Terms of Use

General

Aptina Imaging Corporation and its subsidiaries (collectively, "Aptina") websites are controlled and operated by Aptina from the offices of its U.S. subsidiary. By accessing any of these Aptina websites, you agree to be bound by these Terms of Use, all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use any of the Aptina websites. Any claim relating to Aptina's websites shall be governed by the laws of the State of California without regard to its conflict of law provisions. Aptina makes no representations or warranties that the materials contained on Aptina's websites are appropriate or available for use in all locations or territories, and access to such materials from locations or territories where their content is illegal is prohibited. Failure of Aptina to enforce any right(s) or provision(s) contained within these Terms of Use shall not constitute or be deemed to be a waiver of such right or provision nor prevent enforcement by Aptina of such right or provision thereafter.

Copyright Information and Trademark Guidelines

The materials contained on Aptina's websites are protected by applicable copyright laws and trademark laws. See Aptina's Copyright Information and Trademark Guidelines. Any unauthorized use of the materials appearing on Aptina's websites may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. Aptina vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.

Use License

Permission is granted to download one (1) copy of the materials on Aptina's websites for personal, non-commercial transitory viewing only. This is the grant of a limited and non-exclusive license, not a transfer of title, and under this license you may not:
(a) modify or further copy the materials;
(b) use the materials for any commercial purpose, or for any public display (commercial or noncommercial);
(c) attempt to decompile or reverse engineer any software contained on Aptina's websites;
(d) remove any copyright or other proprietary notices on the materials;
(e) transfer the materials to another person or "mirror" or "frame" the materials on any other website or server.
This license shall automatically terminate if you violate any of these Terms of Use and may be terminated by Aptina at any time and for any reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Note that certain materials and software made available for download on Aptina's websites are subject to their own specific terms and conditions, and those terms and conditions applicable to such materials and software shall govern the download and use of such materials and software.

DISCLAIMER OF WARRANTIES

THE MATERIALS ON APTINA'S WEBSITES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. APTINA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH MATERIALS AND APTINA DISCLAIMS AND NEGATES ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING SUCH MATERIALS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER VIOLATION OF RIGHTS. FURTHER, APTINA MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY WEBSITES LINKED TO OR FROM APTINA WEBSITES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL APTINA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFITS, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON APTINA'S WEBSITES, EVEN IF APTINA HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THESE LIMITATIONS MAY NOT APPLY TO YOU.

Revisions and Errata

The materials appearing on Aptina's websites could include technical, typographical, or photographic errors. Aptina does not represent or warrant that any of the materials on its websites are accurate, complete, or current. Aptina may make changes to the materials contained on its websites at any time without notice. Aptina does not, however, make any commitment to update such materials.

Modification of Terms of Use

Aptina may revise these Terms of Use for Aptina’s websites at any time without notice. By using any of the Aptina websites you are agreeing to be bound by the then current version of these Terms of Use.

Submitted Information

Any information, data, images, drawings, photographs, and/or other materials you transmit, submit or post (or which you transmitted, submitted or posted in the past) to any Aptina website will be considered non-confidential and non-proprietary ("Submitted Information"). Aptina will have no obligations with respect to the Submitted Information, and by transmitting, submitting or posting Submitted Information to any Aptina website you hereby grant to Aptina, and its subsidiaries and affiliates, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable license to disclose, distribute, display, perform, copy, reproduce, incorporate, prepare derivative works of, and/or otherwise use the Submitted Information for any and all commercial and non-commercial purposes, including without limitation in connection with the Aptina websites.
You may not and shall not transmit, submit or post anything to any Aptina website that is unlawful, threatening, pornographic, libelous, defamatory, infringing, or that would otherwise violate any law. Aptina does not endorse any Submitted Information or any opinion, recommendation, or advice expressed therein, and Aptina expressly disclaims any and all liability in connection with Submitted Information. You shall be solely responsible for your Submitted Information and the consequences of posting or publishing them. With respect to your Submitted Information, you represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to use and authorize Aptina to use all patent, copyright, trademark, trade secret, and/or other intellectual property or proprietary rights in and to any and all of your Submitted Information to enable inclusion and use of the Submitted Information in the manner contemplated by the Aptina websites and these Terms of Use. You agree to defend, indemnify and hold harmless Aptina, its subsidiaries and affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, actions, suits, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from or related to your Submitted Information, including without limitation in connection with any claim of infringement of any patent, copyright, trademark, trade secret, and/or other intellectual property or proprietary rights of any third party.

Exchange Services

Aptina is not obligated to, but may in its sole discretion at any time and without notice, monitor or review any areas or locations on or in any of the Aptina websites where users transmit, submit or post Submitted Information or communicate with others, including but not limited to chat rooms, bulletin boards, blogs, or any other user forums ("Exchange Services"), and any of the content of any such Submitted Information or Exchange Services. Without limiting the foregoing, Aptina may in its sole discretion at any time and without notice: (a) refuse to post or remove any or all such content; (b) terminate your access to and/or use of any or all of the Exchange Services (including termination due to repeat infringement of intellectual property laws); (c) modify or terminate any or all of the Exchange Services; and/or (d) disclose any such content or information as Aptina deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Aptina, however, will have no liability relating to any of the content of any such Submitted Information or Exchange Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Use of Personally Identifiable Information

Information submitted to Aptina through the forms located on the Aptina websites is governed by the Privacy Policy located at the relevant Aptina website.

Links

Aptina websites may contain links to third party websites. Such websites are maintained by other companies, individuals or agencies and links to these other websites are provided by Aptina strictly as a convenience to users of Aptina websites. These linked websites are not under the control of Aptina, and Aptina is not responsible for the accuracy of information on any such websites. The inclusion of any such link does not imply any endorsement by Aptina of the linked third party website. Aptina does not monitor or review the content of such third party websites and therefore any access to or use of any such linked third party website is at the user's sole and own risk. Aptina may terminate any link(s) on any of the Aptina websites at any time without notice.

All materials appearing anywhere on Aptina's websites are protected by worldwide copyright laws and treaty provisions. The copyright to such materials is held by Aptina, or by the respective third party owner of the materials. None of the materials may be copied, reproduced, displayed, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as expressly permitted herein or with Aptina's express prior written approval. All rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been posted to a Aptina website in a manner that constitutes copyright infringement, please provide Aptina's Copyright Agent with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider 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;
  5. 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; and
  6. 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.

Aptina's Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By mail:
Copyright Agent
c/o Aptina, LLC
3080 North 1st Street
San Jose, California 95134
By phone:
(408) 660-2699
By fax:
(408) 660-2674
By email:
copyright@aptina.com.

If you believe that a copyright infringement notice has been wrongly filed against or delivered to you as a result of mistake or a misidentification of the material, you may file a counter notification with Aptina's Copyright Agent. The counter notification must provide the following information:

  1. A physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The subscriber's name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

U.S. Government Restricted Rights

The materials on the Aptina websites are provided with “RESTRICTED RIGHTS”. Use, duplication, and/or disclosure by the United States Government of such materials is subject to the restrictions identified in FAR 52.227-14 and DFAR 252.227-7013 et seq. or its successor. All other use is prohibited without the express prior written approval of Aptina. Use of any of the materials appearing on Aptina's websites by the Government constitutes acknowledgment and acceptance of Aptina's proprietary rights in such materials.

Trademark Guidelines

General

Aptina’s trademarks, service marks and logos (“Trademarks”) represent intellectual property rights owned by Aptina and as such are valued assets of Aptina. These Trademarks are registered or unregistered Trademarks of Aptina and must be used properly. Aptina’s Trademarks may be used publicly with permission only from Aptina. Fair use of Aptina’s Trademarks in advertising and promotion of Aptina products requires proper acknowledgement. Follow these Trademark Guidelines (“Guidelines”) when using Aptina's Trademarks in internal and external communications, documents and electronic messages. Other product names or trademarks, including those appearing on Aptina’s websites, that are not owned by Aptina are for identification purposes only and may be the registered or unregistered trademarks of their respective owners. No license or right is granted by Aptina by implication, estoppel or otherwise to any such third party names or trademarks.

Applicability of Guidelines

These Guidelines apply to Aptina employees, customers, licensees, consultants, outside vendors, and other third parties. Note that if you are a licensee of an Aptina Trademark, the license agreement that you signed with Aptina may contain specific usage guidelines that differ from those contained within these Guidelines, and in such case you should follow those specific guidelines provided within such license agreement. If you are a licensee, but have been provided no special guidelines, then follow these Guidelines.

List of Aptina Trademarks

The list of Aptina Trademarks provided here may be updated with new Trademark information and should be referred to regularly. Note that the list may not be comprehensive, and the omission of an Aptina Trademark from the list does not represent any waiver of any intellectual property rights of Aptina in and/or to such mark. If in doubt about whether or not a particular name, mark or logo is an Aptina Trademark, or if you have any questions about the use of Aptina's Trademarks, contact Aptina’s Legal Department for assistance.

Aptina™
Behind Every Great Digital Image®
DigitalClarity®
TrueColor™
TrueSNAP™

Referring to Aptina Products/Services

When referring to Aptina products or services use the proper applicable Trademark, and ensure that such references: (i) are truthful, fair, and not misleading; and (ii) comply with these Guidelines. Note that these Guidelines may be modified by Aptina from time-to-time in its sole discretion. Specifically, ensure that you:

  1. follow the directives within these Guidelines;
  2. use the appropriate trademark symbol and trademark acknowledgment of Aptina's ownership of the particular Trademark;
  3. do not incorporate Aptina Trademarks into your own product trademarks, service marks, logos, or company names; and
  4. do not adopt marks or logos that are confusingly similar to any Aptina Trademarks.

Use of Aptina Trademarks

When using an Aptina Trademark, ensure that you:

  1. ALWAYS use such Trademark as an adjective, accompanied by an appropriate noun (e.g. “Aptina® image sensors are excellent products”). Do NOT use a Trademark as a noun (e.g. “Aptina® is an excellent product”). Do NOT pluralize a Trademark or make it possessive. Do NOT combine a Trademark with other words, symbols, or numbers, either as one word or with a hyphen. Do NOT abbreviate a Trademark;
  2. ALWAYS use the proper spelling and the proper trademark symbol (®, ™ or SM as applicable). For the trademark symbol, use the superscript format, but if this is not possible, then use parentheses ((R), (TM) or (SM) as applicable); and
  3. ALWAYS use Aptina Trademarks in the way they were intended to be used. Do not use Aptina Trademarks for products or services for which they were not originally intended. Do not alter an Aptina Trademark in any way.

Identification of Aptina Trademarks

In letters, memos, press releases, white papers, advertising, slides, foils, video, and other multimedia presentations, ensure that you:

  1. properly identify (with ®, ™ or SM as applicable) each Aptina Trademark at the most prominent use (often in the headline) and again in the first occurrence. For presentation graphics, each Aptina Trademark should be designated with the proper trademark symbol on each page, slide, and foil;
  2. in newsletters, magazines, and publications containing multiple articles, properly identify each Aptina Trademark in the first occurrence in the Table of Contents, in headlines and in the first occurrence in every article in which it is used;
  3. in brochures, financial reports, books, white papers, data sheets, technical documentation, and other bound documents, properly identify each Aptina Trademark in the first occurrence in the Table of Contents, in headlines, and in the first occurrence in text;
  4. in all charts and graphs, properly identify each Aptina Trademark, as such charts and graphs could become separated, copied and used independently; and
  5. in all Aptina Trademark tag lines (e.g. "Behind Every Great Digital Image®”), always use the proper trademark symbol in every such reference.

Proper Use Examples of Aptina Trademarks

Aptina® image sensor
DigitalClarity® technology

Acknowledgement of Aptina Trademarks

Ensure that you include a proper trademark ownership notice that identifies each Aptina Trademark used as being owned by Aptina Imaging Corporation (e.g. “Aptina and the Aptina logo are trademarks of Aptina Imaging Corporation”). If you are a licensee of an Aptina Trademark, the license agreement that you signed with Aptina may contain specific notice, acknowledgment and other requirements and restrictions. Refer to your license agreement for such specific requirements and restrictions.

Use of “Aptina” as a Trademark vs. Trade name

“Aptina” is not only a trademark used to identify Aptina’s products and services, it also serves as Aptina’s company name. Therefore, the word “Aptina” is generally used in two (2) different ways: (i) as a trade name to identify Aptina Imaging Corporation the company; or (ii) as a trademark to identify its various products. “Aptina” is used as a trade name when Aptina Imaging Corporation the company is taking some action or referenced as having some attribute (e.g. “Aptina announced its earnings for this quarter”). When referenced as a trade name, there is no need to include a trademark symbol after “Aptina”. “Aptina” is used as a trademark when Aptina is an adjective used as a brand name for its products (e.g. “Aptina® image sensors are aimed at mobile and consumer applications”). When referenced as a trademark, include the proper trademark symbol after “Aptina”.

Links to Aptina Website

Any link to an Aptina website from a different website must conform to these Guidelines and the following additional rules:

  1. unless Aptina provides you with express prior authorization in writing, any link to an Aptina website must use only the Trademark logo displayed below;
  2. Aptina grants you a limited and non-exclusive license to use this logo, but does not transfer title in this logo to you. The logo may only be used as an active link to the related Aptina website;
  3. any link to an Aptina website must only be to the respective Aptina website's home page. No "deep linking" to any other page(s) on any Aptina website is permitted without Aptina's express prior authorization in writing;
  4. you may not use the logo below to imply in any way that Aptina has sponsored or endorsed your website or any of the products or services referenced on your website without receiving Aptina's express prior authorization in writing;
  5. you may not alter the logo in any way, including proportions or colors and may not animate or morph the logo to change its appearance;
  6. you may not use the logo on any website that disparages Aptina or its products or services in any way;
  7. the logo may only be used on website pages that make accurate reference to Aptina, its products and/or services. The logo must be placed on the same page as the reference to Aptina and as close to the reference as feasible;
  8. Aptina may, in its sole discretion, terminate your right to use the logo at any time and for any reason. Aptina may take action against any use of the logo that does not conform to the requirements set out herein or that infringes any right held by Aptina, and Aptina will actively seek the recovery of any costs it may incur preventing any such misuse or damages that may result from such misuse.