RapidIO Specification Agreement
BY CLICKING THE ACCEPT BUTTON BELOW, OR BY DOWNLOADING, OR OTHERWISE USING THE RAPIDIO SPECIFICATION, VERSION 1.2 ("SPECIFICATION"), USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT,INCLUDING THE WARRANTY DISCLAIMERS AND DISCLAIMER OF LIABILITY PROVISIONS BELOW. IF USER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE [CANCEL] ICON BELOW, DO NOT DOWNLOAD OR USE THE SPECIFICATION, AND EXIT NOW.
Following acceptance of this Agreement, user may download one (1) copy of the Specification for user's personal, individual use; or if user is an entity, user may download one (1) copy for internal use.
User may not copy (except that if user is an entity, user may copy the Specification as necessary for internal review and use), distribute, develop, enhance, alter, modify or create derivative works of the Specification. User may not sublicense, rent, lease or lend the Specification. User may not transfer or assign directly or indirectly user's rights or obligations under this Agreement without the prior written consent of RapidIO. Any assignment without such consent shall be null and void. Notwithstanding the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns.
NO WARRANTY/NO LICENSE. RAPIDIO PUBLISHES THE SPECIFICATION "AS IS". RAPIDIO MAKES NO WARRANTY, REPRESENTATION OR COVENANT, EXPRESS OR IMPLIED, OF ANY KIND CONCERNING THE SPECIFICATION, INCLUDING, WITHOUT LIMITATION, NO WARRANTY OF NONINFRINGEMENT, NO WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. USER AGREES TO ASSUME ALL OF THE RISKS ASSOCIATED WITH ANY USE WHATSOEVER OF THE SPECIFICATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USER IS RESPONSIBLE FOR SECURING ANY INTELLECTUAL PROPERTY LICENSES OR RIGHTS WHICH MAY BE NECESSARY TO IMPLEMENT OR BUILD PRODUCTS COMPLYING WITH THE SPECIFICATION.
DISCLAIMER OF LIABILITY RAPIDIO SHALL NOT BE LIABLE OR RESPONSIBLE FOR ACTUAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) RESULTING FROM USE OR INABILITY TO USE THE SPECIFICATION, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, OR NEGLIGENCE, EVEN IF RAPIDIO HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
NO TRADEMARK RIGHTS. NOTHING HEREIN SHALL BE CONSTRUED TO GRANT TO USER A LICENSE, OR OTHERWISE GIVE TO USER THE RIGHT TO USE ANY OF RAPIDIO'S TRADEMARKS, SERVICE MARKS, CERTIFICATION MARKS, TRADE NAMES OR LOGOS. NO SUCH RIGHTS ARE GRANTED HEREBY. IF RAPIDIO DECIDES TO GRANT SUCH RIGHTS, THE RIGHTS MUST BE THE SUBJECT OF A SEPARATE AGREEMENT BETWEEN USER AND RAPIDIO. USER AGREES NOT TO REPRESENT THAT PRODUCTS ARE COMPLIANT WITH THE SPECIFICATION UNLESS SUCH PRODUCTS COMPLY WITH ANY AND ALL SPECIFICATION, CERTIFICATION, TRADEMARK AND OTHER GUIDELINES WHICH MAY BE ESTABLISHED BY RAPIDIO.
User will indemnify, defend, and hold harmless RapidIO, and its members, and their officers, directors, shareholders, agents, employees, representatives, successors, assigns and customers, from and against any and all third party claims, demands, liabilities, actions or causes of action of any name or nature (including attorneys ' fees and costs) which may be asserted, claimed, prosecuted or established against them, or any of them, or for damages arising out of, in connection with or in any manner related to use of the Specification or this Agreement
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California without regard to its conflict of law rules.
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