This policy describes:
- The types of information we may collect or that you may provide when you install, access, or use the Maxim Essential Analog (the "App").
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
Who We Are
Maxim Integrated Products, Inc. is made up of different legal entities, details of which can be found here (collectively the "Maxim Group"). This Policy is issued on behalf of the Maxim Group so when we mention, "Maxim", "we", "us" or "our" in this Statement, we are referring to the relevant company in the Maxim Group. Maxim Integrated Products, Inc. ("Maxim") is the Data Controller. This means that Maxim decides how your Personal Data is processed and for what purposes.
This policy applies only to information we collect in this App. This policy does not apply to information that we collect offline or on any other Company apps or websites, including websites you may access through this App.
Our website and other apps have their own privacy policies, which we encourage you to read before providing information on or through them.
Information We Collect and How We Collect It
We collect information from and about users of our App:
- Directly from you when you provide it to us.
- Automatically when you use the App.
When you download, register with, or use this App, we may ask you provide information:
- By which you may be personally identified, such as email, a "Name" or username that you may set for yourself, and other information to provide to the Company.
This information includes:
- Information that you provide by filling in forms in the App. We may also ask you for additional information when you enter a contest or promotion sponsored by us, and/or when you report a problem with the App.
- Records and copies of your correspondence (including email addresses and phone numbers) if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Your search queries on the App.
When you download, access, and use the App, it may use technology to automatically collect:
- Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including but not limited to traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
- Device Information. We may collect information about your mobile device and internet connection, including your phone model, GPS location information, Adobe Analytics ID (for push notifications), and FCM (Firebase Cloud Messaging) token ID (for push notifications).
- Location Information. This App collects real-time information about the location of your device. We use this information to identify what country you live in, and to provide relevant push notifications and personalization.
If you do not want us to collect this information do not download the App or delete it from your device. Further, you may also check the privacy settings on your device to disable location sharing. Note, however, that opting out of the App's collection of location information will disable its location-based features.
Collection Purposes, Use of Data
We have set out below a description of all the ways we anticipate using your collect and use Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. We do not sell users' Personal Data and have not done so in the past 12 months.
|What we collect||How we use it||Why we use it||How long we keep it|
|For Android devices, email is used a unique user identifier.||It is necessary to perform the contract.||This information will be retained so long as the user has the App installed. After removal of the App, this information will be deidentified.|
|Phone Model||To understand which phones users are using, so we may optimize the App for those devices in later iterations.||We have a legitimate business interest to improve our service and better understand how customers use it.||This information will be retained so long as the user has the App installed. After removal of the App, this information will be deidentified.|
|GPS Location||To assist in the delivery of push notifications, and to provide geographically relevant offers to users.||Users consent to provide their location data to Maxim via their App and device settings.
We have a legitimate business interest to understand where our users reside so we can provide relevant offers and services.
|This information will be retained so long as the user has the App installed. After removal of the App, this information will be deidentified. User may also opt out of sharing location data with Maxim via the device settings|
|"Name"||This is a user generated identification to enable the user to engage with the App. You should refrain from including personally identifiable information in your App "Name".||It is necessary to perform the contract.
We have a legitimate business interest to utilize users' App "Names" for App interaction
|This information will be retained so long as the user has the App installed. After removal of the App, this information will be deidentified.|
|MyMaxim Account||If you use the App to log into your MyMaxim account, Maxim will link the App to your MyMaxim account.||Users consent to link their MyMaxim account to the App when the log into the account via the App.||This information will be retained so long as the user has an active MyMaxim account.|
Where We Store and Process Data
We keep data in California and have servers, contractors and employees around the world in various locations.
Disclosures of Personal Data
We are not in the business of selling or renting your information to telemarketers and do not share your Personal Data with others, except as follows:
- We freely share your information with our affiliates if needed to accomplish the purposes described above. You can find our affiliates in our 10-K found here. These affiliates use the data only on our behalf and who have a contractual duty to maintain confidentiality (these parties are processors within the meaning of the GDPR);
- We also share your information with vendors and service providers who use the data only on our behalf and who have a contractual duty to maintain confidentiality (these parties are processors within the meaning of the GDPR);
- We may share your information as required by law or in the interest of protecting or exercising our or others' legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings;
- We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business;
- Also, we reserve the right to fully use and disclose any information collected via the App that does not qualify as Personal Data.
We share your Personal Data within the Maxim Group. This will involve transferring your data outside the European Economic Area ("EEA"), which may include, but is not limited to: Austria, Canada, China, Denmark, Finland, France, Germany, Hong Kong, Hungary, India, Ireland, Israel, Italy, Japan, Korea, Malaysia, Netherlands, Philippines, Poland, Russia, Serbia, Singapore, Spain, Sweden, Switzerland, Taiwan, Thailand, Turkey, United Kingdom, and the United States.
In addition, many of our external third parties are based outside the EEA so their processing of your Personal Data may involve a transfer of data outside the EEA.
Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission (in accordance with article 45 GDPR). Where we use certain service providers or to transfer data within our group, we will use specific contracts approved by the European Commission, which give Personal Data the same protection it has in Europe (in accordance with article 46 GDPR; more information available here).
- Where we use providers based in the US, and they are part of the Privacy Shield, which requires them to provide similar protection to Personal Data shared between the Europe and the US, we will use that as the safeguard to transfer your Personal Data (in accordance with Article 46 GDPR; more information available here).
Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.
Change of Purpose and Further Processing
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your Personal Data for an unrelated purpose, to the extent legally required, we will notify you and we will explain the legal basis that allows us to do so, and will request your consent where legally required.
Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
You may have certain rights pertaining to your Personal Data, which may include access, rectification, erasure, restriction, objection, and data portability. Below we set out your rights under the GDPR (as well as the CCPA where designated below) in more detail. These rights are not absolute and are limited by applicable law. In California, you may authorize an agent to make a request on your behalf under the CCPA.
If you wish to exercise any of these rights, please send an email to firstname.lastname@example.org or call +1 (855) 601-5263. We will endeavor to respond to your request within one month but have the right to extend this period if the request is particularly complex or if you submit a large number of requests. If we extend the response period, we will let you know within one month from your request.
- Access (CCPA): you are entitled to ask us if we are processing your Personal Data and, if we are, you can request access to your Personal Data (commonly known as a "data subject access request").You may also request information about how we collect, use, and disclose Personal Data. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it. Please note that to help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.
- Erasure (CCPA): you are entitled to ask us to delete or remove Personal Data in certain circumstances. It may not always be possible for you to use this right if, for example, if it is still necessary for us to perform under an agreement we have with you or we need to keep the information by law or because of a legal dispute.
- Rectification: you are entitled to ask us to correct inaccurate Personal Data relating to you.
- Restriction: you are entitled to ask us to suspend the processing of certain of your Personal Data, for example if you want us to establish its accuracy or the reason for processing it.
- Portability (CCPA): you may request the transfer of certain of your Personal Data to another party. To help with that you have a right to ask that we provide your information in an easily readable format to you or another company.
- Objection: where we are processing your Personal Data based on a legitimate interest (or those of a third party) you may object to processing on this ground. However, we may be entitled to continue processing your information based on our legitimate interests.
- Withdraw consent: where we are processing your Personal Data on the legal basis of consent, you may withdraw your consent at any time by sending an email to email@example.com. If you no longer want to receive direct marketing communications you can also click the unsubscribe link included in each email we send you. Depending on your device, you may also be able to revoke consent for certain processing activities by changes your device settings (e.g. location data).
- Non-Discrimination (CCPA): We will not discriminate against you for exercising any of your data privacy rights under the GDPR, CCPA, or other data privacy laws. In response to an exercise of data privacy rights, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
What We May Need from You Where Exercising Your Rights
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. Information received from you for verification purposes will only be used to verify your identity. In certain circumstances, we may request a copy of your government identification to assist us in verifying your identity. We may also contact you to ask you for further information in relation to your request to speed up our response.
If you have a complaint about the way we process your Personal Data, we request that you contact us at firstname.lastname@example.org to allow us to solve the complaint. However, you may also have the right to file a complaint with the supervisory authority in the EU Member State where you live or work, or in the EU Member State in which the alleged infringement regarding the processing of your Personal Data took place.
The App is intended for adults. We do not intentionally or knowingly collect, personally-identifiable information from children under the age of 18 and we request that individuals under the age of 18 not submit any Personal Data on the App. If you – as a person with parental responsibility over the child – notice that your child has provided us with Personal Data without your approval (for instance by submitting an incorrect age), you may contact us via email@example.com.
If we find out that we process Personal Data of a minor without approval of the person holding parental responsibility over the minor concerned, we will immediately remove the Personal Data.
We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your Personal Data are set forth above.
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted through our App. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
How to Contact Us
Address: Maxim Integrated Products, Inc., 160 Rio Robles, San Jose, CA 95134
Toll-free Number: +1 (855) 601-5263
Europe, Middle East & Africa, Data Privacy Officer: Harry.Marsden@maximintegrated.com
Americas, Data Privacy Officer: Wendy.SovakSmith@maximintegrated.com
Asia Pacific, Data Privacy Officer: Marc.Salarda@maximintegrated.com
Mobile App End User License Agreement
PLEASE READ THIS MOBILE APP END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING MAXIM'S MOBILE APPLICATION.
This Mobile App End User License Agreement (the "Agreement") is a binding agreement between you & any other entity on whose behalf you accept these terms ("End User" or "you") and Maxim Integrated Products, Inc, a Delaware corporation, located at 160 Rio Roles, San Jose, CA 95134 USA ("Maxim"). This Agreement governs your use of this Maxim Essential Analog application together with all related documentation, (the "App") on any supported mobile platform and device ("Mobile Device").
BY INSTALLING AND USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (C) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT, AND (D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS, JUST AS IF YOU HAD SIGNED IT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE APP.
- License Grant. Subject to the terms of this Agreement, Maxim grants you a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to download, install, and use the App on a single Mobile Device.
- License Restrictions. Licensee shall not copy the App (except as expressly permitted by this license), modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable), of the App, reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof, or remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof.
- Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Maxim reserves and shall retain its entire right, title and interest in and to the App, including all patents, copyrights, trademarks, trade secrets, know-how and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- Updates. Maxim from time to time in its sole discretion may develop and provide App updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates also may modify or delete in their entirety certain features and functionality. You agree that Maxim has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either the App will automatically download and install all available Updates, or you may receive notice of or be prompted to download and install available Updates. Standard rates for data will apply, depending upon your mobile carrier and specific data plan. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
- Term and Termination. The term of this Agreement commences when you install the App and will continue in effect until terminated as set forth in this paragraph. You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device. This Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Maxim reserves the right to block/disable the App immediately and automatically without any notice. Termination will not limit any of Maxim's rights or remedies at law or in equity.
- Disclaimer of Warranties. YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MAXIM, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, MAXIM PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAXIM OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR MAXIM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification. You agree to indemnify, defend, and hold harmless Maxim, its affiliates, and their respective officers, directors, employees, and agents, and the heirs, successors, and assigns of the foregoing, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from claims of third parties relating to your use of the App or your breach of this Agreement.
- Users of the Apple App Store. If you download and use the iOS version of the App from the Apple App Store, you agree to the provisions in this paragraph. You acknowledge that this Agreement is entered into by and between Maxim and you and not with Apple, Inc. The foregoing notwithstanding, you acknowledge that Apple, Inc., and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc., has the right (and is deemed to have accepted the right) to enforce this Agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App. This Agreement incorporates by reference the Licensed Application End User License Agreement (the "Apple Agreement") published by Apple, Inc. (located online at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). For purposes of this Agreement, the App is considered the "Licensed Application" as defined in the Apple Agreement and Maxim is considered the "Application Provider" as defined in the Apple Agreement. If any terms of this Agreement conflict with the terms of the Apple Agreement, the terms of this Agreement shall control unless otherwise required by the Apple Agreement. You further acknowledge and agree that in no event will Apple, Inc., be responsible for any claims relating to the App (including without limitation a third-party claim that the App infringes that third party's intellectual property rights) or your use or possession of the App, including without limitation (i) product liability claims. (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar laws
- Users of the Google Play Store. If you download and use the Android version of the App from the Google Play Store, you agree to the provisions in this paragraph. You acknowledge that this Agreement is entered into by and between Maxim and you, not with Google, Inc. This Agreement incorporates by reference the Google Play Developer Distribution Agreement (the "Google Agreement") published by Google, Inc. (located online at https://play.google.com/about/developer-distribution-agreement.html). If any terms of this Agreement conflict with the terms of the Google Agreement, the terms of this Agreement shall control unless otherwise required by the Google Agreement.
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Governing Law. This Agreement is governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. The parties agree to submit any claim or actions arising from and/or related to this Agreement to the exclusive jurisdiction and venue of the Superior Court of California, Santa Clara County or the United States District Court for the Northern District of California, San Jose Branch and you agree to waive any right to assert the defense of forum non conveniens or to object to such venue in any such proceeding.
- Waiver of Jury Trial. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Each of the parties acknowledges that this section is a material inducement for the other party to enter into this Agreement.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Legal Compliance. You represent and warrant that: (a) you are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) you are not located in a country that has been designated by the United States Government as a "terrorist supporting" country; and (c) you are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the App to or use the App in any such country. The App and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the App. You agree to comply with these laws, restrictions and regulations when downloading or using the App.
- Intellectual Property Rights. In the event of a third-party claim that the App, or your possession and use of the App, infringes third party's intellectual property rights, Maxim will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Consent to Electronic Communications and Solicitation. By downloading the App, you authorize Maxim to send you (including via email and push notifications) information regarding the App, such as: (a) notices about your use of the App, including notices of violations of use and (b) Updates to the App and new features or products. You can review your account notification settings and adjust your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the "Push Notifications" section of the App settings.
- No Included Maintenance and Support. Maxim may deploy changes, updates, or enhancements to the App at any time. Maxim may provide maintenance and support for the App, but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the App.
- Security. The App, like other consumer technologies, may not be 100% secure. By accepting this you acknowledge and accept that the App and any information you download or offer to share by means of the App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your Mobile Device from unauthorized access, including by such means as using complex password protection, two-factor authentication or biometric protection, such as face ID or fingerprint ID, and, for Apple iOS or Android users, enabling device encryption in your settings. You agree that Maxim shall not be liable for any unauthorized access to your Mobile Device or the App data thereon.
- Notice to US Government End Users. If the App installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
- Contact Information. If you have any questions regarding this Agreement, please contact Maxim Integrated Products, Inc. by email at firstname.lastname@example.org, by phone at 1 (408) 601-1000, or by mail at 160 Rio Robles, Attention: Legal, San Jose, CA 95134 USA.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.