Terms of Use
Proprietary Rights And Use Restrictions
Please carefully read these terms of use before using the OtoSense Site. By using the OtoSense Site you indicate your agreement to these terms. If you do not accept these terms, please do not use the OtoSense Site.
The OtoSense website (the “OtoSense Site”) is the property of Analog Devices, Inc. (“ADI”). Copyright © 2020 by Analog Devices, Inc. All copyright, trademark, and other intellectual property and proprietary rights in the OtoSense Site and in the software, text, graphics, design elements, audio, and all other materials originated or used by ADI at its site (the “ADI Information”) are reserved to ADI and its licensors. Except as explicitly provided herein, the ADI Information may not be reproduced, published, adapted, modified, displayed, distributed or sold in any manner, in any form or media, without the prior written permission of ADI.
ADI grants you a revocable, non-transferable, non-exclusive license to view, print out or download a single copy of the ADI Information, solely for internal non-commercial or informational use provided that you do not remove any copyright, trademark or other proprietary notices. Other than the foregoing limited single copy license, no transfer of any other rights is made or intended with respect to the ADI Information and the OtoSense Site. ADI may terminate this single copy license at any time for any reason, including for any breach of these terms of use, or breach of any other ADI agreement or policy. Upon termination you will immediately destroy all ADI Information in your possession or control.
You will not post on or transmit to the OtoSense Site any defamatory, libelous, obscene, profane, pornographic, threatening, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law. You agree to defend, indemnify, and hold ADI, its subsidiaries, employees, directors and officers harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to such postings or transmissions.
Disclaimers And Exclusions Of Warranties
The OtoSense Site and the ADI information are provided “as is”. While ADI intends the ADI information to be accurate, no warranties of any kind are made with respect to the OtoSense Site and the ADI information, including without limitation any warranties of accuracy or completeness. Typographical errors and other inaccuracies or mistakes are possible. ADI does not warrant that the OtoSense Site will meet your requirements, will be accurate, or will be uninterrupted or error free. ADI expressly excludes and disclaims all express and implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party intellectual property rights. ADI shall not be responsible for any damage or loss of any kind arising out of or related to your use of the OtoSense Site, including without limitation data loss or corruption, computer viruses, errors, omissions, interruptions, defects or other failures, regardless of whether such liability is based in tort, contract or otherwise.
Limitation Of Liability
In no event shall ADI or its suppliers, agents, licensors or contractors be liable for any special, incidental, punitive, multiple, indirect or consequential damages of any kind, even if ADI has been advised of the possibility of such damages, and regardless of the form of action.
Links to Other Sites
The OtoSense Site includes links to other sites (“Other Sites”). ADI has no control over the Other Sites and therefore no responsibility with respect to the contents of the Other Sites. No affiliation with, endorsement of, or sponsorship by ADI should be inferred.
You agree to observe copyright and other restrictions imposed by Other Sites. You may not use the Other Sites in any manner that infringes the rights of any person or entity.
Domain names and trademarks of Other Sites, or contained in information accessed at Other Sites, are the sole property of their respective owners.
Privacy
Your use of the OtoSense Site is subject to the ADI Privacy Policy, which can be found here.
U.S.Government Restricted Rights
The ADI Information is provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the Government is subject to restrictions under the narrowest provision of those rights that the regulations allow as set forth in the appropriate Federal Acquisition Regulations, or the similar acquisition regulations of other applicable U.S. Government organizations.
Compliance With Law And Export Controls
This OtoSense Site is operated from our offices in the Commonwealth of Massachusetts in the United States of America. Since ADI controls and operates the Site from the United States, the Materials and Services on this Site are subject to United States export control laws and regulations.
By using this Site, You represent and warrant that: (i) You are not listed on any sanctioned party list (including, but not limited to the U.S. Commerce Department’s Table of Denial Orders, the U.S. Treasury Department’s lists of specially designated nationals, the U.S. State Department’s list of Debarred Parties) or otherwise denied the privilege of participating in transactions involving the export of U.S.-origin products and services; (ii) You are not located in a country that is subject to embargo by the United States (currently Cuba, Iran, North Korea, Sudan, Syria); (iii) You are not engaged, directly or indirectly, in the design, development, production, stockpiling or use of nuclear, chemical or biological weapons or missiles; and (iv) unless prior authorization is obtained from the appropriate government agency, You will not (1) knowingly re-export the technical data received by you to any destination, or (2) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 (listed at https://www.bis.doc.gov/index.php/documents/regulations-docs/452-supplement-no-1-to-part-740-country-groups) in Supplement No. 1 to Part 740 of the U.S. Export Administration Regulations.
Choice Of Law And Jurisdiction
The OtoSense Site, each transaction entered into in connection with the OtoSense Site, and all matters arising from or related to the OtoSense Site (including validity and interpretation) will be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, U.S.A., without reference to any conflict of law principles. You hereby submit to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Massachusetts and the applicable service of process. You agree to waive all defenses alleging forum non-conveniens or lack of personal jurisdiction. If you reside in a country other than the United States, then the parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety.
Limitation Of Claims
Any action on any claim against ADI must be brought by you within one (1) year following the date the claim first accrued, or shall be deemed waived.
Changes To Terms Of Use
Any action on any claim against ADI must be brought by you within one (1) year following the date the claim first accrued, or shall be deemed waived.
These Terms of Use are intended to be supplemented by other license agreements and specific terms governing:
Last reviewed: January 2021