Terms Of Use

Effective May 15, 2023

1.       Acceptance of Terms of Use.

This website and the services made available by and through it (the “Site”) are provided by Marki Microwave, LLC. (“Marki,” “we,” or “us”), for use by its customers, employees, and business partners and is intended for personal and informational use only. By accessing, browsing, or using this Site, including the materials and services provided thereon, you accept and agree to be bound by these Terms of Use and any additional terms and conditions which may accompany the materials made available through the Site (collectively, the “Terms”). If you are an individual acting on behalf of an entity, you represent and warrant that you have the authority to agree to the Terms on behalf of that entity and to bind that entity to the Terms. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE THIS WEBSITE OR ANY MATERIALS CONTAINED ON IT.

2.       Scope and Modification.

The Terms apply to this Site, and to any resources and tools provided through the Site, including but not limited to engineering simulation or developer tools, forums, chat rooms, blogs, sharing sites, and product information. The Terms further apply to documents made available on the Site such as white papers, press releases, datasheets, and specification documents. All such materials provided by the Site are referred to herein as the "Materials."

For clarity, your purchase of any Marki products or services will be governed by any other separate terms made available by us to you during the purchase process. Products shown on the Marki Online Store are offered at the prices set forth on each product page in the store, which is managed and maintained by Marki’s third-party distributor, RFMW, Ltd (“RFMW”). Please see our Privacy Policy and RFMW’s terms of use and privacy policy for additional information. Products information is also available via Marki’s network of sales representatives, resellers, and distributors. To connect with the sales representative in your region, please visit our Contact page. Further information about Marki’s terms of product sale and support can be found within our Contact page.

Marki may, but is not required to, substitute, add to, change, or remove any part of these Terms at any time without notice. Such modified Terms will be effective when posted and your continued use of the Site or the Materials after positing 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 the Site and Materials.

Marki may, but is not required to, substitute, add to, change, remove, disable, or suspend the Site, the Materials, or any portion thereof, temporarily or permanently, at any time without notice. These changes may include without limitation alterations to the features, functions, specifications, and other information described in or displayed on the Site or in the Materials.

3.       Privacy; Registered Accounts.

Personally identifiable information you submit to Marki through your use of the Site is governed by Marki’s Privacy Policy. By accessing and using the Site, you acknowledge that you have read and understand Marki’s Privacy Policy.

Marki reserves the right to condition access to certain Materials and/or some pages on the Site to only those users who register an account and select a password. It is a condition of your use of such access-controlled pages, services, and Materials that:

• All the information you provide as part of registering for an account is accurate, current, and complete;
• You will not transfer your account to anyone else without Marki’s express permission;
• You remain entirely responsible for maintaining the confidentiality of your password and account;
•  You do not permit any third party to use your account, nor use anyone else's account at any time;
•  You remain entirely responsible for activities that occur under your account; and
•  You agree to notify Marki immediately of any unauthorized use of your account or any other breach of security in connection with your account or your password.

Marki will not be liable to you or to any third party for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Marki reserves the right to disable or suspend any account at any time in Marki’s sole and absolute discretion, no matter the reason, without notice to you.

4.       Limitations on Your Use of the Site/Materials.

You agree that you will not yourself, nor authorize any other person on your behalf, to:

• Use the Site or the Materials for any purpose that is unlawful under any applicable local, state, national, or international law, or is prohibited by the Terms as detailed further below;
• Upload, post, email, transmit, or otherwise make available any content via the Site that:
  •   is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable,
  • you do not have the right to make available, including but not limited to proprietary or confidential data,
  •  infringes or misappropriates any patent, trademark, trade secret, copyright, or any other proprietary rights of Marki or any third party,
  • constitutes any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation,
  • 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,
  • is intended to, or is reasonably likely to, damage, disable, overburden, or impair any Marki server or network, or impair other’s use of the same, ;
• Use the Site or the Materials to stalk or otherwise harass or harm another;
• Impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity, or collect or store personal data about other users in connection with your use of the Site or Materials;
• Circumvent any restricted-access technology used by the Site or the Materials, or otherwise attempt to gain unauthorized access to the Site or the Materials, or any other accounts, computer systems, or networks connected to any Marki 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 the Site;
• Remove any copyright or other proprietary rights notices placed upon the Site or Materials;
• Text mine, data mine, crawl, scrape, or harvest metadata from the Site or the Materials; or
• Download, copy or store all or significant parts of the Site or the Materials in a systematic or regular manner; or
• Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information related to the Site or any Materials thereon.

A violation of any of the foregoing is grounds for termination of your right to use or access the Site and Materials and may also be grounds for legal action. Enforcement of this section is in Marki’s sole discretion, and failure to enforce this section in some instances does not constitute a waiver of its right to enforce it in other instances. This section does not create any private right of action for any third party, nor any reasonable expectation that the Sites or Materials will not contain any content or conduct that is prohibited by this section.

5.       Rights in the Site and Materials

Retained IP Rights: The Site and Materials, including, but not limited to, interactive simulation and engineering online tools, software, text, graphics, data, articles, photos, images, and illustrations are protected by copyright and/or other intellectual property laws. Except as may be expressly set forth below, Marki, or its third-party licensors, retain all right, title and interest in the Site and Materials, and no license rights or other rights are granted by Marki to you under any patents, copyrights, trademarks, or trade secret information, whether by implication, estoppel or otherwise.

You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in the Site and any Materials you access through the Site, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Materials not owned by you, (i) without the prior consent of Marki or the owner of that content or (ii) in a way that violates Marki’s or any third-party’s rights.

Trademarks: Any trade names, trademarks, service marks, logos, trade dress, and other brand features (“Trademarks”) displayed on or featured in the Site or the Materials are the property of either Marki or the respective third-party owner of such marks. Nothing in these Terms grants you any license rights or other rights to use or display any such Trademarks.

Third-Party Content and Submissions: The Site and the Materials may contain content submitted by a third party. Such content may not be reviewed, approved, or endorsed by Marki and is provided solely as a convenience. Under no circumstances will Marki be liable to you for any third-party provided content, including but not limited to any errors or omissions. By your use of the Site, 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.

Your Content Submissions: The Site may include functionality that allows you to transmit or submit user content to Marki, or to post or display user content on the Site. To the extent such user submission is enabled, Marki does not claim ownership of any user-submitted content to the Site. However, unless otherwise agreed to in writing, Marki will be free to use such user submitted content including any know-how, ideas, or other concepts included or contained in user submitted content, without compensation or payment, and any such content you transmit or post to the Site will be considered non-proprietary unless separately agreed in advance in writing by Marki. Unless otherwise specified on the Site, by posting, displaying, uploading, inputting, providing, or submitting user content, you grant Marki a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, transferrable, sublicensable, worldwide license to use, distribute, reproduce, modify, adapt, publish, translate, perform, and display the user content and to incorporate such user content into other works in any format or medium for any and all commercial or non-commercial purposes. By posting or submitting user content you represent and warrant to Marki that you have all rights necessary to do so, in the manner in which you contribute it, and the content does not knowingly infringe, violate, or misappropriate the intellectual property rights of any third party.

Limited License: Subject to these Terms, Marki hereby grants each user of the Site worldwide, non-exclusive, non-sublicensable and non-transferable licenses, as follows:

• Document Copyright: To use any Marki-owned white papers, press releases, datasheets, specification documents, FAQs, etc. made available as part of the Materials via the Site ("Documents"), conditioned on: (a) the copyright notice at the bottom of these Terms and this permission notice appearing in all copies, (b) Documents are used only for your informational and non-commercial personal use, or to facilitate and engage in a commercial relationship with Marki, (c) you not copying to, or posting on, any publicly accessible network computer or broadcast in any media the Documents, (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 Marki, which consent will be in Marki’s sole discretion. Notwithstanding the preceding, educational institutions may download and reproduce the Documents for distribution in the classroom. Except as expressly provided in this Section, you agree you won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works, or otherwise commercially exploit the Documents.
• Use of Interactive Engineering/Simulation Design Tools on the Site: To use any Marki-owned interactive engineering design or simulation tools for which online access is provided via the Site as part of the Materials (“Online Tools”), conditioned upon you limiting your use any Online Tools, or and portion thereof, as follows: (a) use only for your informational and non-commercial use, or to facilitate and engage in a commercial relationship with Marki, (b) not re-direct, distribute, sell, license, host, provide or otherwise make available the Online Tools to third parties; (c) not use the Online Tools to perform services for, or otherwise on behalf of, third parties, whether on a service bureau, SaaS, time sharing basis, via redirect, or otherwise; (d) not use to store or transmit infringing, libelous, other unlawful or tortious material, or other material in violation of any third party privacy or other rights; (e) not interfere with or disrupt the integrity or performance of the Online Tools; (f) not modify or create derivative works, reverse engineer or decompile, decrypt, disassemble the Online Tools; (g) not use in any way that is in violation of any applicable laws; (h) not alter or remove any proprietary notices or legends; or (i) otherwise use the Online Tools solely as allowed otherwise under these Terms. MARKI MAKES NO WARRANTY AND OFFERS NO ASSURANCES WITH REGARD TO THE ACCURACY OF RESULTS OR OUTPUT DERIVED FROM USE OF ANY SUCH ONLINE TOOLS.

6.       Other Important Notices.

Marki Product Related Materials:

• The Site and the Materials may contain information regarding Marki products. If you integrate Marki products into your solution or product, you are responsible for the performance and safety of your overall system that includes the Marki products. EXCEPT AS PROVIDED IN MARKI’S TERMS AND CONDITIONS OF SALE FOR ITS PRODUCTS, MARKI DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, RELATING TO THE SALE OR USE OF MARKI PRODUCTS, INCLUDING LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR INTELLECTUAL PROPERTY INFRINGEMENT.
• Marki may make changes to product specifications, descriptions, performance tests and ratings, and any other data contained in product-related Documents or other Materials at any time, without notice.
• The display of a Marki product on the Site or in the Materials does not necessarily mean that the product is available for purchase in all countries, or for all end uses or by all end users. Contact Marki, or RFMW via the Marki online store, to determine if a product is available in a particular location or for particular end uses/users.

Links to Other Materials/Sites:

• Any information or content publicly posted or privately transmitted through the Site by third parties is the sole responsibility of the originator of the content, and you access all such information at your own risk. Marki is not liable for any errors or omissions in that information or for any damages or loss you might suffer in connection with it, and you hereby release us from all liability for you having acquired or not acquired Materials through the Site. Marki cannot guarantee the identity of any users with whom you may interact in using the Site and are not responsible for which users may gain access to the Site.
• The Services may contain links or connections to third-party websites or services that are not owned or controlled by Marki. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Marki is not responsible for such risks. Marki has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Site.

Warranty Disclaimer, Limitation of Liability, Indemnity:

• No Warranty: THE SITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. MARKI OR ITS LICENSORS AND BUSINESS PARTNERS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY, TITLE, OR NON-INFRINGEMENT. ACCORDINGLY, YOUR USE OF THE WEBSITES AND THE MATERIALS IS AT YOUR SOLE RISK. MARKI DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR SUFFICIENCY OF ANY MATERIALS MADE AVAILABLE THROUGH THE SITE AND AS SUCH YOUR USE OF OR RELIANCE UPON ANY MATERIALS OBTAINED THROUGH THE SITE IS 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.
• Limitation of Liability: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF MARKI OR ITS LICENSORS AND BUSINESS PARTNERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR YOUR OR ANY OTHER PERSON’S USE OF OUR SITE OR MATERIALS RESULTING IN (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS ONE-HUNDRED ($100) DOLLARS.
•  Indemnity: To the fullest extent allowed by applicable law, you agree to indemnify, at Marki’s election defend, and hold Marki and each of its officers, directors, employees, agents, representatives, business 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 reasonable attorneys’ fees and legal costs) arising from or relating to your breach or violation of the Terms, or any content you make available through the Site or Materials. You agree that you will not settle or compromise any claim for which indemnity is owed hereunder without Marki’s prior written consent, which Marki may refuse, withhold, condition, or delay, no matter the reason, in its sole and absolute discretion.
• Choice of Law: These Terms are governed by and will be construed under the laws of the State of California, without regard to its provisions governing conflict of laws. Both you and Marki acknowledge and irrevocably agree that any dispute arising out of or relating to the subject matter of these Terms will be submitted to the exclusive jurisdiction and venue of the Federal and State courts in Santa Clara County, California.