|Acceptance of Terms||Limitation of Liability|
|Basic Definitions and Intended Audience||Indemnification|
|Licensing Terms and Restrictions on Use||Termination|
|Trademarks and Service Marks||Safe Harbor Provision|
|Submission of Information||General Terms|
|Protection of TSMC's Confidential Information||Violations|
|Links to Third Party Web Sites||Copyright Notice|
|Disclaimer of Warranty||Claims of Copyright Infringement|
and Intended Audience:
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.
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 email@example.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.
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.
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
Links to Third Party
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.
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.
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.
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.
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.
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.
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
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
(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:
|Address:||Taiwan Semiconductor Manufacturing Company Ltd.|
|No. 8, Li-Hsin Rd. 6, Hsin-Chu Science Park,|
|Hsin-Chu, Taiwan 300-77, Republic of China|