Terms and Conditions

TERMS & CONDITIONS
UPDATED AS AT SEPTEMBER 1, 2021
 
Welcome to the site of Kulicke and Soffa Industries, Inc.
 
Please read the following Website Terms and Conditions carefully (including our Privacy Policy) (collectively, “Website Conditions”) before using this Site (as defined below), so that you are aware of your legal rights and obligations with respect to Kulicke and Soffa Industries, Inc. and its affiliates, as well as its directors, officers or employees (collectively, “K&S”, “we” or “us”). This Site is wholly owned and maintained by K&S.
 
If you do not accept these Website Conditions, please leave this Site and discontinue use of this Site immediately.

1. Agreement 
     1.1 You hereby represent and warrant that:           
          1.1.1 you have read and agree to these Website Conditions and our Privacy Policy; 
          1.1.2 you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions and you are either: 
               1.1.2.1 accessing this Site and contracting in your own personal capacity; or 
               1.1.2.2 accessing this Site and contracting on behalf of a corporate entity. 
          1.1.3  you are authorized to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Website Conditions; and 
          1.1.4 all of the information provided by you to K&S (including without limitation personal particulars and contact information) is accurate and complete. 
     1.2 K&S reserves the right to change, modify, suspend or discontinue the whole or any portion of this Site at any time. K&S may also impose limits on certain features or restrict your access to parts of this Site without notice or liability. 
     1.3 K&S may from time to time vary or amend these Website Conditions. 
     1.4 Any continued use of this Site after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, please leave this Site and discontinue use of this Site immediately. 

2. Definitions 

The following definitions shall apply unless the context does not permit such application:
 
"Content" means materials, information, data, input, text, pictures, graphics, software, messages, comments and other representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer;
 
"Personal Data" means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
 
"Servers" means all software and systems hosting, operating, managing, providing or contributing to this Site and the Services; and
 
"Site" means the website of K&S containing a link to these Website Conditions.
 
3. Online Conduct 
     3.1 You shall comply with these Website Conditions in full, and such other notices or guidelines that may be posted on this Site by K&S or through other electronic communications based on the sole discretion of K&S from time to time. For avoidance of doubt, such additional notices and/or guidelines shall be incorporated by reference into these Website Conditions. 
     3.2 You shall not use any Content for any unlawful purpose, and to comply with all applicable laws and regulations. 
     3.3 You shall not hack into, interfere with, disrupt, disable, data-dump, over-burden or otherwise impair the proper working of this Site or Servers, which shall include but is not limited to denial-of-service attacks, phishing, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming. 

4. Content Use Conditions 
     4.1 You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to any Server, this Site and any Content, unless prior written approval is obtained from K&S. 
     4.2 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Content on another website or server, unless prior written approval is obtained from K&S. 
     4.3 All Content constitute the copyrighted works of K&S and is protected by U.S. and international copyright laws, and K&S reserves and retains all rights in the Content. Use of some Content may be governed by the terms of an accompanying end user license agreement from time to time. 
     4.4 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content available on this Site except under the specific circumstances expressly permitted by law or unless prior written approval is obtained from K&S. 

5. Intellectual Property 
     5.1 The copyright, patents, trademarks, registered designs and all intellectual property rights in this Site and all Content shall vest in and remain with K&S at all times. 
     5.2 The trademarks, logos and service marks ("Marks") displayed on this Site are the property of K&S, and all rights to the Marks are expressly reserved by K&S. You are not permitted to use any Marks without the prior written consent of K&S. K&S shall aggressively enforce its intellectual property rights to the fullest extent permissible under the applicable laws. The name of K&S or any other Marks, or any resemblance thereof, may not be used in any way, including in private publication, private enjoyment, any advertising or publicity, or as a hyperlink without prior written permission of K&S. 

6. Disclaimers and Limitations 
     6.1 While we make every effort to ensure that all Content displayed on this Site is accurate and complete, we provide the Content “as-is” and without warranties of any kind either express or implied. Accordingly, K&S disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, K&S does not warrant that the functions contained in or access to this Site, Content or any other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that this Site, the Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Content in or with any computer will not affect the functionality or performance of the computer. You assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any computer. 
     6.2 K&S does not warrant or make any representations regarding the use or the results of the use of the Content, this Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. Additionally, given that any information contained in or access to this Site, Content or any other content is general in nature and based on authorities that are subject to change, K&S guarantees neither the accuracy nor completeness of any information and is not responsible for any errors or omissions, or for results obtained by others as a result of reliance upon such information. K&S assumes no obligation to inform the reader of any changes in legal, regulatory, accounting or tax laws or regulations or other factors that could affect information contained herein. 
     6.3 The data and information made available on this Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any financial or investment information in this Site are intended to be for your general information only. You should not rely upon such information in making any particular investment or other decision which should only be made after consulting with a fully qualified financial adviser. All information on this Site and all Content are not intended to constitute, nor purport to be, any form of investment advice or any inducement, invitation or recommendation relating to any of the services referred to. 
     6.4 You agree that all statements, information, opinions, materials, Content and other contents on this Site or any other materials provided by K&S should be used, accepted and relied upon only with care and discretion and at your own risk, and K&S shall not assume nor be responsible for any loss, damage or liability incurred by you arising from such use or reliance, in any manner whatsoever. 
     6.5 K&S shall be entitled at any time, at its sole and absolute discretion and without prior notice to: 
          6.5.1 add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of this Site without assigning any reason; and/or 
          6.5.2 disrupt access to or the operation of this Site and, in such occurrence, K&S shall not be liable for any loss, liability or damage which may be incurred by you as a result. 
     6.6 In no event shall K&S be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use the Content and/or this Site. 
     6.7 Under no circumstances shall K&S be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use the Content and/or this Site, even if K&S or its authorized representative has been advised of, or should have foreseen, the possibility of such damages. 
     6.8 To the maximum extent permitted by applicable law, K&S disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted. 

7. Data Use and Privacy 

You confirm that you have read and agree with our Privacy Policy in full before submitting any personal information or data.
 
8. Jurisdiction 

This Site is controlled by K&S from its office within Singapore. K&S makes no representation that the Content on this Site are appropriate or available for use in other locations, and access to them from territories where their Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The internal substantive laws of the Commonwealth of Pennsylvania shall govern any claim relating to this Site and the Content contained on this Site.
 
9. Indemnity 
     9.1 You agree to indemnify and hold K&S, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities, penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of: 
          9.1.1 your use of this Site; 
          9.1.2 your breach of any Website Conditions; 
          9.1.3 your violation of any rights of another person or entity; and/ or 
          9.1.4 your breach of any statutory requirement, duty or law. 

10 Links to other Websites 

This Site may contain links to websites of third parties. These links are provided solely as a convenience to you. K&S does not control and is not responsible for any of these third party sites or their content. K&S does not endorse these sites or the information that may be found there. If you decide to access any of these third party sites, you do so at your own risk.
 
11. Submissions by Users 

K&S does not want to receive confidential or proprietary information from you through this Site; therefore, any material, information or other communications you transmit or post to this Site will be considered non-confidential and non-proprietary. K&S cannot accept any obligations with respect to your submissions and will be free, subject to our corporate policies, to copy, disclose, distribute, incorporate and otherwise use your submissions for any purpose. We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law. Please refer to our Privacy Policy for more information or contact us at privacy@kns.com. You must not post or transmit to or from this Site any material which is threatening, libelous, defamatory, obscene, pornographic, or otherwise violates any law.
 
12. Severability 

If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted.
 
13. Relationship between Parties 

Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between K&S and you and neither party shall have any authority to bind the other in any way.

14. Waiver 

A failure by K&S to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.