Changes and Updates to Terms: AE may, but is not required to, substitute, add to, change, or remove any part of the Terms at any time without notice to you (“Modified Terms”). Modified Terms will be effective when posted by AE, and your use of this Website or the Materials after the posting of the Modified Terms will be deemed your acceptance of and agreement to be bound by the Modified Terms. The date on which the Modified Terms are posted will be stated at the beginning of the Modified Terms. If you do not agree to the Modified Terms, you must stop using this Website and Materials.
Changes to Website and/or Materials: AE may, but is not required to, substitute, add to, change, remove, disable, or suspend this Website, the Materials, or any portion thereof, temporarily or permanently, at any time without notice to you. These changes may include without limitation alterations to the features, functions, specifications, and pricing of any products or services described in or displayed on this Website or the Materials.
2. Security and Privacy
3. Use of Website and Materials; Enforcement
No Unlawful or Prohibited Use: You agree that you will not use this Website or the Materials for any purpose that is unlawful or prohibited by the Terms. In particular, you must not:
• Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Use this Website or the Materials to stalk or otherwise harass or harm another;
• Impersonate any person or entity related to AE or falsely state or otherwise misrepresent your affiliation with AE or any person or entity, or collect or store personal data about other users in connection with any prohibited conduct or activities;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this Website or the Materials;
• Upload, post, email, transmit, or otherwise make available any content that you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email, transmit, or otherwise make available any content that infringes or misappropriates any patent, trademark, trade secret, copyright, or any other proprietary rights of AE or any third party;
• Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Use this Website or the Materials in any manner that could damage, disable, overburden, or impair any AE server or network(s) connections, disobey any requirements, procedures, policies, or regulations of networks connected to this Website or the Materials, or interfere with any other party’s use and enjoyment of this Website or the Materials;
• Circumvent any use-limitation or restricted-access technology used by this Website or the Materials, or otherwise attempt to gain unauthorized access to this Website or the Materials, or any other accounts, computer systems, or networks connected to any AE server or the Materials, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website or the Materials;
• Intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
• Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization;
• Remove any copyright or other proprietary rights notices placed upon this Website or Materials;
• Perform automated searches against AE’s systems (except for non-burdensome federated search services), including using automated “bots,” link checkers, or other scripts or web scraping technologies, without the prior written permission of AE;
• Use this Website or the Materials to create products or perform services which compete or interfere with those of AE;
• Text mine, data mine, or harvest metadata from this Website or the Materials; or
• Download all or parts of this Website or the Materials in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of this Website or the Materials, in any form.
Enforcement of this section is solely at AE’s discretion, and failure to enforce this section in some instances does not constitute a waiver of its right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that this Website or Materials will not contain any content or conduct that is prohibited by this section.
4. Retained Rights. Patents.
Retained Rights: You acknowledge and agree that AE or its licensors own all legal rights, title, and interest in and to this Website and the Materials, and that this Website and Materials are protected by worldwide copyright laws and treaty provisions. Except as set forth in these Terms and unless otherwise specified in the Materials themselves or pursuant to any license terms or permissions for the Materials, (a) no license rights or other rights are granted to you under any patents, copyrights, trademarks, or trade secret information, whether by implication, estoppel or otherwise, and (b) you may not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell this Website or the Materials. Any unauthorized use of this Website or the Materials may infringe AE’s or a third party’s copyright rights, trademark rights, or other proprietary rights, may violate laws relating to privacy and publicity, and may result in civil or criminal liability.
Patent Claims: You may not use or facilitate the use of this Website or any Materials in connection with any patent or other intellectual property infringement analysis concerning AE products. By your use of this Website or Materials, you agree to grant to AE (and do hereby grant to AE) a non-exclusive, royalty-free license to any patent claims which include subject matter disclosed in this Website or the Materials and agree not to assert against AE any claims for patent infringement based on any such patent claims.
5. Notices Related to Content
Trademarks: Any trade names, trademarks, service marks, logos, trade dress, and other brand features (“Trademarks”) displayed on or featured in this Website or the Materials are the property of either AE or third-party licensors. Nothing in these Terms grants you any license rights or other rights to use or display any such Trademarks.
Third Party Content: This Website and the Materials may contain third party submitted content. Such content is not reviewed, approved, or endorsed by AE and is provided solely as a convenience to you. Under no circumstances will AE be liable to you or to any third party in any way for any third-party submitted or provided content, including but not limited to any errors or omissions, or damages of any kind. By your use of this Website, you agree that you must evaluate, and bear all risks associated with, the use of any third-party content, including any reliance on the accuracy, completeness, or usefulness of such third-party content.
Forward Looking Statements: Statements in this Website or Materials that refer to plans or expectations are forward-looking statements. These statements are based on current expectations and involve many risks and uncertainties that could cause actual results to differ materially from those expressed or implied in such statements. For more information on the factors that could cause actual results to differ materially, see our most recent SEC filings elsewhere on this Website.
Copyright Permission: Use of content on this Website or the Materials is authorized for editorial (i.e., news media) purposes only and is subject to the Terms. To request permission to use content outside of editorial purposes, you should contact AE at 520-628-7415. Please include a description of your proposed usage of the materials, along with a link or copy of the materials being requested and your contact information. AE reserves the right to approve or reject any such request, as determined by AE in its sole and absolute discretion.
6. Notices Specific to AE Documents
Permission to Use: Permission to use any AE-owned white papers, press releases, datasheets, specification documents, FAQs, etc. (“Documents”) made available as Materials via this Website is granted, provided that (a) the copyright notice at the bottom of these Terms and this permission notice appear in all copies, (b) you may use Documents only for your informational and non-commercial personal use, (c) the Documents will not be copied or posted on any network computer or broadcast in any media, (d) no modifications of any Documents are made, and (e) you are otherwise in compliance with all of the Terms. Any other uses require the express written permission of AE, which may be withheld in AE’s sole discretion.
7. DMCA Copyright Infringement Claim
Notice of Claimed Infringement: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to AE’s Designated Agent. INQUIRIES NOT COMPLIANT WITH THE PROCEDURE OUTLINED MAY NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement for instructions on submitting an inquiry.
Repeat Infringement: AE may, in appropriate circumstances, terminate or suspend an account or subscription to this Website for repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact AE’s DMCA agent and provide information sufficient for AE to verify that the account holder or subscriber is a repeat infringer.
8. Links to Other Materials or Sites
This Website and/or the Materials may contain links to other Internet sites. The linked sites are not under the control of AE and AE is not responsible for the content of any linked site or any link contained in a linked site. AE reserves the right to terminate any link or linking program at any time. AE does not endorse companies or products to which it links and reserves the right to note as such on this Website or the Materials. If you decide to access or use linked sites, you do so entirely at your own risk.
9. Exclusion of Warranty. Limitation of Liability. Indemnification
Exclusion of Warranty: YOU EXPRESSLY UNDERSTAND AND AGREE THAT AE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR SUFFICIENCY OF ANY MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE AND AS SUCH YOUR USE OF ANY MATERIALS OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR OTHER DEVICES OR FOR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE MATERIALS.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT AE, ITS LICENSORS AND SUPPLIERS WILL NOT BE LIABLE TO YOU FOR:
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT IN OR ON THIS WEBSITE, THE MATERIALS, OR THE DOCUMENTS, ANY CHANGES MADE BY AE THERETO, OR ANY PERMANENT OR TEMPORARY CESSATION BY AE IN THE PROVISION THEREOF, OR (b) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE FOREGOING LIMITATIONS ON AE’S LIABILITY WILL APPLY WHETHER OR NOT AE KNEW OF, WAS ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS WEBSITE OR THE MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE.
Indemnification: You agree to indemnify, at AE’s election defend, and hold AE and each of its officers, directors, employees, agents, representatives, partners, suppliers, and licensors (the “Indemnified Parties”) harmless from and against all actions, claims, or demands, and all losses, damages, liabilities, fees, fines, penalties, costs, and expenses (including without limitation attorneys’ fees and legal costs) arising from or relating to your breach or violation of the Terms or any content you make available through this Website or Materials. You acknowledge and agree that AE may, at any time, assume the exclusive defense and control over any claim for which you owe indemnity to AE hereunder, and you agree to fully cooperate with AE, at AE’s reasonable request, in connection with AE’s defense and investigation of any such claim. You agree that you will not settle or compromise any claim for which indemnity is owed hereunder without AE’s prior written consent, which AE may refuse, withhold, condition, or delay, no matter the reason, in its sole and absolute discretion.
This Website and the Materials are controlled or made available from AE’s offices located in the United States of America. AE makes no representations or warranties that this Website or the Materials are appropriate or available for use in other locations, or that your access to them from the territory in which you reside is or will be lawful or in compliance with applicable local laws. Those who choose to access this Website or the Materials from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Materials available on this Website are subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
The Terms constitute the entire agreement between you and AE and govern your use of this Website and the Materials. Any claim relating to this Website and/or the Materials will be governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles and each party will submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware, USA. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect. The section and paragraph headings in these Terms are for convenience of reference only and must not affect the interpretation of this Agreement.