english | français
You are here: home legals terms of use

Terms of Use

       

LAST REVISED: September 20, 2008

         

Welcome to the Avalda Web site (the "Site"). Through the Site, you have access to content, documents, materials, information, software, products and services (collectively "Content") such as developer tools, software downloads, communication forums and product information. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on the Site ("Terms of Use") and our Privacy Policy. Avalda Corporation and/or its affiliated companies ("We" or "Avalda") may revise the Terms of Use and Privacy Policy at any time without notice to you.

 

Some areas of the Site may have additional rules, guidelines or terms of use posted. If there is a conflict between the Terms of Use and the rules, guidelines or terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

 

1. Use of Web Site Documents

You may download, view, copy and print documents, including graphics incorporated in the documents, that Avalda publishes on the Site ("Documents") such as white papers, press releases, datasheets and FAQs subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents or other Content from the Site in whole or in part without the express authorization of Avalda.

 

2. Use of Software

Any software and accompanying documentation you download or access through the Site ("Software") is the copyrighted work of Avalda and/or a third party software provider. Use of the Software is subject to the terms of a software license agreement that accompanies or is included with the Software. Your use, reproduction or redistribution of the Software is prohibited except as expressly provided for in the software license agreement. All rights, title and interest not expressly granted are reserved. Except where expressly provided otherwise, all Software is provided on an "as is" basis, and Avalda expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

3. Use of Forums and Public Communication

"Forum" means a discussion group, chat area, bulletin board, news group, blog, wiki, letter to Avalda, its webmaster or employees, e-mail function, or other service in connection with which you can upload, email, post, publish or otherwise transmit Content. You agree not to upload, email, post, publish, distribute or otherwise transmit through a Forum any Content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.

 

Forums shall be used in a noncommercial manner only. You shall not upload, email, post, publish, distribute or otherwise transmit any Content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Avalda, you agree not to collect or store personal data about other users.

 

By uploading, emailing, posting, publishing or otherwise transmitting Content to any Forum or submitting any Content to Avalda, you automatically grant (or warrant that the owner of such rights has expressly granted) Avalda a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable right and license to use, reproduce, modify, adapt, publish, transmit and distribute such Content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the Content have been waived.

 

Avalda has no obligation to monitor Forums or participate in Forums. However, Avalda reserves the right to review Forum Content and remove any Content at its sole discretion.

 

4. Passwords and Security

Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You may not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Avalda immediately of any unauthorized use of your password(s) or account(s).

 

Avalda is concerned about the protection of personal information We have collected from you and has taken reasonable steps to prevent unauthorized access to that information. For more information, please see Avalda's Privacy Policy.

 

5. No Unlawful or Prohibited Use

You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site. You may not access or use the Site in any manner that could damage, disable, overburden, or impair any Avalda accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Site or any Avalda accounts, computer systems or networks. You may not interfere or attempt to interfere with the proper working of the Site or any Avalda accounts, computer systems or networks (and those of a third party upon whom Avalda relies for the proper working of the Site). You may not use any robot, spider, scraper or other automated means to access the Site or any Avalda accounts, computer systems or networks without Avalda's express written permission. You agree that you will not:

  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or computer systems or networks including without limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files.
  • Post, publish, modify, transmit, reproduce, or distribute in any way, information, software or other materials or tools designed for compromising the security of the Forums, Avalda's computer systems or networks (and those of a third party upon whom Avalda relies for the proper working of the Site) .
  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any email headers, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of email, software or other material in order to disguise the origin of such email, software or material.
  • Restrict or inhibit any other user from using and enjoying the Forums, or create an unusually large burden on the Forums, such as by generating levels of traffic sufficient to impede others' ability to send or retrieve information.
  • Violate any applicable laws or regulations.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or create a false identity to mislead others.

 

6. Termination of Use

You agree that Avalda may, in its sole discretion, at any time terminate your access to the Site, including Forums, and any account(s) you may have in connection with the Site. Access to the Site and activity on the Site may be monitored by Avalda.

 

7. Third Party Web Sites, Content, Products and Services

The Site provides links to Web sites and access to Content from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Avalda is not responsible for the availability of, and Content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Avalda is not responsible for third party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Avalda is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Avalda is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

 

8. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AVALDA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AVALDA MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

 

ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. AVALDA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES.

 

AVALDA RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

 

9. Limitation of Liability

YOU SPECIFICALLY AGREE THAT AVALDA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU SPECIFICALLY AGREE THAT AVALDA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT AVALDA IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE FORUMS AND/OR INCLUDED IN THE SITE BY ANY THIRD PARTY.

 

IN NO EVENT SHALL AVALDA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) ANY OTHER PECUNIARY LOSS, (6) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, WHETHER OR NOT AVALDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

10. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 8 AND 9, DO NOT APPLY.

 

11. Indemnity

You agree to defend, indemnify and hold harmless Avalda, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of your access to or use of the Site or Content on the Site, your uploading, emailing, posting, publishing or otherwise transmitting Content to any Forum or submitting any Content to Avalda, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site, or your violation of any rights of another.

 

12. Privacy Policy

Avalda is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Avalda's Privacy Policy.

 

13. Note About Children

Minors are not eligible to use the Site, and We ask that they do not submit any personal information to us.

 

14. Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the Content provided on the Site, in violation of United States and Canadian export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States, Canadian, or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Avalda in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Avalda outside the United States or Canada. As the Site may be accessed globally, if you choose to access the Site from locations other than the United States or Canada, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the United States or the country in which you reside. Notwithstanding the foregoing, Avalda makes no representation that materials on the Site are appropriate or available for use in locations outside the United States or Canada, as applicable, and accessing them from territories where their contents are illegal is prohibited. You certify that you are not a person or entity with whom Avalda is prohibited from transacting business under applicable law.

 

15. General Provisions

All matters relating to your access to, and use of, the Site and/or these Terms of Use shall be governed by the laws of Canada or the laws of the Province of Ontario, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use or to any contracts relating to goods or services obtained through the Site. No joint venture, partnership, employment or agency relationship exists between you and Avalda as a result of these Terms of Use or your use of the Site and/or Avalda services. If any provision of these Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of Avalda to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The parties hereby confirm that they have requested that these Terms of Use and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.

 

16. Copyright/Trademark Information

Copyright © 2008, Avalda Corporation. All rights reserved.

 

Avalda, Avalda FPGA Developer, and the stylized Avalda logo are the trademarks and/or service marks of Avalda Corporation in the U.S., Canada, and other countries. Other names appearing on the Site may be the property or trademarks of their respective owners.

 

17. Contact Information

If you have any questions regarding these Terms of Use, please contact Avalda at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If you have any other questions, contact information is available at the Contact Avalda page on the Site.