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Terms of Use

IMPORTANT INFORMATION ON TERMS OF USE AND LEGAL RESTRICTIONS

NOTICE: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS ("TERMS"). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

Use of Site. Process Photonics ("PPI") authorizes you to view and download the materials at this Web site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Use of Software. If you download software from this Site ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. If a Software License Agreement does not accompany or is not provided with the Software and the Software is sample or beta code or is provided for evaluation purposes, then contact PPI for the applicable Software License Agreement; in all other cases, read the applicable Software License Agreement. You may not download or install the Software until you have read and accepted the terms of the applicable Software License Agreement.

User Contributions. Any information or material you transmit to this Site is considered non-confidential and non-proprietary ("Communications"). PPI has no obligations with respect to the Communications and PPI is free to copy, disclose, distribute, incorporate, translate and otherwise use the Communications and all data, images, sound, and text for any and all purposes. PPI may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to discussion groups, bulletin boards or other user forums, and the content of any such Communications. PPI, however, has no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

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Your Conduct. In the areas on the Site where users transmit or post Communications, we ask that you do not:

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

• Advertise or offer to sell or buy any goods or services for any business purpose.

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from transmitting or posting Communications.

• Harvest or otherwise collect information about others, including e-mail addresses.

Links To Other Web Sites. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. PPI does not control and is not responsible for any of these sites or their content. Thus, PPI does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

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Disclaimer. THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS." PPI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The contents of this Site could contain technical inaccuracies, typographical errors or out-of-date information. Information may be updated or changed at any time, without notice. Use of the information contained is therefore at your own risk. Warranties for products purchased from PPI are provided in separate documents. Mention of non-PPI products or services is for informational purposes only and constitutes neither an endorsement or a recommendation.

Limitation of Liability. PPI WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENTS OF THIS SITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Applicable Laws. PPI administers this Site from its offices in Ottawa, Ontario, Canada. PPI makes no representation that materials at this Site are appropriate or available for use outside Canada, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations, including, without limitation, Canadian export laws and regulations. If you choose to access this Site from outside Canada, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of Canada and the Province of Ontario, without giving effect to any principles of conflicts of laws.

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Use of Press Materials. If you are a news publication agency, PPI grants to you and you accept from PPI a limited, nonexclusive, world-wide license and right to copy, distribute, publish, modify, and display (collectively, "Use") Copyrightable Works (such as datasheets, images, press materials, white papers and FAQs) that PPI supplies to you through this Web site. A news publication agency is defined as an organization whose primary function is summarizing and analyzing news; published on a regular periodic basis and containing news articles of opinion, features, and advertising. All rights not expressly granted to you are reserved to PPI. Your right to use the Copyrightable Works is limited to Use in trade journals, newspapers, magazines, news publishing websites, and other publications maintained by news publication agencies.

Use Limitation. If you are an entity other than a news publication agency, you agree to notify PPI in writing of:

• Name or description of the requested Copyrightable Work(s).

• Your intended use of the requested Copyrightable Work(s).

• Type and/or name of publication you intend to create.

• Any modifications or alterations you intend to make to the requested Copyrightable Works.

You agree not to use the Copyrightable Works without our prior written approval which may be given or withheld by PPI on a case by case basis. PPI will determine, (1) whether to grant you permission to use the requested Copyrightable Works; (2) whether to impose further limitations or restrictions on your use of such Copyrightable Works; and (3) whether any fees, costs, and/or royalties (collectively, "Fees") shall apply to delivery or Use of such Copyrightable Works.

For example, if you intend to alter one of the Copyrightable Works (and create a derivative work therefrom), PPI may require that you submit your derivative work for our final approval before publishing such derivative work. PPI may also request that you supply us with a copy of your work for our review prior to supplying you with the requested Copyrightable Works. Finally, PPI may limit the geographic scope of your use (i.e., to Canada).

PPI reserves the right to impose further limitations or restrictions that PPI feels are necessary on a case by case basis and you hereby agree to abide by such limitations or restrictions before using such Copyrightable Works.

General. PPI may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

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Trademarks.
"PPI" refers to Process Photonics and all of its subsidiaries, business units, and divisions worldwide. "PPI Trademarks" refers specifically to PPI's registered and non-registered trademarks in Canada and other countries.

The "Process Photonics" corporate logo consists, in part, of the words "Process Photonics" in Tahoma font, Bold typeface.

Other names, logos, icons, and marks identifying PPI products and services referenced herein, including all marks preceded by "PPI", are either trademarks or registered trademarks of PPI and may not be used without the prior written permission of PPI. Other product and company names listed on the PPI website or in printed materials are trademarks or trade names of their respective companies.

Revised March, 2004.

Any rights not expressly granted herein are reserved.

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