1. INTRODUCTORY STATEMENT
2. PERMITTED USE OF THE WEB SITE AND MATERIALS
Marvell grants you permission to use the PlugComputer Site, including the content, visual interfaces, interactive features, information, graphics, design, compilation, software, services, and all other elements of the PlugComputer Site ("Materials") as set forth in these Terms, provided that and for so long as (i) you do not engage in any of the prohibited uses described in Section 6 below; (ii) you comply with the applicable license terms as indicated for specific Materials and (iii) you otherwise fully comply with these Terms.
3. PROPRIETARY RIGHTS; CREATIVE COMMONS LICENSE
3.1. Ownership and License.
As between the Parties, the PlugComputer Site, including the Materials, is owned by Marvell. The Materials are provided to you and other Users under the Creative Commons Attribution Share-Alike 3.0 License ("CC BY-SA"). Please visit http://creativecommons.org/licenses/by-sa/3.0/ to read the terms of CC BY-SA.
Within the Materials and pages of the PlugComputer Site, Marvell has included names, marks, brands, logos, designs, trade dress, and other designations Marvell uses in connection with its offerings and services (collectively, "Marvell Trademarks"). You may not alter or remove the Marvell Trademarks or display or use the Marvell Trademarks for any purposes without the prior written consent of a duly authorized representative of Marvell. Marvell reserves all of its rights in the Marvell Trademarks.
The PlugComputer Site may now or in the future permit the submission and posting or linking of text, software code, documentation, commentary or other content submitted by you and other Users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are not controlled by Marvell. Marvell makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions. You understand that whether or not such User Submissions are published, User Submissions are not confidential and are intended for public use.
4.2. Creative Commons License.
You hereby grant and agree to grant Marvell and all Users the rights set forth in the CC BY-SA license to your User Submissions.
4.3. Prohibited Submissions.
You will not publish, post, submit, transmit through or otherwise make available to the PlugComputer Site: (i) any falsehoods or misrepresentations that could damage Marvell or any third party; (ii) any material which infringes, violates, or misappropriates any third-party intellectual property right; (iii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) advertisements or solicitations of business, products, or services; or (v) any material that would be harmful to minors in any manner. You understand and agree that Marvell may rely on your representation that your User Submissions comply with the foregoing. You, not Marvell, shall be responsible for your User Submissions and the consequences of posting or publishing them.
5. THIRD PARTY CONTENT
You understand that when using the PlugComputer Site you will be exposed to User Submissions and other content originated by third parties (together, "Third Party Content") from a variety of sources, and that you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or otherwise objectionable. Marvell does not endorse any Third Party Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Marvell be liable in any way for or in connection with the Third Party Content, including, but not limited to, for any inaccuracies, errors or omissions in any Third Party Content, any intellectual property infringement with regard to any Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, emailed or otherwise displayed or transmitted through the PlugComputer Site.
Marvell does not control the Third Party Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Third Party Content for any purpose. If at any time, Marvell chooses, in its discretion, to monitor the Third Party Content, Marvell nonetheless assumes no responsibility for the Third Party Content, no obligation to modify or remove any inappropriate Third Party Content, and no responsibility for the conduct of the User submitting any such Third Party Content. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Third Party Content, including any reliance on the accuracy, completeness, usefulness, or legality of such User Submission or other Third Party Content.
Marvell and its designees shall have the right (but not the obligation) to refuse to post or to remove any Third Party Content that is available on the PlugComputer Site in whole or in part, at any time, at its reasonable discretion, with or without notice and with no liability of any kind. If you believe in good faith, based on reasonable evidence, that a User Submission or any other Third Party Content infringes your intellectual property rights or otherwise invades or violates your rights, you may contact Marvell at
6. PROHIBITED USES OF THE PLUGCOMPUTER SITE
6.1. As a condition of your use of the PlugComputer Site, you hereby represent and warrant that you will not use the PlugComputer Site for any purpose that is unlawful or prohibited (including without limitation, the prohibitions in this Section 6) by these Terms.
6.2. You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the PlugComputer Site, or collect, or attempt to collect, personal information about Users or third parties without their consent.
6.3. You agree not to intentionally interfere with or damage, impair or disable the operation of the PlugComputer Site or any User's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
6.4. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the PlugComputer Site or features that enforce limitations on the use of the PlugComputer Site.
6.5. You agree not to attempt to gain unauthorized access to the PlugComputer Site, or any part of it, other accounts, computer systems or networks connected to the PlugComputer Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the PlugComputer Site or any activities conducted through the PlugComputer Site.
6.6. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the PlugComputer Site. You agree neither to modify the PlugComputer Site, nor to use modified versions of the PlugComputer Site, including (without limitation) for the purpose of obtaining unauthorized access to the PlugComputer Site.
6.7. You agree that you will not use any robot, spider, scraper, or other automated means to access the PlugComputer Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the PlugComputer Site.
6.8. You agree not to utilize framing techniques to enclose any trademark, logo, or other Marvell Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing Marvell Trademarks without our express written consent.
6.9. You agree not to deep-link to the PlugComputer Site and will promptly remove any links that Marvell finds objectionable in its reasonable discretion. You agree not to use any Marvell logos, graphics, or trademarks as part of the link without our express written consent.
6.10. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the PlugComputer Site. This includes, but is not limited to, unsolicited advertising,
promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
6.11. You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
In order to access and/or use some features of the PlugComputer Site, you will have to register by using OpenID or, if applicable, by creating a user id and password, or through another identification technology that may become available. Marvell may use and/or disclose any identification information (including without limitation the foregoing and your IP address(es)) to the extent required to do
so by law or in a good faith belief that such use or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) provide certain customized features of the PlugComputer Site to you, if any, or respond if you contact Marvell for any reason; or (d) protect the rights of the Users, the public, and Marvell. You acknowledge your responsibility for activities that occur under your identification.
8.1. Marvell. You agree that Marvell, in its reasonable discretion, may terminate any account (or any part thereof) you may have through the PlugComputer Site or your use of the PlugComputer Site, and remove and discard all or any part of your account or any User Submission, at any time, and you agree that Marvell shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies Marvell may have at law or in equity. Without limiting the generality of the foregoing, the permission to use the PlugComputer Site and Materials shall be deemed automatically revoked by Marvell without notice if you breach any of these Terms, including without limitation Sections 4.3 and 6. Except for the permission granted to you in Section 2 above, these Terms will survive and remain enforceable against you following the revocation of such permission.
8.2. User. If you are dissatisfied with the PlugComputer Site, please let us know at
8.3. User Disagreements. You are solely responsible for your involvement with other Users of the PlugComputer Site. Marvell reserves the right, but has no obligation, to monitor disagreements between you and other Users. MARVELL DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.
9. DISCLAIMER OF WARRANTIES
9.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PLUGCOMPUTER SITE AND MATERIALS IS AT YOUR SOLE RISK. THE PLUGCOMPUTER SITE AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MARVELL DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MARVELL MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS. IN NO EVENT WILL MARVELL OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE MATERIALS.
9.2. MARVELL MAKES NO WARRANTY THAT: (i) THE PLUGCOMPUTER SITE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE PLUGCOMPUTER SITE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE PLUGCOMPUTER SITE AND MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER ITEMS OBTAINED BY YOU THROUGH THE PLUGCOMPUTER SITE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE FUNCTIONALITY OF THE PLUGCOMPUTER SITE OR MATERIALS WILL BE CORRECTED.
9.3. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE PLUGCOMPUTER SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEMS) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARVELL OR THROUGH THE PLUGCOMPUTER SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
9.5. Marvell may make changes to or discontinue any of the media, web communities, products, or services available within the PlugComputer Site at any time, and without notice. The media, products, or services on the PlugComputer Site may be out of date, and Marvell makes no commitment to update these materials on the PlugComputer Site.
10. LIMITATION OF LIABILITY
10.1. YOU AGREE THAT MARVELL AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLUGCOMPUTER SITE AND/OR MATERIALS OR MAKE USER SUBMISSIONS TO MARVELL THROUGH THE PLUGCOMPUTER SITE.
10.2. YOUR DEALINGS WITH OTHER ENTITIES PROMOTED ON OR THROUGH THE PLUGCOMPUTER SITE, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS ARE SOLELY BETWEEN YOU AND SUCH OTHER ENTITY. YOU AGREE THAT MARVELL SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS. THE PLUGCOMPUTER SITE MAY PROVIDE LINKS TO OTHER INTERNET SITES OR RESOURCES. MARVELL HAS NO CONTROL OVER OR RESPONSIBILITY FOR SUCH SITES AND RESOURCES. YOU AGREE THAT MARVELL IS NOT RESPONSIBLE FOR THE AVAILABILTY OF SUCH SITES AND RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER INFORMATION ON OR AVAILABLE FROM SUCH SITES AND RESOURCES. MARVELL PROVIDES THESE LINKS TO YOU SOLELY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE.
10.3. YOU, UNDERSTAND AND EXPRESSLY AGREE THAT MARVELL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY USER SUBMISSIONS AND THAT YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY USER SUBMISSIONS THAT YOU SUBMIT THROUGH THE PLUGCOMPUTER SITE. MARVELL IS NOT RESPONSIBLE IF THE USER SUBMISSIONS YOU SUBMIT CONTAINS ERRORS OR OMISSIONS OR FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH USER SUBMISSIONS.
11. LIMITATIONS BY LAW; BASIS OF THE BARGAIN
11.1. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
11.2. YOU ACKNOWLEDGE AND AGREE THAT MARVELL HAS GRANTED ACCESS AND CERTAIN RIGHTS TO THE PLUGCOMPUTER SITE AND MATERIALS AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MARVELL AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MARVELL. YOU ACKNOWLEDGE AND AGREE THAT MARVELL WOULD NOT BE ABLE TO PROVIDE THE PLUGCOMPUTER SITE ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
13. MODIFICATION OF THE TERMS
Marvell reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without notice to you. All changes shall be effective immediately. In the event of a material change, we will notify you via e-mail according to your account preferences. Please check these Terms periodically for changes. Your continued use of the PlugComputer Site after the posting of changes constitutes your binding acceptance of such changes.
14. GENERAL TERMS
14.1. Marvell controls and operates this PlugComputer Site from its facilities in various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this PlugComputer Site from other locations, you are responsible for compliance with applicable local laws.
14.2. You acknowledge and agree that the Materials are subject to U.S. export control laws and regulations, and may be subject to export or import regulations in other countries. You agree that you will not export, reexport or transfer the Materials in violation of any applicable laws or regulations of the United States or the country where the Materials were legally obtained. You are solely responsible for obtaining any licenses or authorizations required to export, reexport, transfer or import the Materials. Without limiting the generality of the foregoing, in the absence of authorization by U.S. and local law and regulations, as required, the Materials may not be used or exported or reexported to (i) any U.S. sanctioned or embargoed country, or to nationals or residents of such countries; or (ii) any person, entity, organization or other party identified on the U.S. Department of Commerce's Denied Persons or Entity List, the U.S. Department of Treasury's Specially Designated Nationals or Blocked Persons List, or the Department of State's Debarred Parties List, as published and revised from time to time; or (iii) any party engaged in nuclear, chemical/biological weapons or missile proliferation activities.
14.3. These Terms constitute the entire agreement between you and Marvell with respect to your use of the PlugComputer Site and Materials, superseding any prior agreements between you and Marvell with respect thereto. These Terms and the relationship between you and Marvell shall be governed by the laws of the State of California without regard to its conflict of law provisions. In the event of any dispute between you and Marvell, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Santa Clara, California. The failure of Marvell to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event any provision of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired, and a valid, legal and enforceable provision of similar intent and effect shall be substituted for such invalid, illegal or unenforceable provision. You may not assign the Terms or any of your rights or obligations under the Terms without the express written consent of a duly authorized representative of Marvell. These Terms inure to the benefit of Marvell's successors, assigns and licensees. These Terms are written in the English language, and the governing language of these Terms shall be English. You hereby waive and agree not to assert any right to have these Terms written in the language of your place of residence. The exercise of any right or remedy provided in these Terms shall be without prejudice to the right to exercise any other right or remedy provided by law or equity, except as expressly limited by these Terms. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE PLUGCOMPUTER SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Updated: March 15, 2009