Terms of Use

The www.decaWave.com website is an interactive online service operated by decaWave Ltd. DecaWave conducts its worldwide business including operations relating to research and development, manufacturing and marketing, through decaWave limited and/or wholly-owned incorporated subsidiaries in Ireland, the U.S.A., the U.K. and other countries. The term "decaWave" is used throughout this website to collectively refer to decaWave Limited and its subsidiary companies. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE DECAWAVE.COM WEBSITE. By using the decaWave website, you signify your agreement to these Terms of Use and decaWave’s Privacy Policy. If you do not agree to these Terms of Use, please do not use the decaWave.com website. Please check these Terms of Use periodically for changes. Your continued use of the decaWave.com website will mean you accept these changes. decWave reserves the right to modify, suspend, terminate, or restrict your use of any portion of the decWave.com website at any time, without notice.

Table of Contents

Introduction
Restrictions on Use of Materials
General Submissions
Third Party Information and Links
Disclaimer and Limitation of Liability
Miscellaneous

1. Introduction

This website provides information available about a range of topics. Like any printed material, it may become out of date over time. This information is not intended to be a substitute for the advice of a professional.

Nothing contained on the decaWave.com website should be construed as a solicitation or promotion for any product or service or for the use of any product in a particular way which is not authorised by the laws and regulations of the country where the reader is located.

Certain sections of the decaWave.com website may have separate registration procedures and separate terms and conditions, terms of service, user agreements or similar legal agreement that may be offered by decaWave or its third party service providers. When you are using any section of the decaWave.com website that does not have a separate legal agreement or terms of use, these Terms of Use shall apply.

2. Restrictions on use of materials

Except as otherwise authorised in writing by decaWave, all materials contained on the decaWave.com website are the copyrighted property of decaWave and/or third party licensors. No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this website. For purposes of these terms, the use of any such material on any other website or computer environment is prohibited, unless you have obtained prior written approval from decaWave. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright or other intellectual property right of decaWave or any third party.

All trademarks and service marks identified by ®, (TM) or (SM) symbols or appearing in type form different from that of the surrounding text are marks owned by or licensed to decaWave or third parties.

3. General Submissions

Except for the submission of resumes in the "Careers" section of the decaWave.com website and as otherwise provided in the Privacy Policy, any suggestions, comments, questions, information or the like submitted to decaWave, such information shall be deemed to be non-confidential and decaWave shall have no obligation of any kind with respect to such information. By making a submission to decaWave, you assign to decaWave all rights, title and interest in and to such submission, and decaWave shall be free to use, display, distribute, copy and otherwise use the submission for any purpose, without limitation, the research, development, manufacture, use or sale of products incorporating information contained in such submission. Please see decaWave's Privacy Policy for more information about decaWave's collection, use and disclosure practices with respect to information collected from you on the decaWave.com website.

4. Third Party Information and Links

The decaWave.com website may contain third party information or content. Such information or content is, wherever practically possible, marked with the name of the source and does not necessarily represent the opinion or viewpoint of decaWave. decaWave does not take any responsibility whatsoever for such third party information or content. As a convenience to you, this website may provide links to third party websites. decaWave has no responsibility for, or control of, the content appearing on third party sites and shall not be liable for any damages or injury arising from the content of those sites. Further, decaWave disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the decaWave.com website from third parties not associated with us. As some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, decaWave cannot be held responsible for the accuracy, copyright compliance or compliance with any other intellectual property rights, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against decaWave with respect to such sites.

If you operate a website and wish to link to the decaWave.com website, please contact legal@decawave.com to obtain permission to do so. Notwithstanding the foregoing, decaWave reserves the right to reject or terminate any links to the decaWave.com website, and you hereby agree to immediately cease linking to the decaWave.com website upon decaWave's request.

5. Disclaimer and Limitation of Liability

You expressly agree that your use of this website is at your own risk. Neither decaWave nor any other party involved in creating, producing or delivering the website makes any representations or warranties of any kind regarding the decaWave.com website, the content appearing on this website, any advertising material or the results that may be obtained from use of this website. THE DECAWAVE.COM WEBSITE IS PROVIDED ON AN "AS IS" BASIS, AND DECAWAVE SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

DECAWAVE, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE DECAWAVE.COM WEBSITE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE DECAWAVE.COM WEBSITE OR ANY PORTION THEREOF; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT APPEARING ON THE DECAWAVE.COM WEBSITE; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES.

BY USING THE DECAWAVE.COM WEBSITE, YOU HEREBY RELEASE DECAWAVE, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS FROM ANY AND ALL CLAIMS, DAMAGES OR LOSSES OF ANY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY RELATING TO THE DECAWAVE.COM WEBSITE. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the decawave.com website must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

6. Miscellaneous

If you are a resident of the U.S., you hereby agree that the Terms of Use Agreement for the decaWave.com website will be governed by and construed in accordance with the laws of the State of California and any cause of action you may have with respect to this website must be filed in the federal or state courts located in San Francisco, California within one year after the cause of action arises or the cause is barred. If you reside outside the U.S., you hereby agree that the Terms of Use Agreement for the decaWave.com website will be governed by and construed in accordance with the laws of Ireland and any cause of action you may have with respect to this website must be filed in an Irish court of law within one year after the cause of action arises or the cause is barred.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE DECAWAVE.COM WEBSITE IMMEDIATELY.

Last updated on: April 15, 2005