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 WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS - NEC SOLUTIONS (AMERICA), INC.

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE ("TERMS"). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

Use of Site

NEC Solutions (America), Inc. ("NECSAM") 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. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.

User Submissions

Other than personally identifiable information, which is covered under the NECSAM Privacy Policy, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). NECSAM will have no obligations with respect to the Communications. NECSAM and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Links To Other Web Sites

Links to any non-affiliated 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. NECSAM has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, NECSAM 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.

Linking to NECSAM's Site

- may link to, but not copy, any NECSAM Materials;
- should not create a browser or border environment around NECSAM Materials;
- should not imply that NECSAM is endorsing it or its products;
- should not misrepresent its relationship with NECSAM;
- should not present false information about NECSAM products or services;
- should not use NECSAM trademarks or logos without a prior written permission from NECSAM; and
- should not contain content that could be construed as distasteful or offensive

Availability of Products

The products displayed on this Site may not be available for purchase in your particular country or locality. The reference to such products on this Site does not imply or warrant that these products will be available at any particular time in your location.

Disclaimer

THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NECSAM further does not warrant the accuracy and completeness of the materials or services at this Site. NECSAM may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and NECSAM makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local NECSAM business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

IN NO EVENT WILL NECSAM, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. 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.

Indemnity

You hereby expressly agree to indemnify, defend and hold NECSAM and all of its agents, employees, directors, licensors and licensees (collectively, "Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use, or any of the representations, warranties, disclaimers and covenants contained herein. NECSAM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NECSAM.

U.S. Government Restricted Rights

Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 (c) (1-2 ) (June 1987). Government users will receive no greater Limited Rights as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015 (b) (2) (November 1995), as applicable in any technical data at this site.

Equal Opportunity Employer

NECSAM may make employment information available to you through this Site. NECSAM is an equal opportunity employer and it provides equal opportunity to qualified persons without regard to race, color, sex, sexual orientation, creed, religion, marital status, national origin, age, veteran status or disability. We support a drug-free work environment.

Applicable Laws

NECSAM makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, 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 the State of Illinois, without giving effect to any principles of conflicts of laws.

General

NECSAM 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.

Revised September 2002
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