Terms and Conditions
1. Introduction. These Terms
and Conditions ("Terms") are a contract between Qualcomm Atheros,
Inc., a Delaware corporation ("we", "us" or
"our"), and the user ("you", or "your") of our
web site www.skifta.com (the "Site"), of our Skifta service (the
"Service") and/or of our software that must be installed on your
computer or mobile device, as applicable (the "Software"). Your use
of our Site and our Service, as well as your rights to install or use Software,
is subject to these Terms. We may modify or discontinue your right to access or
use the Site, Service and/or the Software at any time and for any reason.
2. Description. Among other
things, the Service enables you to access your digital media from multiple
physical locations or media players. We call each physical location where you
install the Software a "Skifta Place." You are responsible for any
hardware, systems and/or software program(s) you use to create and maintain
your Skifta Place(s) or your home computer network(s), mobile device(s) and any
associated fees and expenses to connect to or use the Internet, as well as for
any content that you maintain in your Skifta Places.
You may use the Service to
temporarily shift the access to digital media for which you have the legal
rights to do so within your Skifta Places. If, however, you allow other Skifta
users to access your digital media, you must either be the copyright owner of
that digital media (e.g., pictures you took or music you created) or have valid
authorization from the copyright owner by contract or otherwise. There are no
restrictions on your use of public domain material or other content otherwise
permitted by law such as fair use. You are solely responsible for compliance
with copyright and other laws in connection with your use of the Site, the
Service and/or the Software and you agree not to use the Software or Service to
violate anyone's copyright or moral rights or any other proprietary or
intellectual property rights. You agree to indemnify and hold harmless Us, and
Our stockholders, subsidiaries, affiliates and licensors, as applicable, as
well as our and their employees, officers, directors and agents (collectively,
"Skifta Indemnified Parties"), for all claims resulting from your use
of such media files and/or from your violation of any copyright or other laws
or rights by such use.
3. Ownership and
Authority to Bind All Users. The Service and the Software is
intended for people at least 13 years of age. We do not intentionally or
knowingly provide the Service to children under the age of 13 and if you are
under the age of 13 you may not use the Service and you are prohibited from
installing the Software. In addition, you must either own the computer and/or
mobile device on which the Software will be installed, or you must be
authorized by the owner of the computer or mobile device to install it.
4. Registration. To use the Service,
you may register by providing certain information, including your first name,
last name, email address, and you will also be required to create a username
and a password ("Registration Info"). It is your responsibility to
provide accurate Registration Info and to update your Registration Info as
necessary to keep it accurate. We will use your Registration Info as set forth
in our Privacy Policy.
Your user name and
password provides access to the digital media which you have chosen to make
available from your computer and/or mobile device, as well as your personal
account information on our Site. Therefore if you share your username and
password, or your username and password otherwise becomes known to a third
party (either with or without your permission), such third party could access,
view, or play your Digital Media and allow others to access, view, or play your
Digital Media. It is solely your responsibility to maintain the secrecy of your
username and password and you agree that you will not allow others to use your
user name and password. You agree to notify Us
immediately if your user name or password has been disclosed to any third party
or if there has been any unauthorized use of your account. We shall not be
responsible for any losses arising out of the unauthorized use of your
username, password, or account and you agree to indemnify and hold harmless
each of the Skifta Indemnified Parties for any improper, unauthorized or
illegal uses of your username, password, or account.
5. Scope of License
and License Restrictions. If you use the Service, We
grant you a personal, limited, non-transferable, non-sublicenseable,
non-exclusive copyright license, solely for your own personal, non-commercial
purposes, to install the Software on one computer and/or mobile device, as
applicable, and use the Software as it is delivered to you for the sole purpose
of receiving the Service. These are your only rights with regard to the
Software. You may not decode, reverse-translate, modify, reverse-engineer,
decompile, disassemble, or otherwise reduce the Software into source code form.
All communications between Us and the Software and the content stored on Our
owned or leased computer servers and in the Software includes Our confidential
information and you may not access, publish, transmit, display, create
derivative works of, store, or otherwise exploit any such confidential
information except as such functions are performed by the Software in the
ordinary course of operation. You do not have the right to create derivative
works of the Software. Nothing in these Terms shall be deemed to grant any
right or license to You (expressly or by implication, estoppel, or otherwise),
and no other license, authority to infringe, or immunity from infringement
liability shall be deemed to arise or exist as a matter of law, under any
patents. The foregoing limitations shall in no way be deemed a derogation of
the express rights granted under these Terms.
6. Patent Policy
Statement. We are a subsidiary of Qualcomm Incorporated, a Delaware
corporation ("Qualcomm"), and We may own
patent rights for the inventions embodied in the Software. We have no rights to
license Qualcomm's patents including but not limited to those related to (a)
system on chip devices or chipsets, including without limitation virtual models
thereof, or (b) any proprietary software that may be used or distributed by
Qualcomm, its affiliates or their respective customers, on system on chip
devices.
7. Third Party Software
included with this Software. Included with the aggregation
of software provided to you, that is, the Software, there is software that is
licensed and available to you which is subject to third party license
agreements. To the extent that these Terms may conflict with licenses or
agreements governing your rights to that software, the agreement or license
applicable to such third party software is covered by the terms of its
applicable license or agreement. You will find these agreements and licenses in
a folder called "about_files" in the
Software you have received. Also, each bundle contains a top level about.html
file with information and links to these licenses as appropriate.
8. Links. The Site,
Service or Software may provide links to third party web sites that We do not own or operate. Such links may include, but are
not limited to, advertising, sponsorships, promotions, recommendations, or
links to other third party content ("Third Party Sites"). We are not
responsible for the content of, or activities conducted by, Third Party Sites
and Our provision of links to Third Party Sites is not an endorsement by us of
the Third Party Sites or any products or services they may offer. Your access
and use of Third Party Sites, and your purchase of any products or services
from Third Party Sites, is governed by the terms and conditions required by the
Third Party Sites - not Us or these Terms. You agree that We are not
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with your use of or reliance on any
content of any Third Party Sites or the products or services available through
any Third Party Sites.
9. Additional Terms
for Forums, Blogs & Other Interactive Media Features. Our Site may
provide one or more forums, blogs, or other interactive or social media
features ("Forums") for users of our Site to exchange information
with each other and with us about the Site (the "Purpose"). If you
use the Forums, in addition to any other terms we may require when you use the
Forums or otherwise post at or on the Forums, you agree to the following:
Restrictions. You agree not to use the Forums for any reason other than the
Purpose. The material on the Forums is protected by international copyright and
trademark laws. Except to the extent as may be expressly permitted through a
"Share" function which we may provide on the Forums (or with our
express written permission), you may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in any way any material from the Forums
including any code or software we may provide.
Postings Not Necessarily the Opinion of Us. Some of the individuals posting to
Forums work for us; however, opinions expressed here and in any corresponding
comments are the personal opinions of the original authors, and do not
necessarily reflect our views.
Postings. Although we may attempt to keep objectionable messages off the Site
and Service, it is not practicable for us to review all messages. All messages
express the views of the author, and we will not be held responsible for any
message or associated content.
Your Responsibilities. You take full responsibility for any and all messages
and associated content you post to the Forums or exchange through the Forums.
In addition, if you post any messages, uploading files, inputting data, or
engage in any other form of communication through the Forums (a
"Posting"), you represent and warrant and covenant the following: (a)
you own all right, title, and interest in and to the Posting, or you have been
granted sufficient rights in and to the Posting allowing you to post such
Posting, (b) you will not post any messages or other materials that are
obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate
any laws, (c) you must not breach obligations of confidentiality that you owe
to another party either in posting or using a Posting, (d) any Postings you
make to the Site do not infringe or violate any third party copyright, trade
marks, any other intellectual property rights or any applicable law, including
without limitation the rights of privacy or publicity, and are not defamatory,
and (e) you will indemnify and hold harmless the Skifta Indemnified Parties
against all claims, losses, liabilities, costs, damages and expenses incurred
by us or them due to any breach by you of these Terms or your use of the
Forums. For the purposes of this section, references to "your use" of
the Forums shall be deemed to include any use by a third party where such third
party accesses the Forums using your computer.
Be Forewarned. When using the Forums and viewing Postings, you need to be aware
of the following issues:
The Forums may include contributions from various sources over which we have no
control (including any content submitted by third party users).
We are not obligated to pre-screen or exercise editorial control over Postings,
and take no responsibility for such Postings.
We reserve the right to edit or remove Postings at any time and in our sole
discretion, including those that are in breach of these Terms or in breach of
any obligation of confidentiality you owe us, infringe or are alleged to
infringe the intellectual property rights of any third party, or are
defamatory, or otherwise are not relevant to the Forums and we will not be
liable in relation to the removal of, or failure to remove, any Postings.
Messages to Registered Users. Our Forums may allow you to send messages
directly to other Forum users who have made their contact information available
for receiving such messages. You agree to only send messages to other Forum
users for the purpose of exchanging information about the Purpose and any other
use of the ability to send messages to other Forum users is strictly
prohibited. Moreover and without limitation of the foregoing, you shall not use
the contact information made available through the Forum for any of the
following: (1) to send unsolicited commercial email (i.e., spam) or any other
type of unsolicited commercial message, or (2) to send any message that is
vulgar, sexually-orientated, hateful, threatening, defamatory, violative of the rights of privacy or publicity, or
otherwise violates any laws.
License. By adding a Posting to the Forum, you are granting us a royalty-free,
perpetual, irrevocably, non-exclusive, unrestricted, worldwide license to: (a)
post, use, copy, sublicense, adapt, transmit, publicly perform or display any
such Posting, (b) use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, play, host, communicate, make
available and publish your Posting without restriction and (c) sublicense to
third parties the unrestricted right to exercise any of the foregoing rights
granted with respect to the Posting. The foregoing grants shall include the
right to exploit any ideas, concepts, intellectual property, or proprietary
rights in such Posting, including but not limited to rights under copyright,
trademark, service mark or patent laws under any relevant jurisdiction without
us owing any monies to you whatsoever.
Posting Guidelines. Our Forums may contain additional rules or posting
guidelines. In such case, you agree to conform your Postings to any such
additional rules or posting guidelines.
10. Notices of
Copyright Infringement. Notifications of claimed copyright
infringement should be sent to Qualcomm Atheros, Inc.'s Designated Agent in
writing at the following address:
Qualcomm Atheros, Inc.
Attn. Legal Department, Copyright Agent
1700 Technology Drive
San Jose, CA 95110
Telephone Number of Designated Agent:
(858) 845-6363
Facsimile Number of
Designated Agent: (858) 651-0286
Email Address of
Designated Agent: copyrightagent@qualcomm.com
To be effective, the Notification must include the
following:
1. A physical or
electronic signature of the owner whose exclusive right is allegedly infringed
or a person authorized to act on his or her behalf;
2. Identification of
the copyrighted work claimed to have been infringed, or if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site;
3. Identification of
the material that is claimed to be infringing or is the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material on the
Site;
4. Information
reasonably sufficient to permit us to contact the copyright owner or his/her
authorized agent including an address, telephone number, and if available, an
electronic mail address;
5. A statement that
the copyright owner or authorized agent has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
6. A statement that
the information in the notification is accurate, and if submitted by the owner's
authorized agent a statement under penalty of perjury, that the agent is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Within a commercially reasonable time
after receipt of the written Notification containing the information as
outlined in 1 through 6 above we will remove or disable access to the material
that is alleged to be infringing and forward the written notification to the
alleged infringer and take reasonable steps to promptly notify the alleged infringer
that we have removed or disabled access to the allegedly infringing material.
Counter Notification: To be effective, a Counter Notification must be a written
communication provided to our Designated Agent at the above provided address
that includes substantially the following:
7. A physical or
electronic signature of the alleged infringer;
8. Identification of
the material that has been removed or to which access has been disabled and the
location at which the material appeared before it was removed or access to it
was disabled;
9. A statement under
penalty of perjury that the alleged infringer has a good faith belief that the
material was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled;
10. The alleged infringer's
name, address, and telephone number, and a statement that the alleged infringer
consents to the jurisdiction of Federal District Court for San Diego County,
California, or if the Subscriber's address is outside of the United States, for
any judicial district in which we may be found, and that the alleged infringer
will accept service of process from the person who provided notification or an
agent of such person. After receipt of a Counter Notification containing the
information as outlined in 1 through 4 above, we will provide the Complaining
Party with a copy of the Counter Notification within a commercially reasonable
time and inform the copyright owner or designated agent that we will replace
the removed material or cease disabling access to it within ten (10) business
days. If our designated agent has not received notice from the copyright owner
or his/her designated agent within ten (10) business days that an action has
been filed seeking a court order to restrain the alleged infringer from engaging
in infringing activity in relation to the allegedly infringing material, we
will restore the allegedly infringing material.
11. Privacy. We encourage
you to review our privacy policy which can be found at http://www.Skifta.com/privacy-policy ("Privacy
Policy"). By agreeing to these Terms you are also agreeing to our Privacy
Policy. Our Privacy Policy governs the collection, use and disclosure of
information We collect from you. The information We collect is stored and processed by Us on servers in the
United States as well as in various other locations, including, without
limitation, Asia and the European Economic Area. By installing the Software or
using the Service you consent to any such transfer of your information outside
your country and/or outside the country where you have installed the Software.
12. Site and Service
Changes and Software Updates and Upgrades. We are
continually trying to improve our Site, Service and Software. We reserve the
right to modify, temporarily or permanently, the Site or Service (or any part
thereof) with or without notice to you and without any liability to you or to
any third party. There also may be instances where We need to discontinue all
or any part of the Site or Service, with or without notice to you and if we do
so we shall not have any liability to you or to any third party, and we reserve
the right to so discontinue. The Software may communicate with Skifta servers
from time to time to check for available updates to the Software, such as bug
fixes, patches, enhanced functions, missing plug-ins and new versions
(collectively, "Updates"). By installing the Software, you agree that
the Software may automatically check for updates, but We
will seek your permission prior to installing any Updates. If you do not grant
your permission, however, the Software may not function correctly and We undertake no obligation to maintain the Service to
function with prior versions of the Software or without the acceptance of one
or more Updates. Notwithstanding the foregoing, We
have no obligation to make available to you any subsequent versions of the
Service or Software.
13. Indemnity. You agree to
indemnity, defend, and hold harmless the Skifta Indemnified Parties from and
against any claim, suit or action arising from or in any way related to your
use of or access to the Site, Service, or Software or your violation of these
Terms, including any liability or expense arising from all claims, losses,
damages, suits, judgments, litigation costs and attorneys' fees, of every kind
and nature. In such a case, We will provide you with
written notice of such claim, suit or action.
14. DISCLAIMER OF
WARRANTY. ACCESS TO AND USE OF THE SITE, SOFTWARE, AND SERVICE IS AT
YOUR OWN RISK. WE PROVIDE THE SITE, SOFTWARE, AND SERVICE ON AN "AS
IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR
NON-INFRINGEMENT. WE AND OUR LICENSORS ALSO DISCLAIM ALL LIABILITY WITH REGARD
TO: (I) YOUR ABILITY TO ACCESS THE SITE OR THE SERVICES AVAILABLE THROUGH THE
SITE, (II) YOUR VIEWING OF ANY WEB PAGES THAT MAY BE AVAILABLE BY LINK OR OTHERWISE,
(III) ANY PRODUCTS OR SERVICES YOU MAY PURCHASE OR OBTAIN FROM ANY THIRD PARTY
THAT MAY BE LINKED BY THE SITE, SOFTWARE, OR SERVICE, OR OTHER INFORMATION YOU
RECEIVE WHEN USING THE SITE, SOFTWARE, OR SERVICE. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. WE AND OUR LICENSORS MAKE NO
WARRANTY THAT ACCESS TO THE SITE OR INFORMATION PROVIDED BY THE SITE, SOFTWARE,
OR SERVICE IS OR WILL BE ACCURATE, RELIABLE, TIMELY, UNINTERRUPTED, ERROR-FREE,
OR OTHERWISE WILL MEET YOUR EXPECTATIONS. THE ABOVE EXCLUSIONS MAY NOT APPLY IN
JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED
WARRANTIES.
15. LIMITATION OF
LIABILITY. IN NO EVENT WILL WE, ANY OF OUR AFFILIATES, DISTRIBUTORS
OF THE SITE, SOFTWARE, OR SERVICE, SUPPLIERS, ADVERTISERS, LICENSORS, OR
THIRD-PARTY DEVELOPERS, OR ANY OF THE FOREGOING ENTITIES' OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR
ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND
NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
LEGAL FEES, ARISING OUT OF THE DOWNLOAD, USE, OR INABILITY TO ACCESS OR USE THE
SITE, SOFTWARE, SERVICE, OR INFORMATION YOU RECEIVE WHEN USING THE SITE,
SOFTWARE OR SERVICE. IN NO EVENT WILL OUR MAXIMUM
CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS, OR THE PRIVACY POLICY, EXCEED
$100.
Because some states
or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, the
Protected Parties' liability shall be limited to the extent permitted by law.
16. Export Compliance. By
downloading the Software, you agree that you are solely responsible for
complying with all United States export control regulations, including the
Export Administration Regulations ("EAR"), and sanctions programs,
including those administered by the United States Treasury Department's Office
of Foreign Assets Controls ("OFAC"), and all other applicable
international trade regulations. You agree that you will not download or use
the Software without all required approvals in any proscribed destination
(including Cuba, Iran, North Korea, Sudan, and Syria), on behalf of any
proscribed entity or person, for any proscribed end use, or in any other manner
contrary to these export regulations and sanctions programs. By downloading or
using the Software, you represent, warrant and certify that you are not a
proscribed end-user or utilizing this software for a proscribed end use under
these regulations. This assurance shall survive the expiration or termination
of this Agreement.
17. U.S. Government
Restricted Rights. The Software and Service are
provided with Restricted Rights. Federal, state and local governments agree to
the terms and conditions of this commercial license.
18. Disputes and
Mandatory Arbitration Clause.
IT IS IMPORTANT THAT YOU READ THIS
ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE ANY CLAIM OR
DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE SUCH CLAIMS
BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS
DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN
ARBITRATION OR MAY BE MORE LIMITED.
You may opt out of Mandatory
Arbitration within the first sixty (60) days of creating an account with us.
Please contact us if you would like to opt out of Mandatory Arbitration. If you
do not opt out within sixty (60) days of creating your account, you accept
Mandatory Arbitration. If you opt out, you will not be required to arbitrate
any claims. There is no penalty or other negative consequence if you do opt
out.
a. The Federal
Arbitration Act applies to these Terms. Any dispute, controversy or claim
between us, regardless of whether the legal theory is based on these Terms,
another common law theory, a statute or another ground, will be settled by
neutral arbitrators before the American Arbitration Association
("AAA"). You can also bring any issues you may have to the attention
of federal, state, or local government agencies and they can, if the law
allows, seek relief against us on your behalf. This arbitration provision is
not mandatory in the event of claims below the applicable small claims limit in
your jurisdiction. You or we may bring any such small claims matters outside of
the arbitration setting, provided they are not brought in a court of general
jurisdiction.
b. Forum Selection
and Applicable Procedure. Unless you and us agree otherwise, the arbitration
will take place in the county of your billing address so long as it is in the
United States. For claims over $10,000 the AAA's Wireless Industry Arbitration
("WIA") rules will apply. In large/complex cases under the WIA rules,
the arbitrators must apply the Federal Rules of Evidence and a party may have
the award reviewed by a panel of three new arbitrators. For claims of $10,000
or less, the complaining party can choose either the AAA's Supplementary
Procedures for Consumer-Related Disputes or individual action in small claims
court. You can obtain procedures, rules and fee information from the AAA
(www.ADR.org) or from us. Each of us may be required to exchange relevant
evidence in advance. For claims of $10,000 or less, we agree that you may
choose whether the arbitration will be conducted solely on the basis of
documents submitted to the arbitrator, by telephonic hearing, or by an
in-person hearing. To initiate arbitration under these Terms, contact the AAA,
which will provide the necessary forms for you to submit. In the case of a
conflict between any arbitration rules and these Terms, these Terms govern.
c. NO CLASS ARBITRATION.
THESE TERMS DO NOT PERMIT CLASS ARBITRATIONS EVEN IF AAA OR WIA PROCEDURES OR
RULES WOULD. The arbitrator may award monetary or injunctive relief
only in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party's individual claim. IF
THIS PROHIBITION ON CLASS ARBITRATIONS IS DEEMED UNENFORCEABLE UNDER APPLICABLE
STATE LAW, THEN THE ENTIRE ARBITRATION CLAUSE SHALL BE DEEMED UNENFORCEABLE AND
ANY CLASS CLAIMS SHALL BE BROUGHT AND ADJUDICATED IN A COURT OF COMPETENT
JURISDICTION. IN NO CIRCUMSTANCE SHALL CLASS CLAIMS BE BROUGHT OR ADJUDICATED
IN ARBITRATION.
d. Claim Notices.
If you or we have a claim that arises from or relates to the Site, the
services, your account, any prior account you had with us, your application, or
the enforceability of these Terms, before initiating, joining, or participating
in any lawsuit, arbitration, or other legal proceeding, the complaining party
shall give the other party: (1) a written notice of the claim (referred to
below as a "Claim Notice"), at least 30 days before initiating any
such proceeding, explaining in reasonable detail the nature of the claim and
any supporting facts; and (2) a reasonable good faith opportunity to resolve
the claim without the necessity of a lawsuit, arbitration, or other legal
proceeding. Any Claim Notice directed to us shall be sent to Qualcomm Atheros,
Inc., Attn: Legal Department, 1700 Technology Drive, San Jose, California 95134.
Any Claim Notice directed to you shall be sent to your address appearing in our
records or, if you are represented by counsel, to your attorney at your
attorney's office.
d. Use of
Arbitration Award or Judgments in Subsequent Cases. An arbitration award and any
judgment confirming it only applies to the arbitration in which it was awarded
and can't be used in any other case except to enforce the award itself.
e. Applicable Law. Except to the
extent we've agreed otherwise in the provisions on arbitration, or as required
by Federal law, these Terms and all disputes between us (whether or not based
on these Terms) are governed by the laws of the state of your residence
(provided that it is in the United States), without regard to that state's
conflict of laws principles. If you are located outside of the United States,
then the laws of the State of California, without reference to its conflicts of
laws principles, shall be the governing law.
19. General. These Terms
set forth the entire understanding and agreement between you and Us with respect to the subject matter hereof. If any
provision or provisions hereof shall be held to be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining
provisions shall not be in any way affected thereby (except as may be expressly
otherwise provided for herein). We reserve the right to assign any and all of
our rights and obligations under these Terms in connection with a merger,
acquisition, sale of assets, or otherwise. Except as described herein, you may
not assign these Terms without our explicit consent. These Terms may change in
the future and shall become effective five (5) business days thereafter,
whether or not you actually received notice of any such changes. Sections 6 -
10, and 12 – 19, as well as any other terms which by their nature should
survive termination or expiration of these Terms, shall survive any termination
or expiration of these Terms.
Skifta is a service mark of Qualcomm Atheros, Inc.
Effective: [April 3, 2013]