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Software License Agreement
Micron Technology, Inc. Software License Agreement.
PLEASE READ THIS LICENSE AGREEMENT (“AGREEMENT”) FROM MICRON TECHNOLOGY, INC. (“MTI”) CAREFULLY: BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE AND ANY RELATED PRINTED MATERIALS (“SOFTWARE”), YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SOFTWARE.
LICENSE: MTI hereby grants to you the following rights: You may use and copy the Software and redistribute it to third parties subject to the terms of this Agreement. You must maintain all copyright notices on all copies of the Software. MTI may make changes to the Software at any time without notice to you. In addition MTI is under no obligation whatsoever to update, maintain, or provide new versions or other support for the Software.
OWNERSHIP OF MATERIALS: You acknowledge and agree that the Software is proprietary property of MTI and is protected by United States copyright law and international treaty provisions. Except as expressly provided herein, MTI does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. You further acknowledge and agree that all right, title, and interest in and to the Software, including associated proprietary rights, are and shall remain with MTI. This Agreement does not convey to you an interest in or to the Software, but only a limited right to use, copy and redistribute the Software in accordance with the terms of this Agreement. The Software is licensed to you and not sold.
DISCLAIMER OF WARRANTY: The Software is provided “AS IS” without warranty of any kind. MTI EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. MTI DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, MTI DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. IN NO EVENT SHALL MTI, ITS AFFILIATED COMPANIES OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
TERMINATION OF THIS LICENSE: MTI may terminate this license at any time if you are in breach of any of the terms of this Agreement. Upon termination, you will immediately destroy all copies the Software.
GENERAL: This Agreement constitutes the entire agreement between MTI and you regarding the subject matter hereof and supersedes all previous oral or written communications between the parties. This Agreement shall be governed by the laws of the State of Idaho without regard to its conflict of laws rules.
CONTACT: If you have any questions about the terms of this Agreement, please contact MTI’s legal department at (208) 368-4500.
By clicking on the Accept button, you agree to the terms of the License Agreement. You must agree to the terms in order to download the software.
Non-Disclosure Agreement
Micron Technology, Inc. NDA Agreement
To access these documents, you must first read and accept Micron's electronic non-disclosure agreement. If the Recipient has a written confidentiality agreement with Micron Technology, Inc. you will need to click "Accept" at the bottom of this page, but the terms of the written confidentiality agreement will apply.
ON-LINE NONDISCLOSURE AGREEMENT THIS IS A LEGAL AGREEMENT BETWEEN YOU OR THE COMPANY YOU REPRESENT (EACH A "RECIPENT") AND MICRON TECHNOLOGY, INC. ("MTI") STATING THE TERMS AND CONDITIONS THAT GOVERN THE CONFIDENTIALITY OF INFORMATION POSTED TO OR MADE AVAILABLE THROUGH THE MICRON WEBSITE. PLEASE CAREFULLY READ THIS NONDISCLOSURE AGREEMENT ("AGREEMENT") BEFORE CLICKING "ACCEPT" AT THE BOTTOM OF THE PAGE. BY CLICKING ON"ACCEPT", RECIPIENT IS AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF RECIPIENT DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, PRESS "DECLINE" AND RECIPENT WILL BE UNABLE TO ACCESS CONFIDENTIAL INFORMATION.
1. Written Nondisclosure Agreement. If Recipient and MTI have entered into a written confidentiality agreement ("Confidentiality Agreement") that is in effect as of the date Recipient enters into this Agreement and such Confidentiality Agreement already applies to and governs the Confidential Information (defined below), then the terms of such Confidentiality Agreement shall apply to and govern Recipient’s obligations concerning such Confidential Information and not the terms of this Agreement.
2. Confidential Information. "Confidential Information" means any information or data posted to or made available through MTI’s secure website that is (i) marked or labeled as "Confidential" or "Proprietary" or with similar designation, or (ii) of a nature that a reasonable person would know such information is confidential. Confidential Information does not include that which:
(i) is proven by Recipient through competent evidence to rightfully have already been in Recipient's possession at the time of disclosure without an obligation of confidentiality;
(ii) is or becomes available to the public through no fault or breach on the part of Recipient;
(iii) is independently developed by Recipient without use of or reference to the Confidential Information;
or (iv) is rightfully obtained from a third party who has the right to transfer or disclose it to Recipient without restriction.
3. Purpose of Disclosure and Restriction on Use. Confidential Information is disclosed hereunder strictly for the purpose of Recipient’s internal evaluation and/or to assist Recipient in the implementation of an MTI device or product into a commercial product ("Purpose"). Recipient shall use the Confidential Information solely in accordance with the terms of this Agreement to accomplish the Purpose and shall make no further use, in whole or in part, of the Confidential Information.
4. Non-Disclosure. Recipient agrees to protect the Confidential Information, using at least the same degree of care it uses to protect its own confidential and proprietary information, but in no case with less than reasonable care. Recipient shall not disclose, publish or disseminate Confidential Information to anyone other than those of its employees, agents, contractors and consultants (collectively "Representatives") who have a need to know the information in order to accomplish the Purpose and who are bound by a written agreement that prohibits unauthorized disclosure or use of Confidential Information on terms no less restrictive and protective than those contained within this Agreement. Recipient will be responsible for any violation of the terms of this Agreement by its Representatives. Recipient may disclose Confidential Information to the extent required by law, provided Recipient shall promptly notify MTI in writing of such requirement to disclose and Recipient shall cooperate with MTI’s efforts to protect the Confidential Information. Recipient shall notify MTI promptly in writing in the event of any disclosure of the Confidential Information which is not authorized under this Agreement.
5. Feedback. Notwithstanding any other provision in this Agreement, if Recipient provides any ideas, suggestions or recommendations to MTI regarding Confidential Information ("Feedback"), MTI is free to use and incorporate such Feedback in MTI’s products, without payment of royalties or other consideration to Recipient, so long as MTI does not infringe Recipient’s patents, copyrights or trademark rights in the Feedback.
6. Copies. Recipient shall not make any copies of Confidential Information except as strictly necessary to carry out the above-stated Purpose. Any copies that are made must be identical to the original, may not be modified, and shall be considered the property of MTI.
7. No License. No Warranty. Except as expressly set forth herein, no license is granted hereunder to any patents, copyrights, mask works, or trademarks either expressly, by implication, estoppel or otherwise. Any such license must be express and in writing from MTI. All Confidential Information shall remain the property of MTI and nothing in this Agreement shall restrict MTI from using, disclosing or disseminating such Confidential Information in any way. CONFIDENTIAL INFORMATION IS DISCLOSED HEREUNDER "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR UTILITY OF SUCH CONFIDENTIAL INFORMATION.
8. Termination of Obligations of Confidentiality. This Agreement will become effective on the date Recipient clicks on "Accept." Notwithstanding any termination of this Agreement, the provisions of this Agreement shall continue for a period of five (5) years from the date of each disclosure of Confidential Information. MTI may terminate this Agreement at any time in its sole discretion upon written notice to Recipient (including such notice transmitted through this secure MTI website or via electronic mail to Recipient).
9. Return of Confidential Information. Within ten (10) business days of MTI’s written request, and at MTI’s option, Recipient shall return or certify to MTI the destruction of the Confidential Information including, without limitation, hard copy and electronic documents and all materials created by Recipient that contain the Confidential Information.
10. Governing Law and Attorneys' Fees. This Agreement shall be governed by the laws of the State of Idaho, U.S.A., excluding its conflict of laws principles. Recipient hereby consents to the personal jurisdiction of the courts of Idaho for any dispute arising out of this Agreement. In the event of any suit, action or proceeding arising out of or relating to this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and reasonable costs incurred.
11. Export. Recipient agrees that Confidential Information, or any portion thereof, shall not be exported or re-exported, directly or indirectly, in any form, except in compliance with the U.S. Export Administration Act and all other applicable export control laws or regulations.
12. Injunctive Relief. Recipient acknowledges and agrees that disclosure of Confidential Information in violation of the terms of this Agreement will cause irreparable harm to MTI for which monetary damages would not be an adequate remedy. Therefore, Recipient agrees that, in addition to any other remedies available to MTI, in the event of any breach or threatened breach of this Agreement, MTI shall be entitled to injunctive relief and Recipient waives any requirement for the posting of a bond in connection therewith.
13. No Implied Waiver. MTI’s failure or delay in exercising any of its rights hereunder will not constitute a waiver of such rights unless expressly waived in writing.
14. General. This Agreement:
(i) may be amended or modified only by an express writing signed by Recipient and an authorized representative of MTI;
(ii) will not be construed as creating any joint venture, partnership or other form of business association between the parties hereto;
(iii) is not assignable or delegable in whole or in part by Recipient without the express written consent of MTI;
(iv) shall inure to the benefit of and be binding upon the parties, their successors, the assigns of MTI and the permitted assigns of Recipient;
and (v) is in the English language only, which language shall be controlling in all respects, and all versions of this Agreement in any other language shall not be binding on the parties hereto.
15. Authorized Signatory. The individual clicking on "Accept" is entering into this Agreement and accessing Confidential Information either (1) as an individual, and hereby agrees that he or she shall be personally liable to MTI if Confidential Information is disclosed or used in a manner not authorized by this Agreement, or (2) on behalf of an employer or other entity, and hereby represents and warrants that he or she has full legal authority to bind such employer or entity to this Agreement and that such employer or entity shall be legally bound by all of the terms and conditions of this Agreement as Recipient hereunder. IF CONFIDENTIAL INFORMATION IS FOR AN EMPLOYER OR ENTITY, BUT YOU DO NOT HAVE THE LEGAL AUTHORITY TO SO BIND SUCH EMPLOYER OR ENTITY, THEN DO NOT ACCESS, VIEW, READ, OR DOWNLOAD IN ANY WAY CONFIDENTIAL INFORMATION, AND DO NOT CLICK ON "ACCEPT."
In order to review documents, you must accept the NDA. If you do not accept these terms, select Decline to exit this menu.
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Export Compliance Certification (ECC)
Micron Technology Inc. ECC Agreement
In furtherance of Micron’s compliance with the requirements of the United States Export Administration Regulations (“EAR”) as administered by the U.S. Department of Commerce, and the regulations of the Office of Foreign Assets Controls (“OFAC”) (31 C.F.R. 500-599) as administered by the U.S. Department of Treasury YOUR COMPANY acknowledges that the access to commodities, software and/or technology (items) that are being provided to them by Micron are subject to these regulations. By executing this Certification, YOUR COMPANY acknowledges and certifies that it will comply with the requirements described herein and accept responsibility for any subsequent transfers of the products, software, or technology (herein referred to as “Items”).
Accordingly, YOUR COMPANY hereby acknowledges and agrees to the following terms and conditions:
YOUR COMPANY will comply with applicable U.S. export control laws, regulations, and requirements.
YOUR COMPANY will not knowingly transfer, export, re-export, or divert any Micron items, directly or indirectly to any person, country, or to any foreign national or resident thereof, without first obtaining, if so required, all export licenses, authorizations and/or approvals from the U.S. Department of Commerce or other appropriate U.S. governmental agencies.
YOUR COMPANY will not export, re-exports and or transfer directly or indirectly any Micron products, software, or technology to sanctioned entities and individuals who are prohibited from receiving U.S. Items and certain other Items or services.
YOUR COMPANY will not export, re-exports and or transfer directly or indirectly any Micron products, software, or technology to these countries: the Crimea Region (including the Donetsk People’s Republic (DNR) and Luhansk People’s Republic (LNR regions), Russia, Belarus, Cuba, Iran, North Korea, and Syria. All sales, exports, re-exports and transfers directly or indirectly to these countries involving Micron Items are prohibited.
YOUR COMPANY will not knowingly engage in activity related to the development, production, use, or maintenance of Weapons of Mass Destruction, as defined by the U.S. Department of Commerce, including without limitation, uses related to nuclear, missile, chemical or biological warfare. Nor will we knowingly transfer, export, or re-export directly or indirectly to any party engaged in such activity.
YOUR COMPANY will not engage in, or knowingly sell to any party engaged in activity related to the development, production, use, or maintenance of any safeguarded or unsafeguarded nuclear fuel facility or components for such facilities as follows: a. Facilities for the chemical processing of irradiated special nuclear or source material; b. Facilities for the production of heavy water; c. Facilities for the separation of isotopes of source and special nuclear material; or d. Facilities for the fabrication of nuclear reactor fuel containing plutonium.
YOUR COMPANY certifies it is not a military entity or end-user and will not transfer, export, re-export, or divert any Micron items, for the production or support of military end uses or for military end users. For purposes of this Agreement, a “military end use” means (i) incorporation of an item into a military item or (ii) any item that supports or contributes to the operation, installation, maintenance, repair, overhaul, refurbishing, development, or production, of military items. A “military end user” is (i) a national armed service (army, navy, marine, air force, coast guard, national guard, or national police); (ii) a government intelligence or reconnaissance organization; or (iii) any person or entity whose actions or functions are intended to support “military end uses.”
YOUR COMPANY certifies will not transfer, export, re-export, or divert any Micron items, for the development, production, use, or maintenance of integrated circuits (ICs) at a semiconductor fabrication facility located in China or Hong Kong. These restrictions also prohibit the use of Micron products, technology and/or services for supercomputing.
By signing this Certification and Agreement, you certify on behalf of YOUR COMPANY not to export, re-export, or transfer Micron Items in violation of any applicable export control laws or regulations, including the laws of the United States. YOUR COMPANY further certifies that it will promptly correct or supplement this Certification if Company is no longer able to make these representations or learns that information changed.
By clicking Accept, you hereby acknowledge and certify your company’s acceptance and agreement hereto and represents that you have full legal authority to bind Company hereto.
Our commitment starts here
At Micron, we realize that addressing the challenges of today’s digital landscape requires steadfast commitment to protecting the trust relationship we have with our customers. We embrace the unpredictability and constant threat to cybersecurity by leveraging the industry standard NIST (National Institute of Standards and Technology) Cybersecurity Framework; ensuring our workforce is trained and ready for any kind of disruption.
We provide transparency about our privacy practices and ensure our customers understand the choices they have regarding their privacy rights and Personal Information.
A comprehensive strategy for maintaining trust
- Cybersecurity
- Logistic Security
- Physical Security
- Business Continuity and Disaster Recovery
- Product Risk Management
- Sourcing Risk Management
Cybersecurity
At Micron, cybersecurity is structured based on the National Institute of Standards and Technology (NIST) Cybersecurity Framework, using it as a capability guide to appropriately staff functional categories for appropriate responses. Reviews of process, procedures, and capabilities are performed on an ongoing basis and incorporate elements of relevant cases.
Logistic Security
Micron is committed to ensuring the efficient flow of cargo by enhancing the integrity and security of Micron goods while in the global supply chain. To demonstrate this commitment, Micron holds certifications in C-TPAT (United States, Tier III) and the AEO (Japan, Taiwan, and China). Micron also works with distribution partners to implement international standards, such as TAPA, at warehousing operations.
Governance
Micron has current certifications in:
- US C-TPAT and AEO programs in Japan, China, and Taiwan
- ISO 9001/IATF 16949
Other internal standards leverage TAPA FSR-TSR protocols.
Physical Security
Micron has a corporate security team that employs industry standards and best practices to ensure the physical safety of our employees, products, and assets. Our Global Security Operations framework includes equal input from all sites, and demonstrates a ‘one mission’ posture to shape the direction and conduct of security globally through evaluation and partnership.
Governance
Micron follows the following standards:
- ANSI/ASIS Security management Standard PAP-1 2012, Security Operations (Programs and Systems)
- ANIS/SHRM Workplace Violence Prevention and Intervention WVPI.1-2011)
- ANSI/ASIS Conformity Assessment and Auditing Management Systems of Private Security Operations PSC2-2012)
- ASIS GDL FPSM-2009 Facilities Physical Security Measures Guideline)
- ASIS Protection of Assets Manual (POA) 2014)
Business Continuity and Disaster Recovery
Business Continuity Plans, Crisis Management Plans, and Disaster Recovery Plans are in place today.
Governance
Micron’s BCP/CM/DR Program follows the industry standard, called the “All Hazards Approach". This means that Micron develops the plans to correctly assess impact, set cadence for meetings with SMEs, make recovery plans, and communicate them to the business and customers.
For more information, visit Business Continuity.
Process Risk Management
As part of our integrated Quality Management System (QMS), we promote risk-based thinking throughout our QMS. Team members are trained and guided in risk management concepts and execution to ensure that the needs and expectations of Micron’s interested parties are protected from risk at all levels of the organization. Risk-based thinking ensures that we consider risk and opportunity in a holistic manner, at all levels of our organization, and on a continual basis, to ensure the continuing suitability of our QMS to deliver its intended results.
Governance
Micron’s QMS is certified to:
- ISO9001:2015
- IATF16949:2016
For more information, visit Quality.
Sourcing Risk Management
Responsible Sourcing:
By communicating our expectations to our suppliers, we strive to have responsible supply chain practices replicated throughout our supply chain. By profiling and managing the relative risks of each of our strategic suppliers, we better ensure that our global operations are prepared for continuous production and product delivery to our customers — while upholding industry and Micron standards relating to sustainability.
For more information, visit Sourcing Responsibly.
Sourcing Risk:
Micron’s supply chain risk and resiliency program has global processes, tools and resources in place that we continue to mature and improve to ensure a resilient, compliant and sustainable supply chain.
For more information, read Sourcing Risk Management.
Micron security resources
Frequently asked questions
- Does Micron physically secure their facilities?
Yes, Micron locations have any combination of the following physical security treatments in place:
- Access car readers
- Security cameras
- Border fencing
- Metal detectors
- X-ray machines
- Restricted on-site camera usage
- Other security measures performed by Security personnel, which include entrance screenings, patrolling, restricted area audits, passive and active monitoring via security cameras
- Does Micron ensure that product has not been tampered with from a security perspective?
Yes. To ensure product is not compromised, Micron uses a combination of physical site security measures and programs at the manufacturing site, the Finished Goods warehouse, with all qualified logistics providers, and depending on product type, there is also tamper-evident features included on the shipping packaging.
- Do you test your plans on a regular cadence?
Yes. Micron tests the plans each year. - Do you use authentic scenarios?
Yes. Micron tests with different scenarios (like earthquakes, cyber, labor, fires, typhoons, etc.) to make sure the plans are effective. - Does Micron use standard BC/CM/DR test?Yes. Micron uses a combination of tabletop, structured, and failover testing methods.
Yes. Micron uses a combination of tabletop, structured, and failover testing methods.
- Does Micron promote risk-based thinking within its team?
Yes. Our Quality Management System (QMS) processes are at the core of what we do at Micron to ensure end-to-end customer satisfaction and product quality. Promoting the use of Risk-Based Thinking throughout our QMS framework creates a global awareness of risk at any level of the organization, from a specific location to the entire corporation. - Does Micron perform process risk management?
Yes. Process risk management at Micron focuses on the identification of risk within the context of the organization, and the mitigation of what could potentially affect the intended outputs of our QMS processes. - Does Micron consider customer expectations when identifying process risk?
Yes. We look at the needs and expectations of our interested parties, and then determine factors that could impact our ability to meet the intended process outputs or our customers’ requirements. Identified risks are scored using industry best practices to determine the severity of the risks relative to process or company objectives. Mitigation plans are developed and implemented when necessary. - Is there a specific role or team at Micron who is accountable for process risk management?
Yes. QMS process owners are accountable for ensuring the process risk management activities are performed.