Lexar Terms of Use

Terms of Use for the Lexar Websites

General
Micron Consumer Products Group, Inc., (“Micron CPG”) (or its authorized service providers/agents) controls and operates lexar.com and its related websites (“the Lexar websites”) from offices in the United States of America. By accessing any of these Lexar websites, you agree to be bound by these Terms of Use, all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use any of the Lexar websites. Any claim relating to the Lexar websites shall be governed by the laws of the State of California without regard to its conflict of law provisions. Micron CPG makes no representations or warranties that the materials contained on the Lexar websites are appropriate or available for use in all locations or territories, and access to such materials from locations or territories where their content is illegal is prohibited. Failure of Micron CPG to enforce any right(s) or provision(s) contained within these Terms of Use shall not constitute or be deemed to be a waiver of such right or provision nor prevent enforcement by Micron CPG of such right or provision thereafter.

Copyright Information and Trademark Guidelines
The materials contained on the Lexar websites are protected by applicable copyright laws and trademark laws. See Micron CPG’s Copyright Information and Trademark Guidelines. Any unauthorized use of the materials appearing on the Lexar websites may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. Micron CPG vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.

Use License
Permission is granted to download one (1) copy of the materials on the Lexar websites for personal, non-commercial transitory viewing only. This is the grant of a limited and non-exclusive license, not a transfer of title, and under this license you may not:

This license shall automatically terminate if you violate any of these Terms of Use and may be terminated by Micron CPG at any time and for any reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Note that certain materials and software made available for download on the Lexar websites are subject to their own specific terms and conditions, and those terms and conditions applicable to such materials and software shall govern the download and use of such materials and software.

DISCLAIMER OF WARRANTIES
THE MATERIALS ON THE LEXAR WEBSITES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. MICRON CPG MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH MATERIALS AND MICRON CPG DISCLAIMS AND NEGATES ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING SUCH MATERIALS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER VIOLATION OF RIGHTS. FURTHER, MICRON CPG MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY WEBSITES LINKED TO OR FROM THE LEXAR WEBSITES.

LIMITATION OF LIABLITY
IN NO EVENT SHALL MICRON CPG OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFITS, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON THE LEXAR WEBSITES, EVEN IF MICRON CPG HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THESE LIMITATIONS MAY NOT APPLY TO YOU.

Revisions and Errata
The materials appearing on the Lexar websites could include technical, typographical, or photographic errors. Micron CPG does not represent or warrant that any of the materials on its websites are accurate, complete, or current. Micron CPG may make changes to the materials contained on its websites at any time without notice. Micron CPG does not, however, make any commitment to update such materials.

Modification of Terms of Use
Micron CPG may revise these Terms of Use for the Lexar websites at any time without notice. By using any of the Lexar websites you are agreeing to be bound by the then current version of these Terms of Use.

User Submissions
Any information, data, or other material you transmit or post to the Lexar websites will be considered non-confidential and non-proprietary ("Submitted Information"). Micron CPG will have no obligations with respect to the Submitted Information, and may, at its option, disclose, distribute, copy, incorporate, or otherwise use the Submitted Information for any and all commercial and non-commercial purposes. You may not transmit or post anything to the Lexar websites that is unlawful, threatening, pornographic, libelous, defamatory, or that would otherwise violate any law.

User Chat Rooms
Micron CPG is not obligated to, but may in its sole discretion at any time and without notice, monitor or review any areas or locations on or in any of the Lexar websites where users transmit or post Submitted Information or communicate with others, including but not limited to chat rooms, bulletin boards, blogs, or any other user forums ("Exchange Services"), and any of the content of any such Submitted Information or Exchange Services. Without limiting the foregoing, Micron CPG may in its sole discretion at any time and without notice: (a) refuse to post or remove any or all such content; (b) terminate your access to and/or use of any or all of the Exchange Services (including termination due to repeat infringement of intellectual property laws); (c) modify or terminate any or all of the Exchange Services; and/or (d) disclose any such content or information as Micron CPG deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Micron CPG, however, will have no liability relating to any of the content of any such Submitted Information or Exchange Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Use of Personally Identifiable Information
Information submitted to Micron CPG through the forms located on the Lexar websites is governed by the Privacy Policy located at the relevant Lexar websites.

Links
The Lexar websites may contain links to third party websites. Such websites are maintained by other companies, individuals or agencies and links to these other websites are provided by Micron CPG strictly as a convenience to users of the Lexar websites. These linked websites are not under the control of Micron CPG, and Micron CPG is not responsible for the accuracy of information on any such websites. The inclusion of any such link does not imply any endorsement by Micron CPG of the linked third party website. Micron CPG does not monitor or review the content of such third party websites and therefore any access to or use of any such linked third party website is at the user's sole and own risk. Micron CPG may terminate any link(s) on any of the Lexar websites at any time without notice.

Copyright Information

All materials appearing anywhere on the Lexar websites are protected by worldwide copyright laws and treaty provisions. The copyright to such materials is held by Micron CPG, or by the respective third party owner of the materials. None of the materials may be copied, reproduced, displayed, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as expressly permitted herein or with Micron CPG's express prior written approval. All rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been posted to a Lexar website in a manner that constitutes copyright infringement, please provide Micron CPG's Copyright Agent with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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 to be 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party 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 under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Micron CPG's Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By mail:
Copyright Agent
c/o Micron Consumer Products Group, Inc.
Legal Department
47300 Bayside Parkway
Fremont, California 94538
By phone: (510) 413-1200
By fax: (510) 440-3499
By email: legaldepartment@lexar.com.

If you believe that a copyright infringement notice has been wrongly filed against or delivered to you as a result of mistake or a misidentification of the material, you may file a counter notification with Micron CPG's Copyright Agent. The counter notification must provide the following information:

1. A physical or electronic signature of the subscriber;
2. 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;
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

The subscriber's name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

U.S. Government Restricted Rights
The materials on the Lexar websites are provided with "RESTRICTED RIGHTS". Use, duplication, and/or disclosure by the United States Government of such materials is subject to the restrictions identified in FAR 52.227-14 and DFAR 252.227-7013 et seq. or its successor. All other use is prohibited without the express prior written approval of Micron CPG. Use of any of the materials appearing on the Lexar websites by the Government constitutes acknowledgment and acceptance of Micron CPG's proprietary rights in such materials.

Trademark Guidelines

General
Micron CPG's trademarks, service marks and logos ("Trademarks") represent intellectual property rights owned by Micron CPG and as such are valued assets of Micron CPG. These Trademarks are registered or unregistered Trademarks of Micron CPG and must be used properly. Micron CPG's Trademarks may be used publicly with permission only from Micron CPG. Fair use of Micron CPG's Trademarks in advertising and promotion of Micron CPG products requires proper acknowledgement. Follow these Trademark Guidelines ("Guidelines") when using Micron CPG's Trademarks in internal and external communications, documents and electronic messages. Other product names or trademarks, including those appearing on the Lexar websites, that are not owned by Micron CPG are for identification purposes only and may be the registered or unregistered trademarks of their respective owners. No license or right is granted by Micron CPG by implication, estoppel or otherwise to any such third party names or trademarks.

Applicability of Guidelines
These Guidelines apply to Micron CPG employees, customers, licensees, consultants, outside vendors, and other third parties. Note that if you are a licensee of a Micron CPG Trademark, the license agreement that you signed with Micron CPG may contain specific usage guidelines that differ from those contained within these Guidelines, and in such case you should follow those specific guidelines provided within such license agreement. If you are a licensee, but have been provided no special guidelines, then follow these Guidelines.

List of Micron CPG Trademarks
The list of Micron CPG Trademarks provided here may be updated with new Trademark information and should be referred to regularly. Note that the list may not be comprehensive, and the omission of a Micron CPG Trademark from the list does not represent any waiver of any intellectual property rights of Micron CPG in and/or to such mark. If in doubt about whether or not a particular name, mark or logo is a Micron CPG Trademark, or if you have any questions about the use of Micron CPG's Trademarks, contact Micron CPG's Legal Department for assistance.

Lexar®
Lexar Media®
JumpDrive®
Image Rescue®
Shoot-n-Sync™
Lexar. When Memory Matters.™

Referring to Lexar Branded Products/Services
When referring to Lexar branded products or services use the proper applicable Trademark, and ensure that such references: (i) are truthful, fair, and not misleading; and (ii) comply with these Guidelines. Note that these Guidelines may be modified by Micron CPG from time-to-time in its sole discretion. Specifically, ensure that you:

1. follow the directives within these guidelines;
2. use the appropriate trademark symbol and trademark acknowledgment of Micron CPG's ownership of the particular Trademark;
3. do not incorporate Micron CPG Trademarks into your own product trademarks, service marks, logos, or company names; and
4. do not adopt marks or logos that are confusingly similar to any Micron CPG Trademarks.

Use of Micron CPG Trademarks
When using a Micron CPG Trademark, ensure that you:

1. ALWAYS use such Trademark as an adjective, accompanied by an appropriate noun (e.g. "Lexar® NAND Flash memory is an excellent product"). Do NOT use a Trademark as a noun (e.g. "Lexar® is an excellent product"). Do NOT pluralize a Trademark or make it possessive. Do NOT combine a Trademark with other words, symbols, or numbers, either as one word or with a hyphen. Do NOT abbreviate a Trademark;
2. ALWAYS use the proper spelling and the proper trademark symbol (®, ™ or SM as applicable). For the trademark symbol, use the superscript format, but if this is not possible, then use parentheses ((R), (TM) or (SM) as applicable); and
3. ALWAYS use Micron CPG Trademarks in the way they were intended to be used. Do not use Micron CPG Trademarks for products or services for which they were not originally intended. Do not alter a Micron CPG Trademark in any way.

Identification of Micron CPG Trademarks In letters, memos, press releases, white papers, advertising, slides, foils, video, and other multimedia presentations, ensure that you:

1. properly identify (with ®, ™ or SM as applicable) each Micron CPG Trademark at the most prominent use (often in the headline) and again in the first occurrence. For presentation graphics, each Micron CPG Trademark should be designated with the proper trademark symbol on each page, slide, and foil;
2. in newsletters, magazines, and publications containing multiple articles, properly identify each Micron CPG Trademark in the first occurrence in the Table of Contents, in headlines and in the first occurrence in every article in which it is used;
3. in brochures, financial reports, books, white papers, data sheets, technical documentation, and other bound documents, properly identify each Micron CPG Trademark in the first occurrence in the Table of Contents, in headlines, and in the first occurrence in text;
4. in all charts and graphs, properly identify each Micron CPG Trademark, as such charts and graphs could become separated, copied and used independently; and
5. in all Micron CPG Trademark tag lines, always use the proper trademark symbol in every such reference.

Proper Use Examples of Micron CPG Trademarks
Lexar® Flash drive
Lexar® memory card
Lexar® memory module
Lexar® memory component

Acknowledgement of Micron CPG Trademarks
Ensure that you include a proper trademark ownership notice that identifies each Micron CPG Trademark used as being owned by Micron CPG. (e.g. "Lexar and the Lexar logo are trademarks of Micron Consumer Products Group, Inc."). If you are a licensee of a Micron CPG Trademark, the license agreement that you signed with Micron CPG may contain specific notice, acknowledgment and other requirements and restrictions. Refer to your license agreement for such specific requirements and restrictions.

Links to the Lexar Websites
Any link to any of the Lexar websites from a different website must conform to these Guidelines and the following additional rules:

1. unless Micron CPG provides you with express prior authorization in writing, any link to a Lexar website must use only the Trademark logo displayed below;
2. Micron CPG grants you a limited and non-exclusive license to use this logo, but does not transfer title in this logo to you. The logo may only be used as an active link to the related Lexar website;
3. any link to any of the Lexar websites must only be to the respective Lexar website's home page. No "deep linking" to any other page(s) on any of the Lexar websites is permitted without Micron CPG’s express prior authorization in writing;
4. you may not use the logo below to imply in any way that Micron CPG has sponsored or endorsed your website or any of the products or services referenced on your website without receiving Micron CPG’s express prior authorization in writing;
5. you may not alter the logo in any way, including proportions or colors and may not animate or morph the logo to change its appearance;
6. you may not use the logo on any website that disparages Micron CPG or its products or services in any way;
7. the logo may only be used on website pages that make accurate reference to the Lexar brand, its products and/or services. The logo must be placed on the same page as the reference to Lexar and as close to the reference as feasible;
8. Micron CPG may, in its sole discretion, terminate your right to use the logo at any time and for any reason. Micron CPG may take action against any use of the logo that does not conform to the requirements set out herein or that infringes any right held by Micron CPG, and Micron CPG will actively seek the recovery of any costs it may incur preventing any such misuse or damages that may result from such misuse.