SEMIViews™ License Terms and Conditions

OVERVIEW
PLEASE READ THESE SEMIVIEWS LICENSE TERMS AND CONDITIONS ("TERMS") CAREFULLY. IT IS IMPORTANT TO UNDERSTAND THAT THIS IS A LEGALLY BINDING CONTRACT BETWEEN SEMICONDUCTOR EQUIPMENT AND MATERIALS INTERNATIONAL ("SEMI") ON THE ONE HAND AND YOU AND YOUR EMPLOYER ("YOU") ON THE OTHER GOVERNING YOUR ACCESS TO AND USE OF THE SEMIVIEWS SERVICE ("SERVICE") ON THIS SITE ON THE WORLD WIDE WEB ("SITE"). IF YOU AGREE TO THESE TERMS, CLICK ON THE "I AGREE" BUTTON BELOW. BY CLICKING ON THE "I AGREE" BUTTON BELOW YOU ARE AGREEING ON BEHALF OF YOURSELF AND YOUR EMPLOYER TO BE BOUND BY THESE TERMS: IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "I DECLINE" BUTTON BELOW AND YOU WILL BE DENIED PASSWORD ACCESS TO THE SITE AND YOU SHALL NOT BE ENTITLED TO ANY RIGHTS SET FORTH IN THESE TERMS.

Note: Throughout this document, the use of You and Your, where capitalized with a capital "Y", shall be interpreted as referring to an individual, that is, you and only you. It does not refer to a company or group which may have purchased a number of licenses, unless "Your company" is explicitly stated.

1. OWNERSHIP
All information, documents, products, software and services provided on this Site and/or accessible on the Service ("Materials"), including without limitation, logos, graphics, text elements, site design, images, icons and SEMI standards and/or guidelines ("SEMI Standards"), as well as the selection, assembly and arrangement thereof, are the sole property of SEMI or its Licensors. The SEMI Standards are copyrighted by Semiconductor Equipment and Materials International, 3081 Zanker Road, San Jose CA 95134 USA. This is not a sale. All ownership of and title to the Materials (including without limitation online, electronic file and hard copy thereof) belong to and remain with SEMI and its licensors. All rights not expressly granted hereunder are reserved to the copyright owner of such Materials. You have no ownership or other rights in the Materials, the Service or the Site. You may not remove or obscure the copyright notice or other notices contained in the Materials.

All trademarks, service marks, brands, names, logos and designs associated with the Services or contained on the Site or the Materials ("Marks") are the property of SEMI or their respective owners and such marks may not be used or reproduced in whole or in part in any way without the express written permission of SEMI or their respective owners.

SEMI may make available a version of the Service for use by Committee Chairs and Task Force Members subject to the Terms set forth herein and otherwise provided. If you are a SEMI Chair or Task Force Member involved in the preparation of SEMI Standards, You hereby irrevocably and unconditionally assign and agree to assign to SEMI all copyrights in any and all standards and guidelines resulting from your participation in the development of such SEMI Standards. You further agree during and after the expiration of the Terms, to reasonably cooperate with SEMI to perfect and secure SEMI's rights in and to such copyrights. All rights in any original unmodified drafts remain with the author. Reformatting of published SEMI standards and guidelines, their distribution inside or outside the principal author's company, and all other reproduction and/or distribution is prohibited without the written consent of SEMI.

2. LIMITED LICENSE
Subject to the Terms, SEMI grants You (as the individual registering for the Service) during the applicable term set forth below, a limited, nonexclusive, revocable, non-transferable, personal license to access the Service online through a personal user name and password solely for Your individual, internal business use (Section 3). Notwithstanding that You (as the individual registering for the Service) also represent your employer in entering into the Terms, sharing of the user name and password, whether within Your company or outside of it, is not allowed. Your company may purchase a package of seats for its employees ("Company Package") that will allow the company's account administrator, subject to the restriction on the type of seats purchased, to: remove or add employees and/or move employees from one type of seat to another. Your account administer shall be responsible for overseeing the account. Your right to use the Service depends on which product edition You have registered for as described as follows:
  • Evaluation
    • If You register for an evaluation license, SEMI will grant You permission to view a limited access version of the Service during a thirty (30) day evaluation period for free, solely for Your individual, internal business use ("Evaluation License"). Upon expiration of the 30-day evaluation period, if you have not upgraded to a paid edition, Your access to the Service will automatically terminate. The Evaluation License only provides You access to the Service to view the Materials online. Printing, copying and/or saving of any Materials (whether by screen scrapping, screen shots, screen print, electronically or otherwise) is prohibited.

  • Reader
    • Upon registration and payment of the applicable fee for the reader license, SEMI will grant You permission for the duration of the license term set forth below, to view the currently published Materials online, solely for Your individual, internal business use ("Reader License"). Printing, copying and/or saving of any Materials (whether by screen scrapping, screen shots, screen print, electronically or otherwise) is prohibited. The Reader License is valid for one year and through Your payment, and subject to SEMI's receipt, of the then applicable annual fee prior to the expiration of the then current term, may be renewed for subsequent one year periods.

  • Reader Plus
    • Upon registration and payment of the applicable fee for the reader plus license, SEMI will grant You permission for the duration of the license term set forth below (a) to view the currently published Materials online solely for Your individual, internal business use, and (b) to save an electronic Adobe Acrobat (pdf) format file of a SEMI Standard for temporary storage on Your computer for the purposes of viewing, and/or printing one copy of the SEMI Standard solely for Your individual, internal business use ("Reader Plus License"). Neither the electronic file nor the single hard copy print may be reproduced in any way. In addition, the electronic file may not be distributed over computer networks or otherwise, including without limitation by e-mail, saved to removable media, copied to another hard drive or otherwise shared. Any permitted copies of a SEMI Standard must retain the copyright notice, and any other proprietary notices contained in a SEMI Standard. The Reader Plus License is valid for one year and through Your payment, and subject to SEMI's receipt, of the then applicable annual fee prior to the expiration of the then current term, may be renewed for subsequent one year periods.

3. ADDITIONAL LICENSE RESTRICTIONS
With respect to all uses of the Services and/or Materials licensed above, You shall not: (a) sublicense, lease, sell, transfer or assign the Materials or the Service, (b) except as expressly permitted herein, copy any part of the Materials for any purpose, (c) modify, alter or create derivative works of the Materials or the Service, (d) use any Materials or the content thereof in any manner that may give a false or misleading impression or statement as to SEMI, SEMI's licensors or any third party referenced in the Materials, or (e) reproduce, transmit, distribute, "frame" or "mirror" any Materials on this Site on any other server or Internet-based device. Except for as expressly permitted in the limited license above, You have no right to copy, modify or distribute the Materials, including without limitation distributing the Material in any way, whether in electronic, hard copy or other form. Excessive (more than what would normally be used by one individual) downloading and printing will automatically be flagged by the system. Without limiting SEMI's rights and remedies at law or in equity, SEMI may suspended and/or terminate Your access to the Service at any time in the event that You fail to comply with the Terms, including without limitation the failure to pay applicable fees for such access. The Material accessible through the Site or the Service may be changed, updated or removed by SEMI without notice.

4. PRIVACY POLICY
Your use of the Site is governed by the SEMI Privacy Policy that is available at www.semi.org (Privacy Policy).

5. VERIFICATION
SEMI has the right, but is not obligated to, monitor account and password use, downloads, and printing. If abuse (see Section 3) is found, the individual's account will be disabled and You or Your company's administrator will be contacted by SEMI to discuss the issue. Pending the outcome, SEMI may, in its sole discretion, reactivate or permanently disable the account.

6. PASSWORDS
When creating Your account, You must provide accurate and complete contact information (name, company, address, phone, email). You represent and warrant that the registration information You submit is true and accurate and that Your use of the Site, the Services and/or the Materials will not violate any applicable law or regulation. SEMI will provide You or You will select a unique password ("Password"). SEMI shall have no responsibility for controlling or monitoring the use of such Password and no liability for any use of such Password. You shall take such actions as are necessary to maintain the confidentiality of, and in order to prevent the unauthorized use of, such Password. You must immediately notify SEMI of any known or suspected unauthorized use(s) of your Password, or any known or suspected breach of security, including the loss, theft or unauthorized disclosure of Your Password or any unauthorized access to or use of the Service or the Materials. You are solely responsible for maintaining the confidentiality of Your Password and for ensuring the authorized access and use of the Materials and Services as licensed under the Terms.

6. FEES AND CHARGES
During the term of this Agreement, You shall pay to SEMI all fees, associated with the license You have selected. SEMI will invoice you for such fees and payment is due and payable by You within thirty (30) days following the invoice date. You shall submit to SEMI full payment for all invoices setting forth such fees based on the current published pricing. SEMI may establish and/or modify pricing in its sole discretion and such pricing will take affect for any subscription entered into, or renewal term of existing subscriptions commencing, after SEMI's publication of such price. If full payment for any renewal term is not received by SEMI prior to the expiration of the then current term, SEMI will terminate Your access to the Service.

7. NOTIFICATION
SEMI respects the intellectual property rights of others, and asks You to do the same. SEMI may, in appropriate circumstances and at our discretion, terminate the Service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide SEMI's designated agent the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit SEMI to locate the material.
  • Information reasonably sufficient to permit SEMI to contact You as the notifying party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner notified of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SEMI's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:
Tonya Maudlin
SEMI
3081 Zanker Road
San Jose, CA 95134 USA

By phone:
+1 408.943.6964

By e-mail:
tmaudlin@semi.org

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

9. OFFICIAL VERSION
The English Adobe Acrobat (pdf) format file is the official version for all SEMI Standards. The standards may from time to time be translated into other languages or converted into other software formats as a convenience. Translated and converted documents are inevitably inaccurate due to differing vocabulary and grammar between languages and conversion issues with software. For this reason, if differences should exist between the English or converted versions of a SEMI standard and a version in any other language or software format, the original English Adobe Acrobat (pdf) format file is the official, authoritative version. All other versions are REFERENCE COPIES ONLY.

10. TERM, TERMINATION AND EFFECT OF TERMINATION
  • Term.
    • The Terms will remain effective until the expiration of the applicable License Term including without limitation any renewal thereof, unless earlier terminated as set forth below.

  • Termination.
    • SEMI shall have the right to immediately terminate Your access and use of the Service and/or Site, or any portion of the Service and/or Site, in the event of any conduct by You or through Your account which SEMI, in its sole discretion, determines to be a breach by You of any of the Terms. You may terminate these Terms at any time by destroying all soft and hard copies of the Materials and Your user name and password.

  • Effect of Termination.
    • Termination of the Terms shall not relieve You of liability for any breach of the Terms including without limitation payment of amounts owed for the Service. The following provisions shall survive any termination or expiration of the Terms: Sections 3, 10-13. No refunds are allowed. In the event of termination or expiration of the Terms, SEMI shall not be obligated to provide You with any copies of any Materials or any links, collections, notes or other online resources You created using the Materials and/or the Service.

11. INDEMNIFICATION
You agree to defend, indemnify, and hold SEMI, its officers, directors, employees, members, agents and affiliates harmless from and against any damage, injury, claims, costs (including without limitation reasonable attorneys fees), liabilities, actions, demands, and or losses ("Loss"), arising out or related to the actual or alleged (i) breach of any of the Terms by You, (ii) any misrepresentation made by You in connection with the Service or Your registration for this Service, or (iii) Your misuse of the Service or the Materials or the misuse of Your password. SEMI shall provide notice to you of any such Loss and shall assist You, at Your expense, in defending any such claim, suit or proceeding.

12. DISCLAIMER OF WARRANTY
SEMI PROVIDES THE MATERIALS, THE SITE AND THE SERVICES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." SEMI MAKES NO WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, TIMELINESS, RELEVANCE AND COMPLETENESS OF ANY MATERIALS CONTAINED ON THE SITE OR ACCESSIBLE THROUGH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEMI MAKES NO WARRANTIES WITH RESPECT TO THE MATERIALS OR THE AVAILABILITY OF THE SERVICES OR THE SITE ON THE WORLD WIDE WEB, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND SEMI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF DUE CARE, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

If unavailability of the Service is caused by SEMI, except during the occurrence of a force majeure event described in Section 15 or during scheduled or emergency maintenance, SEMI will use reasonable commercial efforts to provide emergency access to the Standards provided that You are in compliance with these Terms.

Without limiting the generality of the forgoing, SEMI makes no warranties or representations as to (1) the suitability of any SEMI Standard for any particular application, which determination is solely Your responsibility, or (2) the non-infringement of third party intellectual property rights by the SEMI Standards or the implementation or use thereof. Your attention is called to the possibility that compliance with a SEMI Standard may require use of copyrighted material or of an invention covered by patent rights. SEMI shall not be held responsible for identifying any or all such patented technology or copyrighted items. You are expressly advised that determination of any such patent rights or copyrights and the risk of infringement of such rights are entirely Your own responsibility.

13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEMI BE LIABLE FOR ANY LOSS OF GOODWILL, LOSS OF BUSINESS, LOSS OF USE, LOST PROFITS, LOST DATA OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY(INCLUDING WITHOUT LIMITATION TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES, THE SITE AND/OR THE MATERIALS, REGARDLESS OF WHETHER SEMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SEMI'S LIABILITY EXCEED THE AMOUNT PAID BY YOU UNDER THIS LICENSE AGREEMENT.

14. GENERAL PROVISIONS
  • Governing Law, Venue, and Jurisdiction
    • The Terms shall be interpreted and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. You agree to submit to exclusive, jurisdiction and venue in the state and federal courts of California for any dispute which may arise under the Terms. You also agree to waive any claim of immunity you may possess.

  • Integration
    • The Terms, together with SEMI's published price list for the Services, is the entire agreement between You and SEMI relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgement, or other communication between the parties relating to its subject matter during the term of the Terms. SEMI may modify these Terms by presenting You (including without limitation, another authorized employee of Your company) with a modified version and permitting You to agree or decline such modifications in a manner similar to that set forth herein. In the event that You fail to accept such modified Terms, these unmodified Terms will continue to control your use of the Services for the balance of the then current term but You will not be allowed to renew your subscription for subsequent terms.

  • Serverability / Waiver
    • If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of SEMI to enforce any right or provision in the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SEMI in writing.

  • Force Majeure
    • Each party to this Agreement shall be excused from any delay or failure in its performance hereunder, other than for payment of money, caused by any disruption or slow speed of the Internet, break-downs of security or introduction of computer viruses (and the like) by third parties, any labor dispute, government requirement, act of God, or any other cause beyond its control.

  • Export Control
    • The Materials (as defined above), including without limitation the Standards, and technical information contained therein may be subject to United States export control laws and regulations. You will not transfer or otherwise export any of the Materials or technical information contained therein to third parties who are residents or nationals of countries subject to United States embargo. You will comply with all relevant export laws and regulations of the United States and shall ensure that the Materials and any technical information contained therein is not exported, directly or indirectly, in violation of any applicable law or regulation, including any U.S. export control laws and regulations.

Revised 2010-06-21.

Review our other policies here: Terms of Use / Privacy Policy