Terms of Use

Please read these Terms of Use carefully before using this web site. If you do not agree to these Terms, then please do not use this site.

Carbon Design Systems, Inc. ("Carbon") provides this web site and other Carbon web sites that are linked to this site or affiliated with this site (collectively "the Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content”) to you, subject to these Terms of Use. This Site is intended for the lawful use of Carbon's customers, employees and members of the general public who are 18 or older. You acknowledge that Carbon reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

The Terms of Use may be updated by Carbon from time to time without notice to you. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current web site Terms of Use to which you are bound. You acknowledge you have read and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, please do not use the site.

Access to Models

Subject to these Terms of Use and any other agreements between you and Carbon and you and Carbon’s Partners, you may download Models supplied by Carbon and its Partners. A Model is any software executable, software library, RTL, documentation, configuration data, configuration tools or software source code. You must register on the Site to be able to download any Models. All information provided by you to Carbon will be subject to Carbon’s Privacy Policy. Although Carbon provides certain security in an effort to protect the electronic transmission of certain identifying personal and business information ("Business Information") that you submit to Carbon through the Site, Carbon does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site. You are entirely responsible for maintaining the confidentiality of your account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Carbon immediately of any unauthorized use of your account or any other breach of security here. Carbon will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by Carbon or another party due to someone else using your account. You may not use anyone else's account at any time, without the permission of the account holder.

The Models made available for download are solely for use by end users according to their respective agreements with Carbon and Carbon’s Partners as applicable and may require you to obtain an additional license from Carbon and/or Carbon’s Partners prior to download and use. Any reproduction or redistribution of the Models not in accordance with such agreements is expressly prohibited by law, and may result in severe civil and criminal penalties.

The existence of all licenses must be confirmed and requested through the process accompanying each Model within the Site. Some Models will not require that you have or obtain any additional licenses (“Unrestricted Models”). Unrestricted Models will be identified on the Site. YOU AGREE AND ACKNOWLEDGE THAT ALL UNRESTRICTED MODELS ARE DOWNLOADED AND USED AT YOUR OWN RISK AND ARE PROVIDED BY CARBON, ITS PARTNERS AND THEIR RESPECTIVE LICENSORS “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CARBON AND ITS PARTNERS AND THEIR RESPECTIVE LICENSORS DO NOT WARRANT THAT ANY UNRESTRICTED MODEL WILL BE ERROR OR BUG FREE OR WILL BE FIT FOR ANY PARTICULAR PURPOSE.

Some Models available on this Site are provided by Carbon’s Partners and have not been compiled or created with any Carbon product (“Partner Models”). Your operation and use of any Partner Model will be subject only to the agreement between you and Partner. You expressly acknowledge and agree that Carbon shall have no liability to you or any third party for any claim arising out of or in connection with your download and operation of any Partner Model. CARBON PROVIDES ACCESS TO ALL PARTNER MODELS ON AN “AS IS” BASIS. CARBON PROVIDES PARTNER MODELS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

Certain Models offered on the Site contain ARM or other Partner’s Technology and confidential information. If you make any unauthorized disclosure of this confidential information, ARM or Partner shall be entitled to take action against you under The Contracts Rights of Third Parties Act 1999 and any other applicable law in a foreign jurisdiction which affords such action. Any Models created using Carbon products that include ARM or Partner Technology are ARM or Partner derivative products and subject to the terms of your agreement with ARM or Partner.

WITHOUT LIMITING ANY OF THE FOREGOING, COPYING OR REPRODUCTION OF MODELS TO ANY UNAUTHORIZED SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT BETWEEN YOU AND CARBON OR BETWEEN YOU AND CARBON’S PARTNER, AS APPLICABLE. THE MODELS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF SUCH AGREEMENTS. EXCEPT AS WARRANTED IN SUCH AGREEMENTS, CARBON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MODELS, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CARBON DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY MODEL DOWNLOADED FROM THE SITE.

IN NO EVENT SHALL CARBON, ITS PARTNERS AND THEIR RESPECTIVE LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF MODELS, CONTENT OR ANY INFORMATION AVAILABLE FROM THE SITE.

ANY DOCUMENTS AND RELATED CONTENT PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED ON THE SITE. CARBON MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MODELS, DOCUMENTATION, PRODUCT(S) AND/OR OTHER PROGRAM(S) DESCRIBED AT ANY TIME.

Limited Rights in Content

The Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, "Rights"). In addition to the Rights of Carbon and its Partners in individual elements of the Content, Carbon owns a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or requesting Models, products or services from Carbon via the Site. This permission terminates automatically if you breach any of these Terms of Use. If pursuant to an authorization from Carbon, you download any Model from the Site, the Model, including all code, files, images, contained in or generated by the Model, and accompanying data, are deemed to be non-exclusively licensed to you by Carbon. Neither title nor intellectual property rights are transferred to you, but remain with Carbon and its Partners, as applicable. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using Models repeatedly for uses other than those expressly permitted may not be made without Carbon's prior express written consent.

Notice of U.S. Copyright Infringement

To file a copyright infringement notification with Carbon, send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the United States Digital Millennium Copyright Act (DMCA) for more information on these requirements):

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

iii. identification of the material that is claimed to be infringing or to be the subject of infringing activity which you are requesting be removed or access to which be disabled, and information reasonably sufficient to permit Carbon to locate the material. Please provide a URL to the material that is claimed to be infringing as that will allow Carbon to locate the content.

iv. Information reasonably sufficient to permit Carbon to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to Carbon’s designated agent as follows:

DMCA Complaints
Attn: Copyright Complaint Process — Office Location: W4-35M
Carbon Design Systems, Inc.
125 Nagog Park
Acton, MA 01720
USA
Email: copyright@carbondesignsystems.com
Fax: +1-978-264-9990

Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Trademarks and Service Marks

There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, Carbon is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Carbon's or any third party's intellectual property rights.

“CARBON” and the Stylized "C" Logo are trademarks and service marks of Carbon. All other product or service names are the property of their respective owners. All other names and designs may be trademarks of their respective owners.

No Carbon trademark or service mark may be used as a hyperlink without Carbon's prior written permission.

Submission of Information

Except for the Business Information or personally identifiable information relative to you, any information you send to Carbon through the Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you send, post or submit you hereby grant Carbon an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that Carbon is free to use any ideas, concepts, know-how or techniques that you send Carbon for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information, and you represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by Carbon will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You further agree to comply with all local laws, regulations and rules regarding online conduct and submission of acceptable Content.

Privacy

Carbon's collection and use of personally identifiable information about you is subject to our Privacy Statement. For more information, see our full privacy statement for this site by selecting the link at the bottom of the page. This site is intended for use by persons who are age 18 and older. Carbon does not seek to collect information about anyone under the age of 18.

Links to Third-Party Web Sites

This Site may provide links to other third-party web sites or resources. Carbon makes no representations whatsoever about any other web site which you may access through this Site. Because Carbon has no control over such sites and resources, you acknowledge and agree that Carbon is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Carbon makes no representation or warranty as to any third party content, products or services, and you agree that Carbon 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 third-party Content, products or services available on or through any such site or resource.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, CARBON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, CARBON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARBON SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

Limitation of Liability

CARBON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF CARBON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, CARBON'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Control Over Site

Carbon may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, including Models, in whole or in part, at any time without notice. You agree that Carbon shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content.

Termination

You agree that Carbon, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that Carbon believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or the terms, conditions, or rules of any agreement between you and Carbon or you and any Carbon Partner.

U.S. Export Controls

You shall not re-sell, export, re-export, or otherwise transmit any Model, software, product or other Content to any national or other entity of a country currently listed in Country Groups D:1 or E:1 of the U.S. Department of Commerce Export Regulations without approval of the US Department of Commerce, Bureau of Export Administration and in accordance with the US Export Administration Regulations (EAR).

General

You agree to indemnify and hold harmless Carbon, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights.

You agree that the Models, software and any other Content or product made available on this Site is provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights clause at 48 CFR 52.227-19, as applicable, or in successor provisions, as well as the limitations set forth herein.

These Terms of Use constitute the entire agreement between you and Carbon governing your use of the Site, superseding any prior agreements between you and Carbon relating to your use of this Site. You may also be subject to additional terms and conditions that may apply when you purchase products or services, or use or download Models and software. If any provision of these Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of Carbon to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the United States and the Commonwealth of Massachusetts, USA without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in the Commonwealth of Massachusetts, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.