End user agreement for eZ
USE OF SERVICE
The Network is a communications system provided by Sigma Design. The Network allows for the transfer of files over the Internet, however no files are stored on the Network's servers. The Network does not, and cannot, control what content is made available and transferred on the Network system. The Network users decide what content to make available and transfer on the Network system. USERS ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE FEDERAL AND STATE LAWS APPLICABLE TO SUCH CONTENT, INCLUDING COPYRIGHT LAWS.
As a condition to your use of the Network service you agree that you will not: (i) use the Network service in a manner that infringes U.S. laws in any way; (ii) use the Network browser or service, or attempt to penetrate, modify or manipulate the Network service or any of the hardware or software thereof for any reason, or modify, erase or damage any information contained on the computer of any user connected to the Network service; or (iii) reverse engineer any portion of the Network software or service.
USER SUBMISSIONS TO THE NETWORK
Sigma Design does not want to receive confidential or proprietary information from you through this service or otherwise. Please note that any information or material sent to Sigma Design over this service or otherwise will not be deemed to be confidential. By sending Sigma Design any information or material, you grant Sigma Design an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material or information and you also agree that Sigma Design shall for any purpose be free to use any concepts, ideas, know-how, or techniques that you sent to us.
If you elect to register to use the Network service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Network service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Sigma Design has reasonable grounds to suspect that such is the case, Sigma Design has the right to suspend or terminate your account and refuse any and all current or future use of the Network service (or any portion thereof).
SIGMA DESIGN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NETWORK SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED OR REFERENCED ON THIS SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NETWORK SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIGMA DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES OF NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SIGMA DESIGN WILL NOT BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE NETWORK SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAM OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF SIGMA DESIGN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Sigma Design Copyright Policy
The Network is a communications system provided by Sigma Design. The Network allows for the transfer of files over the Internet, however no files are stored on Sigma Design's servers. Sigma Design does not, and cannot, control what content is made available and transferred on the Network system. The Network users decide what content to make available and transfer on the Network system. Some files may have been encoded or made available without proper authorization. USERS ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE FEDERAL AND STATE LAWS APPLICABLE TO SUCH CONTENT, INCLUDING COPYRIGHT LAWS. SIGMA DESIGN RESPECTS COPYRIGHT LAW AND EXPECTS NETWORK USERS TO DO THE SAME. Unauthorized modification, copying, distribution, public performance or public display of copyrighted works is an infringement of copyright laws. AS A CONDITION TO OPENING AND MAINTAINING THE RIGHT TO HOLD AN ACCOUNT WITH THE NETWORK, YOU AGREE NOT TO USE THE NETWORK SERVICE TO INFRINGE COPYRIGHT LAWS OR THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS IN ANY WAY. Sigma Design will terminate the accounts of users who do not respect copyright laws or other intellectual property rights. Sigma Design reserves the right to terminate any user account with or without cause for any reason, including, without limitation, any single copyright infringement in connection with use of the Network service. As required by the Digital Millennium Copyright Act of 1998 (the "DMCA"), Sigma Design will attempt to respond expeditiously to all claims of copyright infringement that meet all of the requirements set forth below.
Our compliance with the DMCA may include, but is not limited to, blocking the transfer of allegedly infringing material and complying with other applicable laws. In order to protect content owners, users and ourselves from fraudulent notices, incorrect or ineffective claims of infringement, we will respond only to Notices (as defined below) that are substantially compliant with the requirements of the DMCA as set forth below.
1. Notices Must Be in Writing The DMCA requires that we obtain the information below in writing in the form of a "Notice of Copyright Infringement" ("Notice"). This means that we will respond only to Notices we receive in writing. Sigma Design will neither accept nor respond to verbal, telephonic, or other Notices that are not compliant with the DMCA's requirements.
2. Notices Must Include an Electronic or Physical Signature of a Person Authorized to Act on Behalf of the Owner of an Exclusive Right that is Allegedly Infringed
3. Contents of Notice At a minimum, the Notice must include the following information:
(i) Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered in the Notice, a representative list of the copyrighted works that you claim have been infringed using the Network service;
(ii) Identification of the file or activity that you claim is infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sigma Design to locate that file. Without this information, it may be impossible for Sigma Design to identify and block future transfers of the specific material at issue.
(iii) A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
(iv) Your street or mailing address, telephone number, and, if available, e-mail address where we may contact you; and
(v) A statement by you, made under penalty of perjury, that all the information in your Notice is accurate and that you are the copyright owner, or authorized to act on behalf of an owner of any exclusive right that is allegedly infringed by the materials referenced in your Notice. The notice must be signed with the electronic or physical signature of the copyright owner or of a person authorized to act on behalf of an owner of any exclusive right that is allegedly infringed by the materials referenced in your Notice.
4. Delivery of Notice
To be effective, a Notice must be addressed and delivered to Sigma Design, as follows:
654 Madison Avenue
New York, NY 10021
Voice: (318) 449-9900
Fax: (318) 449-9901
A summary of the Digital Millennium Copyright Act may be found on the U.S. Copyright Office web site at: http://lcweb.loc.gov/copyright/legislation/dmca.pdf.