Welcome to the Emulex Corporation Web Site ("Site")
By using this Site, you agree to the terms and conditions of this Agreement, which constitutes the entire agreement between you and Emulex. This Agreement supersedes all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Site, the Site contents and any services provided on the Site. In the event of any conflict between the Agreement and any other agreement or understanding related to the Site, this Agreement shall control.
This Agreement may be amended by Emulex from time to time and your only notice of such amendment shall be the posting of the amended Agreement on this Site. You are therefore advised to review the Agreement each time you visit the Site.
Limited Right to Use
The Site and the contents herein are the intellectual property of Emulex and its licensors and are protected by applicable copyright, trademark and other proprietary rights. Viewing, printing or downloading of any content, graphic, form or document from this Site grants you only a limited nonexclusive license for your personal use and does not authorize republication, distribution, assignment, sublicense, sale, preparation of derivative works unless you have received Emulex's express written permission for such use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, not-for-profit use. You may link to this Site, but such linking must be restricted to the Emulex home page only. In order to protect our intellectual property, Emulex does not permit deep linking. All rights not expressly granted herein are reserved by Emulex.
Links to Third Party Web Sites
Emulex may provide links from the Site to third party web sites and also may permit third parties to link to Site ("Other Sites"). Content on Other Sites are not under Emulex's control and Emulex is not responsible for such content. If Emulex provides a link to the Other Site it is provided only as a convenience to you and should not be implied as an endorsement of another company, web site or product. Links into the Site from the Other Site, especially those links giving you unrestricted access to Emulex software, should not be implied either as a permitted link or an endorsement of another company, web site or product.
Feedback and Unsolicited Submissions
You agree not to download any software from this Site until you read and accept the terms and conditions of the Downloadable Software License Agreement.
THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE).
Limitation of Liability
IN NO EVENT WILL EMULEX BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF EMULEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above exclusion or limitation may not apply to you.
By using this Site, you agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law rules. By using this Site you also agree that all litigation arising out of or in connection with this Agreement shall be brought in the state courts of Orange County, State of California, United States of America, or, for matters involving federal jurisdiction, in the United States District Court for the Southern District of California.