THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CONSTITUTE A LEGALLY BINDING CONTRACT ON YOU AND GOVERN YOUR ACCESS AND USE OF THIS WEBSITE AND RELATED SITES (“SITE”). BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE.

This Site is owned and operated by Wave Computing, Inc. and its subsidiaries (“Wave”). The terms “you”, “your” and “yours” refer to anyone accessing, viewing, browsing, visiting or using this Site.  These terms and conditions do not govern: the use of Wave software or hardware products or services offered for sale or evaluation by Wave or its subsidiaries or downloading of any information or materials available for download by Wave or its subsidiaries (e.g., MIPS Tech, LLC) on the site, and the sale, download and use of such products or services are governed by a separate agreement with Wave.

Account Registration

In order to use certain portions of the Site, including downloading of materials and participating in the community forums (“Registration-Only Areas”), you must establish an account (“Account”) using accurate, complete and current registration information about the corporation or entity that you represent.  The collection and use of such information are described in our Privacy Statement.  You provision of such information, including any personal data, to Wave is voluntary, however, if you decline to provide such information, then you may not be able to access certain portions of our Site or the Registration-Only Areas.

Wave reserves the right, in its sole discretion, to refuse registration of any account or suspend or close access to any account for any reason, including if any account owner violates these Terms, including the Code of Conduct below, or if we need to comply with legal requirements or protect the rights of Wave or the Site’s users or any other third party.

You may close your Account at any time for any reason, and your access to the Registration-Only Areas will be terminated. However, these Terms, including any rights and license you grant to Wave in these Terms, and any other licenses or additional agreements that you have entered with Wave will survive.

You are solely responsible for maintaining the confidentiality of the password of your Account and for restricting access to such Account.  Your disclosure of your password to any third parties is at your own risk. Wave is not liable to you or any third party for any loss or harm resulting from your disclosure, or authorization of the disclosure, of your password, or from any unauthorized person’s use of your password to gain access to your Account.

Use of the Site

You and other users of the Site are permitted to post, submit, contribute, publish or display (“post”) content on a specifically designated portions of the Site, such as forums, blogs, social communities, etc. Posting permits our users and customers to share information, opinions and ideas or ask questions. Any such content represents the opinions expressed by users and do not reflect the opinion of Wave, unless a Wave representative posts content by and on Wave’s behalf.  We are under no obligation to display any content posted by users and we reserve the right, in our sole discretion, to modify, remove or otherwise make use of the content posted by users on the Site without notice or any liability to you or any third party.  If any content posted on our Site violates these Terms, including the Code of Conduct below, Wave, in its sole discretion, may remove the content and/or block the ability of such user to post any further content on the Site. 

Any content posted by users is non-confidential and non-proprietary.  By posting any content on our Site, you hereby grant a perpetual, irrevocable, unrestricted, non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, display, publicly perform, distribute, copy, modify and otherwise exploit in any manner whatsoever any portion of the content that you post on the Site for any purpose. 

Wave has no liability for any content posted on the Site by users.  If the content posted by users on the Site contains any third-party website or link that is not owned or controlled by Wave, you agree that Wave is not liable for any content of any third-party website.

You represent and warrant that: you own or have the required licenses, permissions and consents to post any content on the Site and grant Wave the license granted above, that the content you post on the Site is accurate does not infringe, violate or misappropriate any intellectual property, privacy or other rights of any third party, and that the content will not violate these Terms or cause injury or harm to any person. 

Code of Conduct

As Wave offers a forum to foster a community for users to interact with each other, Wave is committed to promote respect and an enjoyable experience for all users of the Site.  The following requirements set a code of conduct that will be enforced by Wave, in its sole discretion, (“Code of Conduct”).

  • When registering for an Account, use your real name or legally incorporated business name and use credentials and identifiers that are accurate and truthful. Do not use multiple accounts, deliberate pseudonyms or any other deceptive identifying behavior.
  • Do not post or share any personal information or data of any third party, either directly or indirectly, without their explicit consent, including gender, religion, age, marital status, race, sexual orientation, Account information or location.
  • Do not impersonate any person, organization or a Wave employee or contractor.
  • Be respectful of others. Engage with others constructively and politely and in a professional manner. Hate speech, statements or other content that attack or disparage individuals or group based on race, gender, religion, nationality, ethnicity, political group, sexual orientation or similar characteristics is strictly prohibited.
  • Bullying, ridiculing or harassing is prohibited. No threatened or actual abusive, bullying, ridiculing or harassing behavior is allowed relating to the Site, including stalking or other forms of unwanted contacts. Threats of harm to others or self-harm, or any advocacy of intolerance or violence, is not allowed.
  • Do not post content that you do not have permission or consent to use. Use proper attribution (with quotations where appropriate) when quoting or referencing third party sources that you have the right and permissions to post. Do not post, use or reference content on the Site that is not relevant or violates or infringes another party’s intellectual property rights.
  • Do not post any illegal, adult, obscene or vulgar content such as: criminal activity, terrorism, obscenity, pornography, nudity, hateful content, violence, gambling, piracy or illegal drugs.
  • Do not use the Site to post or attract spam, and do not contribute viruses, malware, and other malicious programs or engage in activity that harms or interferes with Wave’s operations or seeks to circumvent security or authentication measures. Do not use the Site for illegal or dangerous activity.

Please report to Wave any violations to this Code of Conduct or any other Wave policy.

Monitoring and enforcement

Wave is not able to review content or materials before it is posted on the Site.  If asked to remove content on the site, Wave cannot guarantee prompt removal of content posted on the Site.  Wave has the right, but not the obligation to:

  • Remove, edit or refuse to post any content
  • Terminate or suspend an Account for any reason, in our sole discretion
  • Disclose your identity to any third party who alleges that any content posted by you violates their rights, or to law enforcement or other authorities or parties pursuant to a court order, subpoena or other law enforcement authorities
  • Report any illegal or unauthorized use of the Site to the appropriate authorities.

Use Restrictions on Content on Site

The material provided on this Site is protected by law, including, but not limited to, U.S. copyright law and international treaties. The copyright in all material provided on this Site is held, reserved and retained solely by Wave or by Wave’s licensors, as applicable. No license to content or information is provided by this Site unless expressly stated in writing by Wave. Except as stated herein or as expressly authorized on this Site, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Wave’s or the copyright owner’s prior written permission. Wave reserves all rights not expressly granted to you herein.

Privacy

Any personal information or data that may be provided to Wave through this Site or any usage of such personal information will be handled in accordance with the Privacy Statement. Your use of this Site is subject to your consent to the Privacy Statement. The terms of the Privacy Statement are hereby incorporated by reference in and made part of these Terms of Use.

Submitted Ideas and Feedback

If you transmit information to Wave outside of a nondisclosure agreement already in place, any material, information or idea you transmit by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Wave without compensation to you for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, technology and our intellectual property rights.

Please direct any feedback, comments, improvements, enhancement, suggestions or other communication related to the Site or Wave products or services to Wave (“Feedback”) to info@wavecomp.com. You hereby grant Wave a perpetual, irrevocable, royalty-free, sublicensable, transferable, non-exclusive, worldwide license to make, use, sell, offered for sale, import or otherwise use or commercially exploit any Feedback for any purpose.

Access from Outside of the United States

This Site is controlled and operated by Wave from its offices located in California, in the United States. If you use this Site from other locations around the world, you are responsible for compliance with applicable local laws, including the export and import regulations of other countries. We make no representation that materials in the Site are appropriate or available for use in other locations. Access to this Site or its content from territories where the use of the Site or its content are illegal is prohibited.  You represent that you are responsible at all times for your compliance with U.S. and all other applicable export and related regulations.

No Warranties; Limitation of Liability

WAVE PROVIDES THIS SITE, ANY CONTENT OR MATERIALS THEREON, INCLUDING THIRD PARTY CONTENT, AND YOUR ACCOUNT ON AN “AS IS” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR ANY GUARANTEES. WAVE HEREBY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TILE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK.

IN NO EVENT SHALL WAVE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LICENSES OR CUSTOMERS BE LIABLE TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE LOSSES OR DAMAGES, EVEN IF FORESEEABLE, FOR LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, INCLUDING REGISTRATION-ONLY AREAS, YOUR ACCOUNT (INCLUDING ANY ACCOUNT TERMINATION OR SUSPENSION), ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SITE OR THESE TERMS.

Wave does not ensure continuous, error-free, secure, virus-free operation of the Site or your Account.

In some jurisdictions, the foregoing limitations are not allowed, and therefore, such limitation may not apply to you.

Indemnification

To the maximum extent permitted by applicable laws, You agree to defend, indemnify and hold harmless Wave and its officers, directors, employees, contractors agents, licensors, customers and licensees for any and all claims, damages, judgments, liabilities, costs and expenses, including reasonable attorney’s fees and costs, arising from: any breach or alleged breach of these Terms, your posting of any content on the Site, and your violation of any applicable laws in connection to your use of the Site, your posting of content on the Site and your Account.  Wave reserves the right to defend, control or participate in the settlement of, at its own expense, any claim subject to the indemnification provision above, with counsel of our choice.  You will not settle any claim subject to the indemnification provision above without the prior, written consent of Wave.

Links to Third-Party Sites and Co-Branded Sites

The Site may contain links to third-party websites or applications. However, we are not responsible for and do not control these other sites. The Site may also contain links to co-branded web sites that are maintained by third parties by agreement with us. Wave makes no representations whatsoever about any other website that you may access through the Site.

DMCA Notice

Wave will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).  If you believe that your copyrighted material has been infringed by a posting on our Site, you may request removal of such material from the Site by submitting a written notification (“DMCA Notice”) meeting all the requirements below:

  • an electronic or physical signature of the person authorized to act on behalf of the copyright owner
  • a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
  • a description of where the material that you claim is infringing is located on the Site, including the URL
  • your address, telephone number, and email address
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
  • a statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf, and
  • title your email subject line with “DMCA Copyright Infringement Notice”.

Correspondence relating to copyright infringement can be sent using the following contact information:

Wave Computing, Inc. Attn: Legal 300 Orchard City Drive, Suite 170 Campbell, California 95008 Copy to legal@mipsopen.com

Wave may decide, in its sole discretion, not to respond to DMCA notices that do not substantially comply with all the requirements above.  If Wave decided to remove a posting, Wave will notify the poster of the alleged infringing materials, provide them with the DMCA Notice sent by the requestor and provide information regarding a DMCA counter-notice.  If you believe that any content you posted on the site was removed by mistake, you may file a DMCA counter-notice with Wave by submitting a written notification to the address above pursuant to DMCA requirements.

Wave reserves the right to terminate any Account of any infringer.

Export Restrictions

You may not access, download, use or export materials or content posted on the Site in violation of U.S. export laws or regulations or any other applicable export or import laws or regulations.  You agree to comply with all export laws and restrictions and regulation of the United States or any foreign country, agency or authority.

U.S. Government Rights

All Wave products or services are commercial items.  If you are a government user, you are subject to applicable provisions of FAR and its supplements.

Wave Trademarks

Wave Computing®, Wave Computing logo and other marks are trademarks or registered trademarks of Wave Computing, Inc in the United States and other countries.

MIPS®, MIPS OPEN™, MIPS OPEN logo and other marks are trademarks or registered trademarks of MIPS Tech, LLC in the United States and other countries.

Please reference the Trademark Usage Guidelines for more information regarding our trademarks. Other trademarks are used for identification purposes only and may be the property of their respective owners.

Choice of Law and Other General Considerations

Any claim relating to this Site or its use is governed by the laws of the State of California, USA without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any and all disputes arising out of or relating to your access to and use of the Site and your Account.  You agree that we retain the right to bring any suit, action or proceeding against you for breach of these Terms in any other country, as applicable by law. You expressly disclaim the applicability of the United Nations Convention on the International Sale of Goods to your access or use of this Site or its contents. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.  If you enter into a separate agreement with Wave or its subsidiaries, then the terms of such agreement control over these Terms solely with respect to the subject matter of such separate agreement and the products and services that are subject of such agreement.

Entire Agreement

These Terms, the Privacy Policy and the Trademark Usage Guidelines constitute the sole and entire agreement between you and Wave with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties with respect to the Site.

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