Applied Plasmonics - Terms of Use

1. ACCEPTANCE OF TERMS
1.1 Read these Applied Plasmonics website Terms of Use ("Terms") carefully before You ("You") accept these Terms by using the Applied Plasmonics website ("Website"). If You do not agree to all of these terms, do not use this Website.

1.2 The Terms are entered into by and between Applied Plasmonics, Inc. ("Applied Plasmonics") and You. Applied Plasmonics provides the Applied Plasmonics.com Website. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the current Website, including the release of new Applied Plasmonics resources.

2. APPLIED PLASMONICS PROPRIETARY RIGHTS
"Applied Plasmonics Trademarks" means all names, marks, brands, logos, designs, trade dress, and other designations Applied Plasmonics uses in connection with Products or Services. Customer may refer to Products and Services by the associated Applied Plasmonics Trademarks, provided that such reference is truthful and not misleading and complies with the then current Applied Plasmonics Trademark and Logo Policies. All other trademarks are the property of their respective owners.

Customer may not (1) remove or alter any Applied Plasmonics Trademarks, (2) co-logo Products or material associated with Customer's, (3) include Applied Plasmonics Trademarks in any metatags on Customer’s website or (4) use any frame-based technology to locate any portion of Applied Plasmonics’ website adjacent to or on the same visual page as any portion of Customer’s website. Customer acknowledges Applied Plasmonics' rights in Applied Plasmonics Trademarks and agrees that any and all use of Applied Plasmonics Trademarks by Customer shall inure to the sole benefit of Applied Plasmonics. Customer agrees not to incorporate any Applied Plasmonics Trademarks into Customer's trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.

3. DISCLAIMER OF WARRANTIES
3.1 YOUR USE OF THE MATERIAL ON THIS SITE IS AT YOUR SOLE RISK. THE MATERIALS AND INFORMATION (AS DEFINED IN SECTION 2.1) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR NON-COMMERCIAL USE ONLY. APPLIED PLASMONICS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. APPLIED PLASMONICS MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. IN NO EVENT WILL APPLIED PLASMONICS OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION FROM APPLIEDPLASMONICS.COM

3.2 APPLIED PLASMONICS MAKES NO WARRANTY THAT: (i) THE MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLIED PLASMONICS WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS WILL BE CORRECTED.

3.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

3.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPLIED PLASMONICS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. APPLIED PLASMONICS EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.

3.5 NO LICENSE TO ANY INTELLECTUAL PROPERTY RIGHTS. THE ACCESSIBILITY OF INFORMATION ON THE APPLIED PLASMONICS WEBSITE DOES NOT CONVEY ANY RIGHT, TITLE, OR LICENSE, IN OR TO ANY INTELLECTUAL PROPERTY RIGHTS OF APPLIED PLASMONICS.

3.6 AGREEMENT TO NOT REVERSE ENGINEER. YOU EXPLICITLY UNDERSTAND AND AGREE THAT YOU WILL NOT UNDERTAKE, OR ASSIST ANY OTHER PERSON OR ENTITY TO REVERSE ENGINEER, DESIGN AROUND, OR OTHERWISE DUPLICATE APPLIED PLASMONICS PRODUCTS AND/OR TECHNOLOGY.

4. LIMITATION OF LIABILITY
YOU AGREE TO HOLD APPLIED PLASMONICS HARMLESS FROM, AND YOU COVENANT NOT TO SUE APPLIED PLASMONICS FOR, ANY CLAIMS BASED ON USING THE WEBSITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

5. INTELLECTUAL PROPERTY RIGHTS
5.1 Permission is granted to display, copy, distribute, and download Applied Plasmonics Materials on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if You breach any of these terms or conditions. Upon termination, You must immediately destroy any downloaded and printed Materials.

5.2 Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

6. APPLIED PLASMONICS PRIVACY POLICY
Applied Plasmonics respects Your desire for privacy. Please see our Privacy Policy for more information.

7. EXPORT CONTROLS
With respect to information on Applied Plasmonics Intranet, You, in the absence of appropriate U.S. government authorization, agree: 1) not to re-export or release any such information consisting of technology, software or source code controlled for national security reasons by the U.S. export control regulations (“EAR”) to a national of EAR country groups d:1 or e:2; 2) not to export the direct product of such technology or such software to EAR country groups d:1 or e:2, if such technology or software and direct products thereof are controlled for national security reasons by the EAR; and 3) in the case of technology controlled for national security reasons under the EAR where the direct product of the technology is a complete plant or component of a plant, not to export to EAR country groups d:1 or e:2 the direct product of the plant or major component thereof, if such direct product is controlled for national security reasons by the EAR, or is subject to controls under the U.S. munitions list. At all times You shall observe all applicable U.S. export control laws with respect to any of Applied Plasmonics confidential information.

8. GENERAL INFORMATION
8.1 Applied Plasmonics controls and operates this Website in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If You use this Website from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

8.2 You acknowledge and agree that Materials may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government.

8.3 You are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material.

8.4 Any material, information, or idea submitted or posted on this Website will be considered non-confidential and non-proprietary. Applied Plasmonics may share or otherwise use your submission for any purpose whatsoever. If any of the information submitted constitutes personal data, you agree that Applied Plasmonics may transmit such personal data across international boundaries for any Applied Plasmonics business purposes. Personal data will be treated as set forth in our Privacy Policy.

8.5 These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications.

8.6 Applied Plasmonics comprises Applied Plasmonics, Inc.

8.7 Changes to these Terms may be made at any time without notice. You are required to check these Terms before using this Website. Users of this site are bound by these Terms. If You do not agree to all of these terms, do not use this Website.