This Web site (our "Site") is owned and operated by Skyworks Solutions, Inc. ("Skyworks"), which is the industry’s leading wireless semiconductor company focused on RF and complete cellular system solutions for mobile communications applications.
The following Terms and Conditions of Use ("Terms and Conditions") govern your use of our Site located at URL www.skyworksinc.com and the services offered on the Site. Please read the following Terms and Conditions carefully, if you do not agree to the following Terms and Conditions, please discontinue use of this Site.
The contents of this Site are copyrighted: Copyright © 2000-2009 Skyworks Solutions, Inc. All rights reserved. Reproduction, transfer, distribution or storage of part or all of the contents of this Site in any form without the prior written permission of Skyworks is prohibited except in accordance with the following terms.
By using our Site, you understand and agree to abide by and be legally bound by these Terms and Conditions and all applicable laws and regulations. We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site.
These Terms and Conditions may cover services or features that are temporarily unavailable or that we expect to add in the near future. Some services or features may be governed by additional terms or terms that vary from these Terms and Conditions. We will notify you through this Site if additional or different terms apply and encourage you to carefully read them.
Trademarks
Unless otherwise specified, all product and service names, slogans, custom graphics, icons, logos and service names are registered trademarks, unregistered trademarks, tradenames or service marks ("Marks") of Skyworks. All other trademarks or service marks are the property of their respective owners. The use of any Skyworks Marks without our express written consent is strictly prohibited. Your access to this Site should not be construed as granting, by implication, estopppel or otherwise, any license or right to use any Marks appearing on the Site without the prior written consent of Skyworks or the third party thereof. If you have any questions, you may contact our Legal Department by sending an e-mail to webworks@skyworksinc.com, ATTN: SKYWORKS LEGAL DEPARTMENT.
Copyrights
Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, audio and video clips, as well as the selection, assembly and arrangement thereof, and all software are our property and are protected by U.S. and international copyright laws. All other copyrighted materials are the property of their respective owners. You may view, download, print and retain a copy of pages of our Site provided that (1) your use of such information from our Site is for your informational, personal and non-commercial use only, (2) you will not copy, transfer or transmit such information to another person or entity, post it on any network computer or broadcast it in any media, (3) any copy of this information which you make shall retain all legal notices, copyright and other proprietary notices contained therein, and (4) you make no modifications of such information.
Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at webworks@skyworksinc.com. All rights not expressly granted herein are reserved.
Communications With Us
We welcome your comments and suggestions about our products, services and this Site that you submit to us through our Site. All product orders, customer service correspondence, employment matters and investor relations inquiries will be treated as confidential. All unsolicited product or service suggestions, ideas, concepts, know-how or techniques submitted to us will be deemed to be our property in the same manner as "User Content" described in the next section of these Terms and Conditions.
User Contributions to Our Site
You may in the future be able to contribute content to our Site, including information, opinions, articles, links, software or other materials, and communicate with other users of our Site using a customized e-mail service, chat or bulletin board service as may be offered from time to time on our Site. All content contributed to or communications made to third parties through our Site are referred to in these Terms and Conditions as "User Content." Unless otherwise specified by us in writing, all User Content transmitted to our Site or through services offered on our Site will be deemed non-confidential and non-proprietary. By sending User Content to us or through our services, you agree that you are assigning to us, on a worldwide basis without restriction and without payment of any compensation to you, all of your right, title and interest to the User Content (including without limitation all copyrights and other intellectual property rights relating to the User Content).
Skyworks does not accept ideas or suggestions from third parties / users of our Site under any obligations of any kind, either expressed or implied. If you send Skyworks any ideas, information, suggestions, or other materials ("information"), you agree that there is no confidential relationship with respect to the information, and that Skyworks has no obligation to you of any kind in connection the information. You expressly disclaim and waive all rights in any such information or ideas that you submit to Skyworks, and agree that Skyworks will be free to use it in any way without any obligation to you.
We will not release your name or otherwise publicize the fact that you submitted User Content to us unless: (a) your permission to use your name is obtained; or (b) you are first notified that the User Content submitted by you will be published or otherwise used with your name on it; or (c) we are required to do so by law. Please remember that any information that is disclosed on our Site becomes public information and you should exercise caution when deciding to disclose any personal information.
User Content on our Site does not necessarily represent our views or opinions. We do not preview or monitor User Content before it appears on our Site or is sent to another user. We are not responsible for any User Content or communications between users, whether on our Site or through services offered on our Site. You may lose your access to our Site and be held liable for any illegal or prohibited content you provide to our Site or to other users, including without limitation any infringing, defamatory or offensive materials. If you discover material of this nature on our Site, please notify us at webworks@skyworksinc.com.
We are not liable for any loss of data resulting from the operation of our Site or the enforcement of these Terms and Conditions. We will not save or return any User Content submitted to us or through our Site. We urge you to maintain your own back-up copy of any User Content you submit to our Site.
Prohibited Content
You agree that you may not place on our Site or in e-mail accessed through our Site any content that:
1. Is patently offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. Is or could be harmful to minors, involves or portrays people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
3. Harasses or advocates harassment of another person;
4. Involves the transmission of junk mail, chain letters or unsolicited mass mailing ("spamming") or otherwise involves sending unsolicited and/or unauthorized e-mail to third parties;
5. Promotes illegal activities or conduct or contains instructional information about illegal activities such as making or buying illegal weapons, conspiring in terrorists acts, violating someone's privacy, or providing or creating computer viruses;
6. Infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary or intellectual property right of any party or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacturer-installed copy-protect devices;
7. Contains restricted or password-protected pages, or hidden pages or images (those not linked to or from another accessible page);
8. Contains pornographic material of any kind or information that is false or misleading, abusive, threatening, obscene, defamatory or libelous;
9. Contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
10. Solicits passwords or personal identifying information from other users for commercial or unlawful purposes;
11. Engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising or pyramid schemes, without our prior written consent; or
12. Impersonates any person or entity, including any employee or representative of us.
Accounts
You agree that you will not misuse or abuse account access and passwords. You agree that only you will use your password and that you will take all reasonable precautions to protect its secrecy. If you have established an account and password on behalf of an organization, and several employees or agents of the organization will be using the same account and password on our Site, the organization agrees that it will take all reasonable precautions to protect the account including, without limitation, restricting the password to the smallest possible group and changing the password on a regular basis and when persons with access to the password no longer require access.
Third Party Content
Certain content from third party vendors may be made available as part of our Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy, reliability or completeness of this content.
Links and Search Results
Our Site may contain links to other sites or automatically produce search results that refer or link to other sites. Clicking on such a link to a third party site will cause you to leave our Site. We do not control or endorse the linked third party sites and are not responsible for the contents of any linked third party site, any link contained in a linked third party site, or any changes or updates to such third party sites. We do not guarantee, represent or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer. These links are provided to you only as a convenience and are governed by terms and conditions of that particular third party site. By using our Site to search for or link to another site, you agree and understand that you may not make any claim against us for any resulting damages or losses. If you have a problem with a link from our Site, however, please notify us at webworks@skyworksinc.com.
Violation of the Terms and Conditions
By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site, to your account on our Site and to any e-mail services offered on our Site, and may remove any content you have provided if we believe that the content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or that you have violated the law, our rights or the rights of another user
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your use of the services we offer through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities.
Safe Harbor Statement
This news release includes "forward-looking statements" intended to qualify for the safe harbor from liability established by the Private Securities Litigation Reform Act of 1995. These forward-looking statements include without limitation information relating to future results and expectations of Skyworks and plans for dividend payments. Forward-looking statements can often be identified by words such as "anticipates," "expects," "forecasts," "intends," "believes," "plans," "may," "will," or "continue," and similar expressions and variations or negatives of these words. All such statements are subject to certain risks, uncertainties and other important factors that could cause actual results to differ materially and adversely from those projected, and may affect our future operating results, financial position and cash flows.
These risks, uncertainties and other important factors include, but are not limited to: uncertainty regarding global economic and financial market conditions; the susceptibility of the semiconductor industry and the markets addressed by our, and our customers', products to economic downturns; the timing, rescheduling or cancellation of significant customer orders and our ability, as well as the ability of our customers, to manage inventory; losses or curtailments of purchases or payments from key customers, or the timing of customer inventory adjustments; the availability and pricing of third-party semiconductor foundry, assembly and test capacity, raw materials and supplier components; changes in laws, regulations and/or policies that could adversely affect either (i) the economy and our customers' demand for our products or (ii) the financial markets and our ability to raise capital; our ability to develop, manufacture and market innovative products in a highly price competitive and rapidly changing technological environment; economic, social, military and geo-political conditions in the countries in which we, our customers or our suppliers operate, including security and health risks, possible disruptions in transportation networks and fluctuations in foreign currency exchange rates; fluctuations in our manufacturing yields due to our complex and specialized manufacturing processes; delays or disruptions in production due to equipment maintenance, repairs and/or upgrades; our reliance on several key customers for a large percentage of our sales; fluctuations in the manufacturing yields of our third-party semiconductor foundries and other problems or delays in the fabrication, assembly, testing or delivery of our products; our ability to timely and accurately predict market requirements and evolving industry standards, and to identify opportunities in new markets; uncertainties of litigation, including potential disputes over intellectual property infringement and rights, as well as payments related to the licensing and/or sale of such rights; our ability to rapidly develop new products and avoid product obsolescence; our ability to retain, recruit and hire key executives, technical personnel and other employees in the positions and numbers, with the experience and capabilities, and at the compensation levels needed to implement our business and product plans; lengthy product development cycles that impact the timing of new product introductions; unfavorable changes in product mix; the quality of our products and any remediation costs; shorter-than-expected product life cycles; problems or delays that we may face in shifting our products to smaller geometry process technologies and in achieving higher levels of design integration; and our ability to continue to grow and maintain an intellectual property portfolio and obtain needed licenses from third parties, as well as other risks and uncertainties, including, but not limited to, those detailed from time to time in our filings with the Securities and Exchange Commission.
The forward-looking statements contained in this news release are made only as of the date hereof, and we undertake no obligation to update or revise the forward-looking statements, whether as a result of new information, future events or otherwise.
U.S. Export Controls
Any software made available on our Site is subject to United States export controls. You may not export or re-export any underlying software except in full compliance with these Terms and Conditions and all U.S. and other applicable laws and regulations. In particular, but without limitation, none of the software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department’s list of "Specially Designated Nationals" or the U.S. Commerce Department’s or State Department’s "Table of Denial Orders." You represent and warrant that you shall not allow access to such software to any user located in, under the control of, or a national or resident of any such country or on any such list. You agree to indemnify and hold harmless and defend us against any and all liability arising from or relating to your breach of this paragraph.
Disclaimers
WHILE WE ENDEAVOR TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, THE DIRECTORIES AND INFORMATION CONTAINED IN OUR SITE MAY, AT TIMES, CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. WE ARE UNDER NO OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. WE CANNOT GUARANTEE THAT THE CONTENT OR OTHER INFORMATION PROVIDED THROUGH OUR SITE WILL BE ACCURATE OR UP-TO-DATE OR THAT THE PROCEDURE FOR OBTAINING SERVICES, OR THE SERVICES THEMSELVES, SUCH AS ORDER STATUS OR SHIPMENT STATUS, WILL OPERATE CORRECTLY. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND WE RESERVE THE RIGHT TO REVISE THE PAGES OR WITHDRAW ACCESS TO THEM AT ANY TIME. IN THE EVENT ANY SERVICE IS NOT ACTUALLY AVAILABLE OR IS NOT FUNCTIONING PROPERLY DUE TO INCORRECT SUPPLIER INFORMATION, TYPOGRAPHICAL ERROR, OR OTHERWISE, WE SHALL HAVE THE RIGHT TO REFUSE TO PROVIDE SUCH SERVICES OR CANCEL ORDERS PLACED FOR SUCH SERVICES. INFORMATION ON SERVICE AVAILABILITY IS SUBJECT TO CHANGE WITHOUT NOTICE.
OUR SITE AND THE CONTENT ON OUR SITE ARE PROVIDED BY US ON AN "AS-IS" OR "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF OUR SITE, AND THE INFORMATION, CONTENT, SERVICES OR MATERIALS INCLUDED OR OFFERED ON OUR SITE. IN ADDITION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY OF THE SERVICES OFFERED THROUGH OUR SITE OR USED IN CONJUNCTION WITH OUR SITE AND HEREBY DISCLAIM ANY EXPRESS AND IMPLIED WARRANTIES.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE USE OF OUR SITE OR THE SERVICES OFFERED AS PART OF OUR SITE, DIRECTLY OR INDIRECTLY, INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, REMOTE OR CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFITS), OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE, EVEN IF SKYWORKS OR ANY SKYWORK’S AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation Of Liability
You agree that any legal action brought against us shall be governed by the laws of the State of California, without regard to conflict of law principles, the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in Orange County, California. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
Applicable Law
You agree that any legal action brought against us shall be governed by the laws of the State of California, without regard to conflict of law principles, the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in Orange County, California. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
Indemnity
By using our Site, you agree to indemnify and hold Skyworks, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Site, including providing a link to another site, uploading any content to our Site, or providing Skyworks with any other information through our Site.
