Terms and Conditions

A. KIOXIA Europe GmbH's General Terms and Conditions of Sale and Delivery (GTCSD)

Last update: 1 January 2022

Dear valued customer,

All sales of KIOXIA Europe GmbH's products are subject to either [i] the terms and conditions of a (framework) agreement, such as Purchase Agreements or Distribution Agreements – if separately agreed between us – or [ii] the GTCSD of KIOXIA Europe GmbH, which can be found below:

(valid from 1 January 2022)

B. Terms and Conditions of Website Use

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

Site contents

The materials made available in this site, including materials in linked sites directly or indirectly accessible from this site, are provided "as is" without warranties of any kind, either express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. This site may also include publications with technical inaccuracies or typographical errors that will be corrected as they are discovered at KIOXIA's sole discretion. In addition, from time to time changes are made to the information contained in the printed versions of such publications. These corrections and changes may be incorporated into this site at an earlier or later date.

Site links

The materials that can be accessed from linked sites are not maintained by us and we are not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.

Liability

Under no circumstances shall we, nor our affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party.

Personal use

You agree to use this site for lawful purposes only. You may download one copy of the information found on this site on a single computer for your personal, non-commercial internal use only. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in anyway exploit copyrighted or proprietary materials available in this site, except as expressly permitted by the respective owner(s) thereof. Use of any software available for downloading from the site is governed by the terms of the applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited.

Indemnity

You agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including legal fees) arising out of your use of this site.

Terms of use

The terms of use shall be governed in accordance with the laws of Germany. Place of jurisdiction shall be Düsseldorf.

Copyrights and trademarks

Materials of this website are copyrighted and are protected by world-wide copyright laws and treaty provisions. No logo, graphic, text, sound or image from this website may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without KIOXIA’s prior written permission. Except as expressly provided herein, KIOXIA does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

KIOXIA, BiCS FLASH, XL-FLASH, XFMEXPRESS, KumoScale, EXCERIA, EXCERIA PRO, TransMemory, TransMemory-EX and FlashAir are either trademarks or registered trademarks of KIOXIA Corporation or one of its subsidiaries.

Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.