Basic Definitions
and Intended Audience:
TSMC may change or update these Terms of Use from
time to time without notice. You agree to be bound
by any such revisions and you agree to periodically
visit this page and review related information to
confirm the then current Terms of Use to which you
are bound. You may view the most current version of
the Terms of Use at anytime by clicking on the
"Terms of Use" hyperlink provided at the bottom of
the pages on this web site. "Site" means this Web
site and other TSMC Web sites that are linked to
this site or affiliated with this site. "Content"
means all or any portion of the technologies,
materials, and services (including all deliverables
provided with the services) found on the Site,
including without limitation all information, data,
text, video, graphics, images, photos, music,
sounds, communications, software, scripts,
libraries, cells, design rules, and spice models.
Content also includes all copies, notes, analyses,
compilations, studies, interpretations, and
summaries of the Content made by or for you. The
Site and Content are intended solely for the lawful
and authorized use of TSMC's customers. The services
offered through the site, along with all other
Content, are not intended for nor offered to
consumers. TSMC controls the Site in whole or in
part from its offices within the Republic of China
(Taiwan). TSMC makes no representation that the Site
or the Content are appropriate or in compliance with
laws or regulations of jurisdictions outside of
Taiwan. Nor does TSMC guarantee access to the Site
or the accuracy or completeness of the Content. You
access the Site and Content at your own risk and are
responsible for compliance with all applicable laws
and regulations. TSMC reserves the right, in its
sole discretion, to refuse or terminate your access
to the Site at any time without notice.
Password Usage:
When you register to use the Site, you will receive
an account and be required to set an account
password. You are entirely responsible for
maintaining the confidentiality of your password and
account. You are also entirely responsible for all
activities that occur under your account. You must
notify TSMC immediately of any unauthorized use of
your account or any other breach of security related
to the Site. If you suspect your password has been
compromised you must immediately change your
password and report the incident to TSMC. You must
not allow any other person or entity to use your
account or password, unless such user is one of your
designated employees. TSMC is not liable for any
loss you may incur as a result of someone else using
your account with or without your knowledge.
However, you are liable for losses incurred by TSMC
or any other party due to someone using your account
or password. You must not use anyone else's account
at any time.
Licensing Terms and
Restrictions on Users:
UNLESS AN EXISTING AGREEMENT BETWEEN YOU AND TSMC
SPECIFIES OTHERWISE, YOUR USE OF THE SITE AND
CONTENT IS SUBJECT TO THE FOLLOWING TERMS AND
RESTRICTIONS:
If you are interested in creating hypertext links to the Site, you must contact TSMC in advance at No. 8, Li-Hsin Rd. 6, Hsin-Chu Science Park, Hsin-Chu, Taiwan 300-77, Republic of China, or via email at online_adm@tsmc.com. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or TSMC.
Trademarks and
Service Marks:
There are a number of proprietary logos, service
marks, trademarks, slogans and product designations
found on the Site. By making them available on the
Site, TSMC is not granting you a license to use them
in any fashion. TSMC and the stylized wafer logo are
registered in Taiwan, the U.S. Patent & Trademark
Office, and other countries. E-Foundry, 1TRAM,
TSMC-YES, TSMC UNIFAB, EMBFLASH, CONSENSYS, and
VIRTUAL FAB are all trademarks of TSMC. Other TSMC
products and services referenced on the Site may
also be TSMC's trademarks or registered trademarks
in Taiwan, or the United States, or in other
countries. The names of other actual products or
services are the property of their respective
owners. No TSMC trademark or service mark may be
used as a hyperlink without TSMC's prior written
permission. You must not register or use a domain
name containing a TSMC trademark or service mark.
Submission of
Information:
Unless an existing agreement between you and TSMC
specifies otherwise, any information or material you
provide to TSMC through the Site will be deemed
nonconfidential, including without limitation any
and all ideas, concepts, know-how, or techniques
included in that information or material
("Nonconfidential Information").
YOU HEREBY GRANT TSMC AN UNRESTRICTED, ROYALTY-FREE,
FULLY PAID-UP, PERPETUAL, WORLDWIDE, AND IRREVOCABLE
LICENSE TO, IN ANY FASHION THAT TSMC MAY CHOOSE, (A)
REPRODUCE, PUBLICLY DISPLAY, PUBLICLY PERFORM,
MARKET, DISCLOSE, MODIFY, CREATE DERIVATIVE WORKS,
TRANSMIT AND DISTRIBUTE THE NONCONFIDENTIAL
INFORMATION IN ANY FORM ON ANY MEDIA OR VIA ANY
ELECTRONIC OR OTHER METHOD NOW KNOWN OR LATER
DISCOVERED, (B) MAKE, HAVE MADE, USE, SELL, OFFER TO
SELL, IMPORT, AND OTHERWISE EXPLOIT THE
NONCONFIDENTIAL INFORMATION IN ANY MANNER AND ON ANY
MEDIA OR VIA ANY ELECTRONIC OR OTHER METHOD NOW
KNOWN OR LATER DISCOVERED, AND (C) SUBLICENSE THE
FOREGOING RIGHTS TO THIRD PARTIES THROUGH ONE OR
MORE TIER OF SUBLICENSES OR OTHER MECHANISMS AS TSMC
MAY CHOOSE.
Protection of TSMC's
Confidential Information:
Unless an existing agreement between you and TSMC
specifies otherwise, all Content on the Site is
deemed confidential, and you will: (i) maintain
Content in strict confidence, (ii) not make use of
Content other than as specified in these Terms of
Use, (iii) release Content only to your employees
who have a need to know the same and who have agreed
in writing to protect the Content under terms at
least as restrictive as those in these Terms of Use,
and (iv) not release or disclose Content to any
third party without TSMC's prior written consent.
Your confidentiality obligations under these Terms
of Use survive any termination or expiration of
these Terms of Use. All Content and any copies of
the Content remain the property of TSMC or its
licensors. Upon termination or expiration of these
Terms of Use, you shall immediately cease using all
Content and return the original and all copies of
Content in all tangible forms, or if stored
electronically in digital form, erase and destroy
all Content so stored and furnish TSMC with a
statement signed by you or your duly authorized
representative stating that all such Content has
been destroyed or erased.
Links to Third Party
Web Sites:
The Site may provide references or links to third
party Web sites or resources. TSMC makes no
representation or warranty as to any third party Web
site or resource, including without limitation any
information, content, products or services available
on or through such site or resource. You acknowledge
and agree that TSMC is not responsible or liable,
directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection
with use of or reliance on any such third party Web
site or resource, including without limitation, any
information, content, products, or services
available on or through any such site or resource.
You acknowledge sole responsibility for, and assume
all risk arising from or related to, your use of any
third party Web site or resources linked to from the
Site or referenced on the Site. References on the
Site to any names, marks, products or services of
any third parties or hypertext links to third party
sites or information are provided solely as a
convenience to you, and do not constitute or imply
an endorsement, sponsorship or recommendation of, or
affiliation with, the third party or its products
and services.
Disclaimer of
Warranty:
TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW,
TSMC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES
REGARDING THE AVAILABILITY, QUALITY, USE,
TIMELINESS, SECURITY, VALIDITY, ACCURACY,
COMPLETENESS, OR RELIABILITY OF, OR THE RESULTS OF
THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT AND
THE SITE. YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL
THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL,
OR USE OF OR ACCESS TO THE SITE OR SERVICES OFFERED
THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. THE
CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN
"AS AVAILABLE" BASIS. TO THE FULLEST EXTENT POSSIBLE
UNDER APPLICABLE LAW, TSMC DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER
VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TSMC
SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF
WARRANTY, OR TO CREATE A WARRANTY OF ANY TYPE.
Limitation of
Liability:
TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW,
TSMC WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF
ANY USE OF, ACCESS TO, OR INABILITY TO ACCESS THE
SITE OR CONTENT, INCLUDING WITHOUT LIMITATION ANY
LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL,
BUSINESS INTERUPTION, AND LOSS OF DATA, EVEN IF TSMC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. TSMC'S TOTAL AGGREGATE LIABILITY TO
YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION,
INCLUDING BUT NOT LIMITED TO THOSE BASED ON
CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE
OF THE SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED
THE AMOUNT YOU PAID TO ACCESS THE SITE AND THE
CONTENT DIRECTLY RELATED TO THE LOSS, DAMAGE, OR
CAUSE OF ACTION. TSMC's liability for damages is
limited and excluded as set forth in this section
even if any exclusive remedy provided in this
Agreement fails of its essential purpose.
Indemnification:
You will indemnify TSMC and hold TSMC harmless from
all liabilities, costs, fees (including without
limitation reasonable legal fees and expenses),
damages, and settlements incurred by TSMC as a
result of TSMC's defense or settlement of any claim
made or action brought against TSMC to the extent
that it is related to or arises out of your use of
the Content or Site in a manner not in accordance
with these Terms of Use. TSMC will promptly notify
you in writing of any such claim or action. You will
provide to TSMC, at your expense, all reasonably
available information and assistance to settle the
claim.
You will defend or settle, at your option and
expense, any claim made or action brought against
TSMC to the extent that it is related to or arises
out of: 1) unauthorized use of your account or
password, 2) any information, material or technology
that you provide to TSMC that infringes or is
alleged to infringe any third party's intellectual
property rights, or 3) any information, material or
technology that you provide to TSMC that causes
damage to TSMC or any third party. Such claim or
action is referred to as a "Claim" in this section.
You will indemnify TSMC and hold TSMC harmless from
all liabilities, costs, fees (including without
limitation legal fees and expenses), damages, and
settlements incurred by TSMC as a result of any
Claim. TSMC will: (i) notify you in writing of the
Claim, (ii) permit you to defend, compromise, or
settle the Claim, and (iii) provide to you, at your
expense, all reasonably available information,
assistance, and authority to defend or settle the
Claim.
Revisions:
TSMC may modify, suspend, withdraw or discontinue,
temporarily or permanently, the Content, in whole or
in part, at any time without notice. You agree that
TSMC is not liable to you or to any third party for
any modification, suspension, withdrawal or
discontinuance of the Content.
Termination:
TSMC, in its sole discretion, may immediately
terminate or restrict your use or access to the Site
(or any Content thereof) with or without cause.
Safe Harbor
Provision:
The Content may contain forward-looking statements
within the meaning of Section 27A of the United
States Securities Act of 1933, as amended, and
Section 21E of the Securities Exchange Act of 1934,
as amended. Such forward-looking statements are made
pursuant to the safe harbor provisions of the
Private Securities Litigation Reform Act of 1995.
These forward-looking statements are not historical
facts and are based on expectations, estimates, and
projections about our industry; our beliefs and
assumptions; and our goals and objectives as of the
date such forward-looking statements are first
posted. Words such as "anticipates", "expects",
"intends", "plans", "believes", "seeks", and
"estimates", and variations of these words and
similar expressions are intended to identify
forward-looking statements. These statements are
only predictions, are not guarantees of future
performance, and are subject to risks,
uncertainties, and other factors, some of which are
beyond our control, are difficult to predict, and
could cause actual results to differ materially from
those expressed or forecasted in the forward-looking
statements. These risks and uncertainties include
those set forth in the Content and in our other SEC
filings, in particular our annual report on Form
20-F. Except as required by law, we undertake no
obligation to update any forward-looking statement,
whether as a result of new information, future
events, or otherwise.
Violations:
Please report any violations of these Terms of Use
to TSMC at online_adm@tsmc.com.
Copyright Notice:
The Site is Copyright 2011
Taiwan Semiconductor Manufacturing Co.,
Ltd., Taiwan R.O.C. All Rights Reserved. Copyright
and other intellectual property laws and treaties
protect the Content.
Claims of Copyright
Infringement:
TSMC respects other's intellectual property rights,
and we ask users of the Site to do the same. If you
believe that your copyrighted work has been
infringed on the Site, please provide written
notification to TSMC's designated copyright agent
(contact information follows). To be effective, your
notice of alleged copyright infringement must meet
the requirements set forth in 17 United States Code
Section 512. You can view the full text of the
copyright law on the U.S. Copyright Office web site
www.copyright.gov. TSMC's designated
copyright agent contact information is provided
exclusively for notifying TSMC of alleged
infringement of your copyrighted materials occurring
on or through the Site. Inquiries of any other
nature to TSMC's designated copyright agent will not
receive a response through this process.
Please make sure your notice to TSMC includes all of the following:
(1) A physical or electronic signature of the
person authorized to act on behalf of the copyright
owner;
(2) An identification of the copyrighted works you
claim have been infringed (if the notice is for
multiple works, then provide a representative list
of those works);
(3) A description of the location on the Site of the
material that you claim to be infringing or the
subject of infringing activity;
(4) Your current address, telephone number, and
email address;
(5) Your statement that you have 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) Your statement that the information in your
notice to TSMC is accurate, and, under penalty of
perjury, that you are the copyright owner or
authorized to act on the copyright owners behalf.
TSMC Designated Copyright Agent:
| Name: | Steven Schulman |
| Address: | Taiwan Semiconductor Manufacturing Company Ltd. |
| No. 8, Li-Hsin Rd. 6, Hsin-Chu Science Park, | |
| Hsin-Chu, Taiwan 300-77, Republic of China | |
| Phone: | 886-3-505-5091 |
| Fax: | 886-3-578-5295 |
| Email: | Steven_Schulman@tsmc.com |