AGREEMENT RELATING TO THE
TERMS OF USE FOR DATA PROVIDED

This GALLIUM SEMICONDUCTOR SINGAPORE PTE LTD’S – “Terms of Use for Data Provided” (the "Agreement") must be read in its entirety before accepting it. Please note that by using our data, designs and/or accompanying written materials provided on our 
website and/or data obtained directly from us (“DATA”) you agree to this Agreement. The use of the DATA is subject to the terms and conditions as set out in this Agreement.

AGREEMENT WITH GALLIUM SEMICONDUCTORS FOR USE OF DATA PROVIDED BY GALLIUM
You (either as an individual or as an authorized representative of your employer) and Gallium Semiconductor Singapore Pte Ltd, Inc. ("GALLIUM") are parties to this legal agreement. You have a right to use the DATA. You agree to be bound by the terms of this Agreement in exchange for GALLIUM allowing you access to the DATA. Do not download the DATA if you do not agree to all of the terms of 
this Agreement. You should delete all copies of the DATA you possess or control if you change your mind later. You will continue to be governed by this Agreement as long as you do not destroy copies of the DATA you have already distributed, where permitted. If you have previously used the DATA, this Agreement will also apply to that usage.

GRANT OF A PERMISSION TO USE THE DATA (“LICENSE”)
You are granted a non-exclusive, non-transferable right by GALLIUM to (1) reproduce the DATA, (2) distribute the DATA, and (3) sublicense the Right to Use this DATA to others. Only machine-readable objects are provided to you with the DATA. Only these object forms are eligible to be accessed by you. You are not permitted to reverse engineer, decompile, or disassemble the DATA or at all. Sublicensees must also be prohibited from doing the same. You may be subject to immediate termination of this Agreement if you violate any of the terms or restrictions of it. In such instances, it is your responsibility to stop using and delete any copies of the DATA in your possession or control.

COPYRIGHT
The DATA is not sold to you; it is licensed to you. The DATA is owned by GALLIUM, and it is protected by Singapore copyright laws and/or international treaty obligations. As a result, you must handle the DATA as if it were any other copyrighted item (example: a book and/or musical recording). You are not permitted to use or copy the DATA for any purpose other than those set forth in this Agreement. 
GALLIUM does not grant you any express or implied rights under any GALLIUM or third-party patents, copyrights, trademarks, or trade secrets unless clearly stated below. Furthermore, any copyright or other proprietary rights notices found on or embedded in the DATA must be reproduced and applied to any copies or derivative works made of it, in whole or in part, if any?

SUPPORT
GALLIUM is not bound to offer any support, upgrades, or product updates. You may contact GALLIUM to report problems or make comments about the DATA if you like. GALLIUM is under no duty to reply to such a problem report or recommendation in any way. GALLIUM reserves the right to make changes to the DATA at any time and is under no obligation to notify you or provide you with updated DATA applications.

NO GUARANTEE
GALLIUM expressly disclaims any warranty for the DATA to the maximum extent allowed by law. the DATA is provided "as is," without warranty of any kind, express or implied, including, but not limited to, merchantability, fitness for a particular purpose, or non-infringement. You assume all risks involved in the use or functionality of the system, as well as any systems you design using the DATA (if any). GALLIUM makes no warranty or representation that the DATA or any derivative work developed with or incorporating the DATA will not infringe on third party intellectual property.

INDEMNITY
You agree to fully defend and indemnify GALLIUM against any and all claims, liabilities, and costs (including reasonable lawyer's fees) arising from (1) your use of the DATA (including your sublicensee's use, if permitted) or (2) your breach of this Agreement's terms and conditions.

LIABILITY LIMITATION
GALLIUM will not be liable for any incidental, special, indirect, consequential, or punitive damages, whether in contract, tort, or otherwise, including, but not limited to, damages for loss of use, loss of time, inconvenience, commercial loss, or lost profits, savings, or revenues to the full extent.

EXPORT RESTRICTIONS & COMPLIANCE WITH LAWS
You must use the DATA in accordance with all relevant local rules, regulations, and statutes in the Republic of Singapore and/or such other countries you may operate in (as the case may be). You agree that neither you nor your licensees (if any) plan to or will export or transfer the DATA to any nation in violation of Singapore and/or (such other countries that you may operate in), export regulations, 
whether directly or indirectly.

ACTIVITIES WITH HIGH RISK
You acknowledge that the DATA is not fault tolerant and that GALLIUM has not designed, manufactured, or intended for incorporation into products intended for use or resale in on-line control equipment in hazardous, dangerous to life, or potentially life-threatening environments requiring fail-safe performance, such as nuclear power plants, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems. You hereby represent and warrant that you will not use the DATA, or any derivative work thereof, for High-Risk Activities.

CHOICE OF LAW & JURISDICTION
You agree that all matters relating to this Agreement, or the DATA will be governed by the laws of the Republic of Singapore, without regard to conflict of laws principles, and that any litigation will be subject to the exclusive jurisdiction of the courts in the Republic of Singapore.

LIMITATION
You agree that, regardless of any legislation or law to the contrary, any claim or cause of action arising out of or connected to this Agreement, or the DATA must be brought within six (6) months of the day it originated, otherwise it will be permanently time barred.

PROHIBITED USE OF GALLIUM’S TRADEMARKS, LOGOS
GALLIUM trademarks, brand names, and logos are not permitted to be used.

 

ENTIRE CONTRACT

This Agreement supersedes any earlier discussions, talks, understandings, agreements, or statements, whether written or oral, between you and GALLIUM regarding the subject matter of this Agreement. This Agreement can only be changed in writing, signed by both you and GALLIUM.

SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable for any reason, the remaining provisions will be unaffected, and unless a modification or replacement of the invalid or unenforceable provision is found to deprive you or GALLIUM of a material benefit, in which case the Agreement will immediately terminate, the invalid or unenforceable provision will be replaced with a valid and enforceable provision that comes closest to the intention underlying the invalid or unenforceable provision.

WAIVER
GALLIUM's waiver of any breach of this Agreement's provisions will not operate or be regarded as a waiver of any other or subsequent breaches of the same or different provisions.