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| Web Site Terms of Use |
| PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS,
PLEASE DO NOT USE THE SITE. |
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INTENDED AUDIENCE/USE: |
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Taiwan Semiconductor Manufacturing
Company, Ltd. ( " TSMC® " ) provides this
Web site to you, subject to these Terms of Use. The Terms
of Use may be updated by TSMC from time to time without
notice to you. This Web site and other TSMC Web sites
that are linked to this site or affiliated with this site
(collectively "the Site") and all the information,
communications, software, scripting, photos, text, video,
graphics, music, sounds, images and other materials and
services found on the Site (collectively "Content"),
is intended for the lawful use of TSMC's customers, employees
and members of the general public. The Site is controlled
and operated in whole or in part by TSMC from its offices
within the Republic of China (Taiwan). TSMC makes no representation
that these materials are appropriate or available for
use in locations other than Taiwan. Those who access the
Site from other locations do so at their own risk and
are responsible for compliance with applicable local laws.
You acknowledge that TSMC reserves the right in its sole
discretion to refuse or terminate access to the Site by
you at any time. |
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ACCEPTANCE OF TERMS: |
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You acknowledge you have read, and
agree to be bound by these Terms of Use and to comply
with all applicable laws and regulations, including without
limitation applicable export and re-export control laws
and regulations regarding the transmission of technical
data from the country in which you reside. You further
agree to comply with all local laws, regulations and rules
regarding online conduct and acceptable Content. You represent
you have the legal authority to accept these Terms of
Use on behalf of yourself or any party you represent or
by whom you are employed. IF YOU DO NOT AGREE TO THESE
TERMS, PLEASE DO NOT USE THE SITE. |
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RESTRICTIONS ON USE OF CONTENT: |
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©Copyright 2002-2005 TSMC. All
Rights Reserved. THE UNAUTHORIZED COPYING, DISPLAYING
OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION
OF THE LAW. You acknowledge having been advised by TSMC
that the Content is protected in Taiwan and internationally
by a variety of laws, including but not limited to, copyright
laws and treaty provisions, trademark laws, patent laws,
and other proprietary rights laws (collectively "Rights").
In addition to TSMC's Rights in individual elements of
the Content, TSMC owns a copyright in the selection, coordination
and arrangement of the Content. You are hereby granted
permission to access the Content from the Site in whole
or in part, solely for your personal, non-commercial use
of viewing and browsing through the Site or ordering services
from the Site. This permission terminates automatically
if you breach any of the Web Site Terms of Use. If pursuant
to an authorization from TSMC, you download software from
the Site, the software, including all code, files, images,
contained in or generated by the software, and accompanying
data (collectively, the " Software " ), are
deemed to be licensed to you by TSMC. Neither title nor
intellectual property rights in the Software are transferred
to you, but remain with TSMC, who owns full and complete
title thereto. You may not resell, decompile, reverse
engineer, disassemble, or otherwise convert the Software
to a perceivable form. TSMC does not grant you any permission
to use the Content or Software other than the permission
expressly stated in these Terms of Use. All other use
of Content from the Site, including, but not limited to
uploading, downloading, modification, publication, transmission,
participation in the transfer or sale of, copying, reproduction,
republishing, creation of derivative works from, distribution,
performance, display, incorporation into another web site,
reproducing the Site (whether by linking, framing or any
other method), or in any other way exploiting any of the
Content, in whole or in part, or downloading and using
Software repeatedly for uses other than those expressly
permitted may not be made without TSMC's prior express
written consent. |
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TRADEMARKS AND SERVICE MARKS: |
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There are a number of proprietary logos,
service marks, trademarks, slogans and product designations
found on this Site. By making them available on this Site,
TSMC is not granting you a license to use them in any
fashion. Access to this Site does not confer upon you
any license under any of TSMC's or any third party's intellectual
property rights. TSMC, and the stylized wafer logo are
registered in Taiwan, the US Patent & Trademark Office
and in other countries. E-FoundrySM, 1TRAMSM, TSMC-YESSM, TSMC
UNIFABSM, EMBFLASHSM, CONSENSYSSM, and VIRTUAL FABSM are all trademarks
and/or service marks of TSMC. Other product or service
names 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. |
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SUBMISSION
OF INFORMATION: |
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Do not send any confidential or proprietary
information to TSMC through the Site. Any information
you do send to TSMC through the Site will be deemed NOT
to be confidential ("Non-Confidential Information").
For any Non-Confidential Information you do send, you
hereby grant TSMC an unrestricted, royalty-free, irrevocable
license to use, reproduce, display, perform, modify, transmit
and distribute the Non-Confidential Information, and agree
that TSMC is free to use any ideas, concepts, know-how
or techniques that you send TSMC for any purpose whatsoever
without compensation to you or any other person sending
the Non-Confidential Information. You are prohibited from
posting or transmitting to or from the Site any unlawful,
threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material, or any
other material that could give rise to any civil or criminal
liability under the law. |
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LINKS TO THIRD PARTY WEB SITES:
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This Site a may provide links to other
third-party World Wide Web sites or resources. TSMC makes
no representations whatsoever about any other web site
which you may access through this Site. Because TSMC has
no control over such sites and resources, you acknowledge
and agree that TSMC is not responsible for the availability
of such external sites or resources and is not responsible
or liable for any Content, advertising, products, services
or other materials on or available from such sites or
resources. It is up to you to take precautions to ensure
that whatever you select for your use is free of such
items as viruses, worms, trojan horses and other items
of a destructive nature. References on this 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. TSMC makes no representation or warranty
as to any third party Content, products or services, and
you agree that TSMC shall not be 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 Content, products
or services available on or through any such site or resource.
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DISCLAIMER OF WARRANTY: |
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TSMC DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS,
SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR
THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING,
THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED
TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL,
OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED
"AS IS" AND ON AN "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT
TO 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 ANY WARRANTY.
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LIMITATION
OF LIABILITY: |
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TSMC WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE
INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING
BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS,
OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL
OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES EVEN IF TSMC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. TSMC'S TOTAL 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 THIS SITE,
ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU
PAID TO ACCESS THIS SITE. |
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REVISIONS: |
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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 shall not be
liable to you or to any third party for any modification,
suspension, withdrawal or discontinuance of the Content.
TSMC may at any time revise these Web Site Terms of Use
by updating this posting. By using the Site, you agree
to be bound by any such revisions and you agree to periodically
visit this page to determine the then current Web Site
Terms of Use to which you are bound. |
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TERMINATION: |
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You agree that TSMC, in its sole discretion, may terminate
or restrict your use or access to this Site (or any part
thereof) for any reason, including, without limitation,
that TSMC believes you have violated or acted inconsistently
with the letter or spirit of these Terms of Service. |
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SAFE HARBOR PROVISION: |
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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
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
for fiscal 2001 ended December 31, 2001. 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. |
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GENERAL INFORMATION: |
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The Terms of Use constitute the entire agreement between
you and TSMC and govern your use of the Site, superceding
any prior agreements between you and TSMC relating to
your use of this site. You may also be subject to additional
terms and conditions that may apply when you participate
in a TSMC-sponsored service, or use or download Software.
If any provision of these Web Site Terms of Use is held
to be invalid by any law, rule, order or regulation of
any government or by the final determination of any court,
such invalidity shall not affect the enforceability of
any other provision of the Terms of Use. The failure of
TSMC to exercise or enforce any right or provision of
the Terms of Use shall not constitute a waiver of such
right or provision. By accessing the Site you agree that
the statutes and laws of the Taiwan without regard to
conflicts of laws principles, will apply to all matters
relating to use of the site, and you agree that any litigation
shall be subject to the exclusive jurisdiction of the
courts in HsinChu, Taiwan. You agree that regardless of
any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Site,
or the Terms of Use must be filed within one (1) year
after such claim or cause of action arose, regardless
of whether or not you then became aware of it, or be forever
barred. The section titles in the Terms of Service are
for convenience only and have no legal or contractual
effect. |
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VIOLATIONS: |
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Please report any violations of these
Terms of Use to TSMC.
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