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PLEASE READ THESE TERMS OF USE CAREFULLY.

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

TERMS OF USE

Effective Date: January 1, 2006

Click here for a listing of material changes to this Agreement and their effective dates.

1. Parties. The parties to this Agreement are you, and the owner and operator of this web site: CodeSourcery, Inc. ("CodeSourcery"). All references to "we", "us", "this web site" or "this site" shall be construed to mean CodeSourcery.

2. Modification of Agreement. We reserve the right to modify this Agreement at any time, and without prior notice, by posting an amended Agreement that is always accessible through the "Terms of Use" link on this site's home page. Your continued use of this site indicates your acceptance of the amended Agreement. You should check this Agreement through this link periodically for modifications by clicking on the link provided near the top of the Agreement for a listing of material changes and their effective dates.

3. License. CodeSourcery grants you a limited non-exclusive, non-transferable, and revocable license to access and use the public areas of this site, only for your use in evaluating CodeSourcery's products and services and not for purposes of resale, except as may be provided in any separate written agreement signed by the parties or separate agreement originating with this site; provided, however, that you do not modify this site, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these Terms of Use. Unauthorized use of this site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

4. Restrictions. Except as expressly authorized herein or in any separate written agreement signed by the parties or separate agreement originating from this site, you may not copy, modify, distribute, download, display, transfer, post, or transmit this site or its content in any form without CodeSourcery's prior written permission.

5. Prohibited Activities. The following activities are also expressly prohibited without CodeSourcery's prior written permission: use of any robot, spider, other automatic device, or manual process to monitor or copy this site or any of its content; "mirroring" this site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on this site or otherwise interferes with its functioning.

6. Posting To This Site. We will not treat information that you post to areas of this site that are viewable by others (for example, to a forum or chat-room) as confidential or proprietary. By posting information to this site, you agree that we may use that information without restriction. You may not post any infringing, threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. We have no obligation to monitor posts to this site; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate.

7. Account Registration Data. Registration is required for you to establish an account at this site. You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form ("Registration Data"), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.

8. Your Account. You are responsible for maintaining the confidentiality of your login, password, and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify CodeSourcery of any unauthorized use of your password or account or any other breach of security. CodeSourcery cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

9. Termination of Your Account. You agree that CodeSourcery may, with or without cause, immediately terminate your CodeSourcery account and access to the account services without prior notice. Without limiting the foregoing, the following will lead to a termination by CodeSourcery of your account: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your account includes (a) removal of access to all offerings available to account holders, (b) deletion of your password and all related information, files and content associated with or inside your account, and (c) barring further use of the account. Further, you agree that all terminations shall be made in CodeSourcery's sole discretion and that CodeSourcery shall not be liable to you or any third-party for any termination of your account or access to account services.

10. Price Quotes; Pricing. Any price quotations provided on this site shall be valid for the period stated. If no time period is stated, then the price charged for an order will be the price in effect the day CodeSourcery accepts the order. Item prices shall be identified on the on-line order form at the time of your order placement. CodeSourcery may change item prices at any time without notice. Prices do not include charges for shipping and handling, and applicable taxes.

11. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this web site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though this site's home page.

12. Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings nor, nor do we assume any legal obligation or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

13. ECPA Notice. This web site treats email messages and other communications through this site (except for email messages posted to areas of this site that are viewable by others) as private. Exceptions are those permitted by law, included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). The ECPA permits our limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This site is not considered a "secure communications medium" under the ECPA.

14. USA Patriot Act Notice. The U.S. federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.

15. Separate Agreements. You may acquire products, services and/or content from this site, and your purchase and use of such products, services and/or content will be governed by these Terms of Use and/or by any separate written agreement signed by the parties and/or separate agreement originating from this site.

16. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of this site is owned by CodeSourcery or others. Except for the limited rights granted above, all other rights are reserved. All trademarks are the property of their respective owners.

17. Copyright Infringement; The Digital Millennium Copyright Act Notice. This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

    Notification of Claimed Infringement
    CodeSourcery, Inc.
    9978 Granite Point Court
    Granite Bay, CA, 95746
    Agent's Name: Mark Mitchell
    Email Address: dmca-notice@codesourcery.com
    Telephone:650-331-3385
    Facsimile:650-331-3385
    

    You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

    In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

18. Accuracy of Information and Disclaimer of Warranty. CodeSourcery has made every effort to present the content on this site accurately, but additions, deletions and changes may occur. Except as may be provided in any separate agreements originating from this site, products, services, and/or content on this site is provided "as is", and neither CodeSourcery nor its representatives make any representation or warranty with respect to such products, services, and/or content. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, CODESOURCERY AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

19. Limitation of Liability. Under no circumstances will CodeSourcery or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this site or its content, even if they have been advised of the possibility of such damages. You access and use this site at your own risk.

20. Links to Third Party Web Sites. CodeSourcery does not review or control third party Web sites that link to or from this site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites' terms of use.

21. Participation In Promotions Of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site ("Advertisers"). Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each Advertiser.

22. Consumer Rights Information; California Civil Code Section 1789.3. Pricing information is posted as part of the ordering page(s) for this site. CodeSourcery maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to CodeSourcery's agent for notice at the following address:

    Notification of Consumer Rights Complaint or Pricing Inquiry:

    CodeSourcery, Inc.
    9978 Granite Point Court
    
    Granite Bay, CA, 95746
    Contact: consumer-question@codesourcery.com
    Telephone:650-331-3385
    Facsimile:650-331-3385
    

    You may contact CodeSourcery with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

    The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

23. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Granite Bay, California, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of California, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

24. Jurisdiction And Venue. The courts of Placer County in the State of California, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.

25. Controlling Law. This Agreement shall be construed under the laws of the State of California, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

26. Users Outside the United States. This site is controlled and operated by CodeSourcery from its offices within the United States. CodeSourcery does not represent that this site is appropriate or available for use elsewhere; access to this site from locations where its contents are illegal is not authorized. If you access this site from outside the United States, you do so on your own initiative and at your own risk.

27. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

28. Privacy. Please review this site's Privacy Policy which also governs your visit to this site.

Modifications

CodeSourcery has made no modifications to its Terms of Use at this time.