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Terms and Conditions
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Terms Of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR OTHERWISE USING THIS SITE. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE AND ITS CONTENT ARE GOVERNED BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT HAVE AUTHORITY TO ACCEPT THEM ON BEHALF OF YOUR COMPANY, YOUR USE OF THE SITE AND ITS CONTENT IS NOT AUTHORIZED AND YOU MUST NOT USE THE SITE OR ANY CONTENT.
GENERAL
Applied Materials, Inc. (“Applied Materials”) provides this Web site (including, without limitation, all of its subdomains and related web pages) (collectively, the “Site”) and all information, photos, documents and other materials found on or within the Site (collectively, “Content”) for use solely by Applied Materials’ direct customers and their employees in accordance with these Terms of Use. When you click on the “Accept” button below:
PRIVACY POLICY
The privacy policy found at http://www.appliedmaterials.com/privacy applies to Your use of the Site and the Content and tells You how Applied uses and protects the information Applied may collect from you on the Site.
LICENSE TO ACCESS AND USE
a) This Site and the Content are provided by Applied Materials for informational purposes only. Subject to these Terms of Use, Applied Materials grants You a limited, non-exclusive, non-transferable, revocable license to
(a) access and use the Site and the Content and
(b) download and print copies of the Content in the manner presented by Applied Materials, in each case, solely for the Applied Customer’s use of Applied Materials’ products and services (the “Authorized Uses”). You are prohibited from accessing and/or using the Site and/or the Content in any manner not expressly authorized in these Terms of Use. You acknowledge and agree that the Site and the Content (including any and all intellectual property rights embodied in the foregoing) are the sole property of Applied Materials. ALL CONTENT ON THIS SITE IS PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS. EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS OF USE, NO PORTION OF THE CONTENT MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM APPLIED MATERIALS. With respect to any Content which is downloaded or printed by You as part of the Authorized Uses, You make will retain all copyright and other proprietary notices in the same form and manner as on the original. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, YOU ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, DISPLAY, COPY, CREATE DERIVATIVE WORKS OF, INCORPORATE INTO ANOTHER WEB SITE OR OTHERWISE EXPLOIT ANY OF THE CONTENT, IN WHOLE OR IN PART, IN ANY WAY, WITHOUT THE PRIOR WRITTEN CONSENT OF APPLIED MATERIALS. Any rights in or to the Site and/or the Content not expressly granted above, are reserved by Applied Materials, it affiliates and/or applicable third parties. No other licenses are granted, by implication, estoppel, or otherwise.
CONFIDENTIAL INFORMATION
PASSWORDS AND SECURITY
You are responsible for maintaining the confidentiality of any password(s) You are given to access the Site, and are fully responsible for all activities that occur under Your password(s). You agree to notify Applied Materials immediately of any unauthorized use of Your password(s).
CERTAIN RESTRICTIONS
As a condition of your use of the Site You agree that you will not:
TRADEMARKS
The “Applied Materials” name, the Applied Materials logo, and other trademarks, service marks and trade names designated as product names or services of Applied Materials are trademarks, service marks and/or trade names of Applied Materials in the U.S. and other countries. All other trademarks, service marks and trade names contained herein are the trademarks, service marks and/or trade names of their respective owners. You are not permitted to use these trademarks, service marks and/or trade names without the prior written consent of Applied Materials or its third party owner.
TERMINATION
You agree that Applied Materials may, in its sole discretion, at any time limit, restrict or terminate, in whole or in part, Your access to, use of, and license rights to the Site and/or the Content and/or any account(s) You many have in connection with the Site, for any or no reason, without notice. Your access to and use of the Site may be monitored by Applied Materials.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Applied Materials, its affiliates and each of Applied Materials’ and its affiliates’ respective officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorney’s fees and costs of litigation, arising out of or in any way connected with Your access to or use of the Site and/or the Content.
EXPORT RESTRICTIONS/LEGAL COMPLIANCE
You acknowledge that the Site is controlled and operated by or for the benefit of Applied Materials from one or more locations within the United States. You agree to comply with all applicable U.S. and foreign laws and regulations, including, without limitation, applicable U.S. and foreign export laws and regulations (collectively, “Export Laws”), relating to Your access and use of the Site and/or the Content. Without limiting the foregoing obligation, You agree that:
DISCLAIMERS
CUSTOMER ENGINEERING NEWS DOCUMENTS
This Site provides You access to “Customer Engineering News” documents (“CENs”) which are generally designed communicate information to Applied Materials customer engineers regarding specific Applied Materials systems and services. The information contained in these CENs may not have been reviewed or validated by Applied[1], and the content of CENs may vary widely depending upon the purpose and background of its creation. You agree to consult with an Applied Materials customer engineer prior to taking any action based upon a CEN. The CENs are not part of Applied’s product documentation or specifications. FURTHER, YOU AGREE THAT ANY CEN OR OTHER ADVISORIES REGARDING APPLIED MATERIALS’ PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SITE IS SUBJECT TO THE EXCLUSIONS AND LIMITATIONS SET FORTH IN CLAUSE (C) ABOVE UNDER DISCLAIMERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT:
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, YOU AGREE THAT
APPLICABLE LAWS
These Terms of Use will be governed by and interpreted in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles. The parties expressly disclaim any applicability of the United Nations Convention on Contracts for the International Sale of Goods to these Terms of Use. Any legal action or proceeding arising out of or relating to the Site, the Content and/or these Terms of Use will be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California. You and Applied Materials agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
CERTAIN REMEDIES
You acknowledge and agree that any violation or threatened violation of these Terms of Use would cause irreparable injury to Applied and its affiliates, and that Applied is entitled to injunctive relief, in addition to all legal remedies, without showing or proving any actual damage and without posting any bond.
COOKIES
There is a technology called "cookies" which can be used to provide You with tailored information from a web site. A cookie is an element of data that a web site can send to Your browser, which may then store it on Your system. Some of Applied Materials’ pages may use cookies to better serve You when you return to this Site. Depending on the browser you use, you may be able to set Your browser to notify You when you receive a cookie, giving You a chance to decide whether to accept it.
REVISIONS
Applied Materials may modify, suspend, withdraw or discontinue, temporarily or permanently, the Site and/or the Content, in whole or in part, for any or no reason, without notice. Applied Materials may at time revise these Terms of Use by updating this posting. By using this Site, You agree to be bound by any such revisions and You agree to periodically visit this page to determine the then current Terms of Use to which you are bound.
MISCELLANEOUS GENERAL TERMS
Except as expressly provided in a separate written agreement between You and Applied Materials, these Terms of Use constitute the entire agreement between You and Applied Materials with respect to Your access to and use of the Site and the Content, and supersede all discussions, communications, representations, warranties and agreements concerning the subject matter hereof. You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If Applied does not enforce any particular provision, Applied is not waiving its right to do so later. If any provision of these Terms of Use is found to be invalid by any court of competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR OTHERWISE USING THIS SITE. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE AND ITS CONTENT ARE GOVERNED BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT HAVE AUTHORITY TO ACCEPT THEM ON BEHALF OF YOUR COMPANY, YOUR USE OF THE SITE AND ITS CONTENT IS NOT AUTHORIZED AND YOU MUST NOT USE THE SITE OR ANY CONTENT.
GENERAL
Applied Materials, Inc. (“Applied Materials”) provides this Web site (including, without limitation, all of its subdomains and related web pages) (collectively, the “Site”) and all information, photos, documents and other materials found on or within the Site (collectively, “Content”) for use solely by Applied Materials’ direct customers and their employees in accordance with these Terms of Use. When you click on the “Accept” button below:
- you and the entity which employs you (“Applied Customer”) (you and the Applied Customer are collectively referred to as, “You” or “Your”) agree to be bound by these Terms of Use and
- you represent and warrant that you have the legal authority to accept these Terms of Use on behalf of yourself and the Applied Customer.
PRIVACY POLICY
The privacy policy found at http://www.appliedmaterials.com/privacy applies to Your use of the Site and the Content and tells You how Applied uses and protects the information Applied may collect from you on the Site.
LICENSE TO ACCESS AND USE
a) This Site and the Content are provided by Applied Materials for informational purposes only. Subject to these Terms of Use, Applied Materials grants You a limited, non-exclusive, non-transferable, revocable license to
(a) access and use the Site and the Content and
(b) download and print copies of the Content in the manner presented by Applied Materials, in each case, solely for the Applied Customer’s use of Applied Materials’ products and services (the “Authorized Uses”). You are prohibited from accessing and/or using the Site and/or the Content in any manner not expressly authorized in these Terms of Use. You acknowledge and agree that the Site and the Content (including any and all intellectual property rights embodied in the foregoing) are the sole property of Applied Materials. ALL CONTENT ON THIS SITE IS PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS. EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS OF USE, NO PORTION OF THE CONTENT MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM APPLIED MATERIALS. With respect to any Content which is downloaded or printed by You as part of the Authorized Uses, You make will retain all copyright and other proprietary notices in the same form and manner as on the original. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, YOU ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, DISPLAY, COPY, CREATE DERIVATIVE WORKS OF, INCORPORATE INTO ANOTHER WEB SITE OR OTHERWISE EXPLOIT ANY OF THE CONTENT, IN WHOLE OR IN PART, IN ANY WAY, WITHOUT THE PRIOR WRITTEN CONSENT OF APPLIED MATERIALS. Any rights in or to the Site and/or the Content not expressly granted above, are reserved by Applied Materials, it affiliates and/or applicable third parties. No other licenses are granted, by implication, estoppel, or otherwise.
CONFIDENTIAL INFORMATION
- You acknowledge and agree that all Content is confidential and proprietary information of Applied Materials and its affiliates and contains valuable trade secrets of Applied Materials and its affiliates.
- You agree to use the Content only for the Authorized Uses. You agree
- to disclose the Content only to those Applied Customer employees and contractors (who are not direct or indirect competitors of Applied Materials), who have a need to know such information for the Authorized Uses,
- not to disclose the Content to any third party, except pursuant to a lawful judicial, administrative or governmental order after providing Applied Materials an opportunity to avoid or limit such disclosure,
- to protect the Content with at least the same degree of care which the Applied Customer uses to protect its own confidential information of a similar nature, but in no case less than a reasonable degree of care, and
- to notify Applied Materials promptly of any breach of these Terms of Use or any unauthorized access, use, or disclosure of any Content.
- Within thirty (30) days of any request by Applied Materials, You will
- destroy or return to Applied Materials (as Applied Materials may specify) all materials (including electronic and hard copy documents) that contain the Content and/or reveal or are based on any Content, and all copies of the foregoing, and
- deliver to Applied Materials a statement that you have complied with such requests.
- Your obligations of non-disclosure will not apply to any Content that
- becomes a matter of public knowledge through no fault of You,
- is rightfully received by You from a third party not under restriction of disclosure,
- is independently developed by You without the use of the Content or Applied Materials’ other confidential information, or
- is rightfully in Your possession prior to its disclosure by Applied Materials.
- Your obligations under this Confidential Information provision will remain in effect in perpetuity, even if these Terms of Use are terminated.
- In the event that Applied Materials and the Applied Customer have entered into a separate agreement providing for obligations regarding Your treatment of Applied Materials’ confidential information (the “NDA”), the NDA will also be applicable to Your confidentiality obligations with respect to the Content. In the event of a conflict, ambiguity, or inconsistency between provisions governing Your confidentiality obligations under these Terms of Use and the NDA, the provision providing for the greater protection of the Content (including as to the duration of Your obligations) will take precedence.
PASSWORDS AND SECURITY
You are responsible for maintaining the confidentiality of any password(s) You are given to access the Site, and are fully responsible for all activities that occur under Your password(s). You agree to notify Applied Materials immediately of any unauthorized use of Your password(s).
CERTAIN RESTRICTIONS
As a condition of your use of the Site You agree that you will not:
- rent, lease or otherwise transfer rights to the Site or Content or give anyone else access to Your login credentials
- use the Site in any manner that could impair any of Applied’s or its affiliates’ websites or applications in any way or interfere with any party’s use or enjoyment of any such website or application, including by introducing viruses, Trojans, worms, or other harmful code
- violate any laws
- post any threatening, abusive, defamatory, obscene or indecent material
- be false or misleading or provide any false or misleading information
- distribute content or messages that are or contain spam, chain letters, or pyramid schemes
- impose an unreasonable load on our infrastructure or interfere with the proper working of the Site
- use any robot spider, scraper or other automated means to access the Site or collect Content for any purpose without Applied’s express written permission
- bypass measures used to prevent or restrict access to the Site or Content or use the Site or Content if your use has been suspended or terminated by Applied or
- create more than one account on the Site.
TRADEMARKS
The “Applied Materials” name, the Applied Materials logo, and other trademarks, service marks and trade names designated as product names or services of Applied Materials are trademarks, service marks and/or trade names of Applied Materials in the U.S. and other countries. All other trademarks, service marks and trade names contained herein are the trademarks, service marks and/or trade names of their respective owners. You are not permitted to use these trademarks, service marks and/or trade names without the prior written consent of Applied Materials or its third party owner.
TERMINATION
You agree that Applied Materials may, in its sole discretion, at any time limit, restrict or terminate, in whole or in part, Your access to, use of, and license rights to the Site and/or the Content and/or any account(s) You many have in connection with the Site, for any or no reason, without notice. Your access to and use of the Site may be monitored by Applied Materials.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Applied Materials, its affiliates and each of Applied Materials’ and its affiliates’ respective officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorney’s fees and costs of litigation, arising out of or in any way connected with Your access to or use of the Site and/or the Content.
EXPORT RESTRICTIONS/LEGAL COMPLIANCE
You acknowledge that the Site is controlled and operated by or for the benefit of Applied Materials from one or more locations within the United States. You agree to comply with all applicable U.S. and foreign laws and regulations, including, without limitation, applicable U.S. and foreign export laws and regulations (collectively, “Export Laws”), relating to Your access and use of the Site and/or the Content. Without limiting the foregoing obligation, You agree that:
- You will not access, export, re-export, transfer or otherwise use the Site and/or any of the Content in violation of Export Laws,
- You have not been, and will not be, debarred or suspended otherwise prohibited or impaired from accessing, exporting, re-exporting, transferring or otherwise using the Site and/or the Content or any other item, product, article, commodity or technical data subject to Export Laws;
- You will take all reasonable and appropriate steps, including, without limitation, obtaining warranties and other assurances, to ensure that any other person accessing or using the Site and/or the Content will not access, export, re-export, transfer or otherwise use such item in violation of Export Laws; and (d) You are solely responsible, at Your sole cost and expense, for complying with all applicable U.S. and foreign laws and regulations, including, without limitation, any required approvals or licenses required in connection with any export or re-export of the Site and/or the Content.
DISCLAIMERS
- Reference herein to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship, or recommendation by Applied Materials.
- Links from the Site will let You leave the Site. Such linked sites are not under Applied Materials’ control and Applied Materials’ is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such a linked site may be subject to terms and conditions posted on that site. Applied Materials is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Applied Materials of the linked site or any information contained therein.
- APPLIED MATERIALS DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY, ACCESSIBILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF THE SITE AND THE CONTENT. ANY ACCESS OR USE OF THE SITE OR THE CONTENT IS DONE AT YOUR OWN DISCRETION AND YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES THAT RESULT FROM SUCH ACCESS AND/OR USE. THIS SITE AND THE CONTENT (INCLUDING WITHOUT LIMITATION THE CENs) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH “ALL FAULTS,” AND APPLIED MATERIALS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES OF NON-INFRINGEMENT OR TITLE, RELATING TO THE SITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
CUSTOMER ENGINEERING NEWS DOCUMENTS
This Site provides You access to “Customer Engineering News” documents (“CENs”) which are generally designed communicate information to Applied Materials customer engineers regarding specific Applied Materials systems and services. The information contained in these CENs may not have been reviewed or validated by Applied[1], and the content of CENs may vary widely depending upon the purpose and background of its creation. You agree to consult with an Applied Materials customer engineer prior to taking any action based upon a CEN. The CENs are not part of Applied’s product documentation or specifications. FURTHER, YOU AGREE THAT ANY CEN OR OTHER ADVISORIES REGARDING APPLIED MATERIALS’ PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SITE IS SUBJECT TO THE EXCLUSIONS AND LIMITATIONS SET FORTH IN CLAUSE (C) ABOVE UNDER DISCLAIMERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT:
- APPLIED MATERIALS IS UNDER NO OBLIGATION TO PROVIDE ANY CENs TO YOU
- ANY CEN MADE AVAILABLE TO YOU IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY
- A CEN MAY REFLECT UNSUBSTANTIATED, UNTESTED OR UNCONFIRMED INFORMATION
- THE INFORMATION CONTAINED IN A CEN DOES NOT CONSTITUTE ANY ADVICE, RECOMMENDATION, REPRESENTATION OR WARRANTY BY APPLIED MATERIALS TO YOU, NOR DOES THE INFORMATION CONTAINED IN A CEN CONSTITUTE AN ADMISSION BY APPLIED MATERIALS OF ANY FACT, CONDITION OR CONCLUSION
- THE INFORMATION CONTAINED IN A CEN IS NOT INTENDED TO CAUSE YOU TO TAKE OR REFRAIN FROM TAKING ANY SPECIFIC ACTION BASED ON THE CEN AND
- ANY USE OR NON-USE OF INFORMATION CONTAINED IN A CEN BY YOU IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES THAT RESULT FROM SUCH USE OR NON-USE.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, YOU AGREE THAT
- APPLIED MATERIALS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY WAFER DAMAGE, LOSS OF REVENUE OR PROFIT, LOSS OF TIME OR BUSINESS, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE AND/OR THE CONTENT, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY, PRODUCTS LIABILITY OR NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER APPLIED MATERIALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
- THE TOTAL AGGREGATE LIABILITY OF APPLIED MATERIALS AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE, AND/OR THE CONTENT WILL NOT EXCEED ONE THOUSAND US DOLLARS. The limitations above apply notwithstanding a failure of the essential purpose of any limited remedy.
APPLICABLE LAWS
These Terms of Use will be governed by and interpreted in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles. The parties expressly disclaim any applicability of the United Nations Convention on Contracts for the International Sale of Goods to these Terms of Use. Any legal action or proceeding arising out of or relating to the Site, the Content and/or these Terms of Use will be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California. You and Applied Materials agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
CERTAIN REMEDIES
You acknowledge and agree that any violation or threatened violation of these Terms of Use would cause irreparable injury to Applied and its affiliates, and that Applied is entitled to injunctive relief, in addition to all legal remedies, without showing or proving any actual damage and without posting any bond.
COOKIES
There is a technology called "cookies" which can be used to provide You with tailored information from a web site. A cookie is an element of data that a web site can send to Your browser, which may then store it on Your system. Some of Applied Materials’ pages may use cookies to better serve You when you return to this Site. Depending on the browser you use, you may be able to set Your browser to notify You when you receive a cookie, giving You a chance to decide whether to accept it.
REVISIONS
Applied Materials may modify, suspend, withdraw or discontinue, temporarily or permanently, the Site and/or the Content, in whole or in part, for any or no reason, without notice. Applied Materials may at time revise these Terms of Use by updating this posting. By using this Site, You agree to be bound by any such revisions and You agree to periodically visit this page to determine the then current Terms of Use to which you are bound.
MISCELLANEOUS GENERAL TERMS
Except as expressly provided in a separate written agreement between You and Applied Materials, these Terms of Use constitute the entire agreement between You and Applied Materials with respect to Your access to and use of the Site and the Content, and supersede all discussions, communications, representations, warranties and agreements concerning the subject matter hereof. You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If Applied does not enforce any particular provision, Applied is not waiving its right to do so later. If any provision of these Terms of Use is found to be invalid by any court of competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect.