All other capitalized terms will have the meaning as provided elsewhere in this Agreement.
Eligibility and Third Party Sites
Intellectual Property Rights, License and Ownership.
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
SkyWorks Software, Inc.
14 4th St SW
Rochester, MN 55902
User Representations. User represents and warrants that (i) you have the ability to enter into this Agreement and grant all assignments, licenses, and permissions contemplated or contained herein; (ii) your use of the Services will be in compliance with all laws, regulations, this Agreement, any Skyworks's policies, and third party policies, if and as applicable to you; (iii) Your Content and any Feedback are original to you and do not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person; (iv) Your Content and any Feedback do not contain any obscene, libelous, defamatory, abusive, or inappropriate content; and (v) our use of Your Content and any Feedback you provide will not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person.
Indemnification. You agree to defend, indemnify, and hold each Skyworks, and its respective agents, employees, directors, officers and representatives harmless from and against all claims and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of (a) your failure to comply with applicable laws, regulations, this Agreement, any Skyworks policies, and third party policies, if and as applicable to you; (b) Your Content and Feedback; (c) Skyworks' use of Your Content and Feedback as contemplated or permitted under this Agreement; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the Services using your account and password; or (g) any activity in which you engage on or in the Services.
Liabilities and Warranties
Skyworks is not responsible for any errors in displayed information or delays in displaying information ON THE SITES, including without limitation any THIRD PARTY CONTENT. SKYWORKS TAKES NO RESPONSIBILITY, NOR ASSUMES ANY LIABILITY FOR, ANY THIRD PARTY CONTENT. ANY USE OR RELIANCE ON ANY THIRD PARTY CONTENT OR OTHER INFORMATION ON THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES IS AT YOUR OWN RISK, INCLUDING INFORMATION PROVIDED BY OR FOR A SKYWORKS. SKYWORKS IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR ANY CONTENT OR INFORMATION PROVIDED BY, ANY THIRD PARTY.
SkyWorks Software, Inc.
14 4th St SW
Rochester, MN 55902
You may contact SkyWorks by sending correspondence to that address or emailing firstname.lastname@example.org.
Amendments. We may update the Agreement, including these Terms, at any time, in our sole discretion. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
No Waiver. Skyworks’s failure to act with respect to a breach of this Agreement or any term or condition herein by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
No Assignment. You may not assign or delegate any rights or obligations under this Agreement. Any purported assignment or delegation by you shall be ineffective. Skyworks may freely assign or delegate all rights and obligations under this Agreement, fully or partially, without notice. Skyworks may also substitute, by way of unilateral novation, effective upon notice to you, a Company for any third party that assumes our rights and obligations under this Agreement.
Governing Law. Except as otherwise provided in this Agreement, this Agreement shall be governed by the laws of the state of Minnesota, and you hereby accept and submit to the personal jurisdiction of the Minnesota state and Federal courts.
Entire Agreement. This Agreement constitutes the entire, complete, and exclusive agreement between you and Skyworks regarding the Services, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or receive certain Services, which are reflected in the applicable Services Addendum or otherwise communicated to you by Skyworks.
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.