governs your use of the Account and ASSP, superceding any prior agreements between you and Advantest regarding the subject matter hereof. The TOS and the relationship between you and Advantest with respect to ASSP shall be governed by the laws of the State of California, and the United States of America, without regard to its conflict of law provisions. You and Advantest agree to submit to the exclusive personal jurisdiction and venue of the courts located with the State of California. The failure of Advantest to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS, or any portion thereof, 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 TOS remain in full force and effect.
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