Please read the Mercury Data Exchange Terms of Use carefully before you use the WhyMDE.com Web site in any manner. By using this Web site in any manner you agree to be bound by the terms and conditions set forth in this document. If you do not agree to all of these terms, do not use this Web site in any manner.

The terms are entered into by and between MDE and you. If you are using the services on behalf of your employer, you represent that you are authorized to accept these terms on your employer's behalf.

MDE reserves the right to update the Terms of Use at any time without notice. If we make any substantial changes to these terms we will notify you by posting a prominent announcement on our Web site's front page. Click the "Terms of Use" link located at the bottom of our Web pages to review the most current version of the Terms of Use.

Content Definition
Through its Web site, MDE provides you with access to a variety of resources, including developer tools, download areas and product information ("Content"). The content, including any updates, enhancements, new features, and/or additions is subject to the Terms of Use.

Documents and Images
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this Web site is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Web site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.

Services
Mercury Data Exchange reserves the right at all times to disclose any information as Mercury Data Exchange deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mercury Data Exchanges’ sole discretion.

Links
Please note that while certain web pages may contain links to other related websites, MDE is not responsible for the privacy & security practices or the content of such sites.
 
Software Downloads
Any software that is made available to download from this Web site ("Software") is the copyrighted work of MDE and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement accompanying such software. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement accompanying such software. Except as warranted in the license agreement, Mercury clearinghouse hereby disclaims all Warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether Implied or Statutory, Fitness For A Particular Purpose, Title And Non-infringement.

Member Account, Password and Security
If any of the Services available through this Web site require you to open an account; you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also have to choose a password and a user name or be assigned a username and password. You are entirely responsible for maintaining the confidentiality of your password and account. You agree to notify Mercury Data Exchange immediately of any unauthorized use of your account or any other breach of security.

Mercury Data Exchange will not be liable for any loss that you may incur. However, you could be held liable for losses incurred by Mercury Exchange or another party due to someone else using your account or password.

Disclaimer of Warranty
THE CONTENT AND SERVICES FOUND ON THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT A WARRANTY OF ANY KIND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND SERVICES IS BORNE BY YOU SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND NOTMDE ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. IN SOME JURISDICTIONS THIS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION.

Termination
MDE reserves the right to terminate your access to any or all of this Web site at any time, without notice, for any reason whatsoever. Upon such termination, you must not attempt to access this Web site and you must immediately destroy all copies of Content and Services obtained from this Web site.