Website Terms of Use

Please read all these Terms of Use (“Terms”) carefully before using this website. Using this web site indicates your agreement and acceptance of these terms. If you do not accept these terms, do not use this web site or download materials from this site.

The Site and its Use

Penguin Edge is a trade name used by SMART Embedded Computing, Inc., and SMART Wireless Computing, Inc., wholly owned subsidiaries of SMART Global Holdings, Inc. The Penguin Edge (“Penguin Edge”) website (“Site”) is owned and provided by Penguin Edge from its worldwide headquarters in Tempe, Arizona. Each Site is provided for your personal information and non-commercial use. Please feel free to browse the Site; however, your access to and use of the Site is subject to these Terms and all applicable laws. You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, violate these Terms, or which, without Penguin Edge’s prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in Penguin Edge’s opinion, restricts or inhibits any other user from using or enjoying the Site is not permitted. You may only use a crawler to crawl this Site as permitted by this Site’s robots.txt protocol and Penguin Edge may block any crawlers in its sole discretion.

The Site contains information and materials, including but not limited to, text, software, photos, video, graphics and audio, (collectively “Materials”) which are derived in whole or in part from information and materials supplied by Penguin Edge and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws. Penguin Edge owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, mirrored, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of Penguin Edge’s or such other sources’ copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other website or networked computer or environment is prohibited without Penguin Edge’s express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.

Privacy Notice

The privacy notice sets out how Penguin Edge, Inc. (“Penguin Edge”, “we”, “us” and “our”) uses and protects any personal information that you give Penguin Edge when you use this website (“Site”).

Security

We are committed to ensuring that your privacy is protected. If we ask you to provide certain information from which you may be identified when using the Site, then you can be assured that it will only be used in accordance with this privacy notice. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interactions with us are no longer secure, please immediately notify us by contacting us at [email protected].

Information Collection and Use

You can visit the Site without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of Site users. In general, we gather information about users of the Site collectively in order to determine, for example, which areas users may access more frequently and which materials users access the most. This information helps us to determine what is most beneficial for our users, and how we can continually create a better overall experience for our users by improving the content of the Site.

Penguin Edge may collect personal information through our “Live chat”, “My Power” Registration or “My Computing” Registration features. This information can include:

Name
Company Name
Email Address
Location
Job Function
Company URL
Telephone number

This information will be shared with Penguin Edge and its affiliated companies when appropriate for business purposes. You are not required to provide this information, but without it, Penguin Edge may be unable to respond to your requests through these additional services.

If you submit any personal information about other people to us, you represent that you have the authority to do so and permit us to use their personal information in accordance with this privacy notice.

Customarily, the personal information Penguin Edge obtains is used only to respond to inquiries, to process orders, for product registration or to allow the user to access specific account information. We may also ask you to voluntarily provide us with information for market research such as, your interests, demographics, and experience with our products.

By participating in “live chat” or registering under “My Power“ or “My Computing” you have provided Penguin Edge with permission to submit your information to Penguin Edge contracted distributors for any further processing if required (i.e. quote requests, order placement, etc.).

When we share personal information with a Penguin Edge contracted distributor, we require that they first contractually agree to comply with reasonable and appropriate privacy and security standards.

Third Party Websites

This Privacy Notice does not address, and we are not responsible for, the policies and practices of third parties or other organizations that are not Penguin Edge or its affiliated companies. Penguin Edge may provide as a convenience to you, links to websites operated by other entities and persons, but makes no representations or warranties whatsoever, nor does it sponsor or endorse, any other website which you may access through this one.

If you use these websites, you do so at your own risk. Links do not imply that Penguin Edge is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Penguin Edge.

Marketing

We will not sell, distribute or lease your personal information to unrelated third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting.

You can also unsubscribe from Penguin Edge related messages by following the unsubscribe instructions included in each related message sent to you. We will comply with your request(s) to deactivate your subscriptions and your personal information will be deleted from the system within 30 working days.

Site may use “cookies” to provide information on your computer. Cookies are pieces of data that a website can send to your browser, which may then be stored on your computer or device. Cookies may save your preferences while you are at the Site, such as allowing for persistent login on pages that require logging in, and Penguin Edge may use them to provide you with tailored information and tracking as you use the Site services.

By modifying your browser preferences, you may have the choice to accept cookies, to be notified when a cookie is sent, or to reject cookies. The rejection or limitation of cookies by your browser may limit your ability to use the Site.

Cookie Category	Purpose of Cookies
Necessary	Makes Site usable by enabling basic functions like page navigation and access to secure areas of the Site. Site cannot function properly without these cookies.
Preferences	Collects information for storing user preferences.
Statistics	Used to distinguish users, throttle request rates, and page activity.
Marketing	These cookies are used for advertising, audience targeting, and provide a data management platform which enables cookies to capture real time profiling of visitor interests.

Changes

If at any time Penguin Edge changes its privacy commitment, Penguin Edge will post those changes here so that you will know what information Penguin Edge gathers and how Penguin Edge might use that information. We encourage you to periodically review this privacy notice to stay informed about how we collect, use, and share personal information.

Marketing Collateral Notice

This document identifies products, their specifications, and their characteristics, which may be suitable for certain applications. It does not constitute an offer to sell or a commitment of present or future availability, and should not be relied upon to state the terms and conditions, including warranties and disclaimers thereof, on which Penguin Edge may sell products. A prospective buyer should exercise its own independent judgment to confirm the suitability of the products for particular applications. Penguin Edge reserves the right to make changes, without notice, to any products or information herein which will, in its sole discretion, improve reliability, function, or design. Penguin Edge does not assume any liability arising out of the application or use of any product or circuit described herein; neither does it convey any license under its patent or other intellectual property rights or under others. This disclaimer extends to any prospective buyer, and it includes Penguin Edge’s licensee, licensee’s transferees, and licensee’s customers and users. Availability of some of the products and services described herein may be restricted in some locations. While every precaution has been taken to ensure accuracy and completeness in this literature, Penguin Edge assumes no responsibility, and disclaims all liability for damages resulting from use of this information or for any errors or omissions.

Notice

While reasonable efforts have been made to assure the accuracy of this document, Penguin Edge assumes no liability resulting from any omissions in this document, or from the use of the information obtained therein. Penguin Edge reserves the right to revise this document without obligation of Penguin Edge to notify any person of such revision or changes. An electronic version of this material may be read online, downloaded for personal use, or referenced in another document as a URL to a Penguin Edge website. The text itself may not be published commercially in print or electronic form, edited, translated, or otherwise altered without the permission of Penguin Edge. It is possible that this publication may contain reference to or information about Penguin Edge products (machines and programs), programming, or services that are not available in your country. Such references or information must not be construed to mean that Penguin Edge intends to announce such Penguin Edge products, programming, or services in your country.

Limited and Restricted Rights Legend

If the documentation contained herein is supplied, directly or indirectly, to the U.S. Government, the following notice shall apply unless otherwise agreed to in writing by Penguin Edge. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (b)(3) of the Rights in Technical Data clause at DFARS 252.227-7013 (Nov. 1995) and of the Rights in Non-commercial Computer Software and Documentation clause at DFARS 252.227-7014 (Jun. 1995).

Disclaimer

The Site and materials and related communications are provided “as is” without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Penguin Edge also does not warrant the accuracy or completeness of the materials, including but not limited to the reliability of any advice, statement or other information displayed or distributed through the Site. You acknowledge by the use of the Site that any reliance on any such materials, advice, statement or information shall be at your sole risk. Penguin Edge assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any bulletin board and chat room) or your downloading of any materials from the site.

Third Party Content

Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of Penguin Edge.

Limitation of Liability

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site. Under no circumstances will Penguin Edge, its suppliers or other third parties mentioned at, or involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, special, cover, reliance or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the site, any websites linked to the site, or any materials contained at any or all such sites (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to other websites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not Penguin Edge was advised of the possibility of such damages. Penguin Edge shall have no liability or responsibility for any acts, omissions, or conduct of any user or other third party. Penguin Edge’s obligations and responsibilities regarding its products and services are governed solely by Penguin Edge’s Terms and Conditions of Sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available from Penguin Edge.

Information Provided By You

It has been and remains Penguin Edge’s policy not to accept or consider ideas, suggestions or materials other than those that Penguin Edge has specifically requested from you through our Site. Accordingly, Penguin Edge does not want you to, and you should not, send any confidential or proprietary information to Penguin Edge through the Site unless specifically requested by Penguin Edge. Please note that any unsolicited information or material sent to Penguin Edge will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to Penguin Edge (or warrant that the owner of such information and material has expressly granted to Penguin Edge) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Penguin Edge is free to use any ideas, concepts, know-how, or techniques that you send Penguin Edge for any purpose. You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission and agree to indemnify Penguin Edge from any claims resulting therefrom.

Site Changes

Penguin Edge, in its sole discretion, may revise these Terms, Site and Materials without notice at any time; however, Penguin Edge is under no obligation to update Materials. Penguin Edge may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change Penguin Edge makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.

Linking to Site

Anyone linking to any Penguin Edge Site must comply with Penguin Edge’s guidelines for linking to a Penguin Edge Site, which may be requested from Penguin Edge, and all applicable laws.

International Users

The Site is administered by Penguin Edge from its offices in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Consult your local Penguin Edge business contact in this regard. Furthermore, Penguin Edge makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.

General

Choice of Law. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to these Terms; rather these Terms shall be construed, enforced and governed in accordance with California state laws without giving effect to choice of law provisions or to any principles of conflicts of law thereof. Jurisdiction; Venue. The jurisdiction and venue of any action related to these Terms shall be the Superior Court of California for the County of Alameda or the U.S. District Court for the Northern District of California, and you submit yourself to the jurisdiction and venue of such courts. Severability. If any term or provision of these Terms is held to be illegal, invalid, unenforceable or in conflict with any law of any governmental entity with jurisdiction over these Terms, these Terms shall continue in force without such provision or as changed and interpreted to give best effect to the intentions of these Terms.