TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS SITE

Acceptance of Terms
Kinetic Systems, Inc., its partners, subsidiaries and affiliates (collectively "Kinetics") makes available for your use on this web site (the "Site") information, documents, software and products (collectively, the "Materials") and various services operated by Kinetics (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing or using this Site, which includes your access to or use of any of the Services, you agree to the Terms of Use. Kinetics reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.  In addition, given the global nature of the Internet, you must comply with all local rules and laws regarding online conduct and acceptable content in your particular jurisdiction.

Copyright; Limited License
The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, Kinetics and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services.

Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of Kinetics.

Use of The software and accompanying documentation that are made available on this Site are the copyrighted work of Kinetics and/or its suppliers. Use of the software is governed by the Terms of Use posted on this site as well as any end-user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end-user license agreement unless you agree to the terms of such end-user license agreement. If you do not agree to such terms, you will not be able to use the software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the software available on the Site.

Use of Site Information
Except as otherwise indicated elsewhere on this Site, you may view, download and print the documents and information available on this Site subject to the following conditions:

·        The documents and information may be used solely for personal, informational, internal, non-commercial purposes.

·        The documents and information may not be modified or altered in any way.

·        The documents and information on the Site may not be distributed.

·        You may not remove any copyright or other proprietary notices contained in the documents and information.

·        Kinetics reserves the right to revoke the authorization to view, download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from Kinetics.

·        The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Use and Protection of Account Number and Password
You are responsible for maintaining the confidentiality of your account number and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Warranties and Disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND KINETICS, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KINETICS MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. KINETICS MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND KINETICS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

KINETICS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL KINETICS OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT KINETICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KINETICS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

This Site contains links to third-party web sites that are not under the control of Kinetics. Kinetics makes no representations whatsoever about any other web site to which you may have access through this Site. When you access a non-Kinetics web site, you do so at your own risk and Kinetics is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. Kinetics provides these links merely as a convenience and the inclusion of such links does not imply that Kinetics endorses or accepts any responsibility for the content or uses of such web sites.

This Site can be accessed from other countries around the world and may contain references to Kinetics products, services, and programs that have not been announced in your country. These references do not imply that Kinetics intends to announce such products, services or programs in your country.

Personal Information and Privacy
To learn about how Kinetics protects your personal information, such as your name and address, refer to our Privacy Statement. Please note that any non-personal information or material sent to Kinetics will generally be deemed to NOT be confidential.

License for User Content
Certain Services offered on this Site accommodate or require user-supplied information, materials or communications (collectively, 'User Content'). Depending upon the nature of the Service, by submitting User Content to this Site you grant Kinetics one of the following two types of licenses:

·        For User Content that is the result of your creative efforts, such as examples of work you have done using Kinetics products, you hereby grant Kinetics a worldwide, royalty-free, non-exclusive license to reproduce and modify (for purposes of formatting, maintenance or Site administration only) such User Content. You also grant Kinetics the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Service. This license will be in effect until such User Content is removed from the Site.

·        For User Content such as comments to Kinetics user-to-user forums, bug reports, piracy reports or product suggestions, you grant Kinetics an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such User Content, and you also agree that Kinetics is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Prohibited Communications
You may only submit to the Site, User Content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may result in limitations on access by you to this Site.

Managing User Content and Communications
Kinetics reserves the right, at its sole discretion, to delete or remove your User Content from the Site and to restrict, suspend or terminate your access to all or part of this Site, at any time for any reason without prior notice or liability.

Kinetics may establish general practices and limits on the use of any Service, including, but not limited to, limits on retention time, file size, and storage space for User Content. Kinetics shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any Service.

Kinetics may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards or other user forums, and (ii) the substance of any User Content.

To the maximum extent permitted by law, Kinetics will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Kinetics also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

User Forums
In addition to these Terms of Use, users of the Kinetics user-to-user forums must agree to a separate legal agreement located within the forums registration area of the Site. Your access to user-to-user forums will be denied for violation of the prohibitions set forth in this Terms of Use under the Section entitled PROHIBITED COMMUNICATIONS.

Notification of Copyright Infringement
Kinetics will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide Kinetics' copyright agent a Notice containing the following elements:

• a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
• a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
• a description of where the material that you claim is infringing is located on the Kinetics Site;
• information sufficient to permit Kinetics to contact you, such as your physical address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Kinetics' copyright agent for Notice of claims of copyright infringement can be reached as follows:

By mail:
Contracts Manager
1635 Market Street, Suite 1500
Philadelphia, PA 19103

By telephone: (215) 656-2500
By E-mail: contractsmanager@kineticsgroup.com

THE COPYRIGHT AGENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO.

Forward-Looking Statements Disclaimer
This Site may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of Kinetics' revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items; (ii) the plans, objectives and/or projections of Kinetics for future operations, including those relating to the products or services of Kinetics; (iii) Kinetics' future economic performance; (iv) assumptions underlying or relating to any of the forgoing statements or information; and (v) any other projections, estimates or forward-looking statements. All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements are based upon, or will be based upon, Kinetics' judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. Kinetics wishes to caution you that such forward-looking statements are only predictions and that actual events or results may differ materially. For further detail and information concerning the forgoing or Kinetics in general, please consult the company's documents and reports now or hereafter on file with the Securities and Exchange Commission, particularly Kinetics' most recent Form 10-K and Form 10-Q Export Control Laws; Notice to U.S. Government Users.

The export and re-export of Kinetics software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, Kinetics software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading a Kinetics software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All Kinetics products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Indemnity
You agree to indemnify and hold Kinetics, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, any User Content), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by Kinetics from its offices within the State of California, United States of America. By accessing this Site, you and Kinetics agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and Kinetics also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California with respect to such matters. Kinetics makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Trademark Information
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Kinetics or other third-parties. You are not permitted to use the Marks without the prior written consent of Kinetics or such third-party, which may own the Marks. Kinetics and the Kinetics logo are trademarks of Kinetics Systems Incorporated.

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