Terms & Conditions of Use

Welcome to the Netrikon, Inc. Web site (the "Site"). Please carefully read the following terms and conditions (the "Terms of Use") that govern your use of the Site. By accessing, using or downloading information or materials from the Site you accept the Terms of Use. If you are using the Site on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf. If you do not agree to all of these Terms of Use, do not use this Site.

1. Use of Site Information

The information, software, documentation, data, services, logos, trademarks, artwork, text, video, audio, pictures and other materials (collectively, "Materials") contained on the Site are owned by Netrikon and/or its suppliers and are protected by law, including copyright and trademark laws and international treaties. Netrikon and/or its suppliers reserve all rights in the Materials.

Nothing on the Site shall be construed as conferring any license to Netrikon's or its suppliers' intellectual property rights, whether by implication, estoppel or otherwise. Except as provided below, or as specifically permitted in other sections of the Site, you may not reproduce, republish, post, transmit or distribute any Materials on the Site.

You may print or download Materials from the Site for your own personal, informational, educational and other non-commercial purposes only, provided that you include all copyright and proprietary notices originally included with or contained in the Materials in all copies you create. You may not attempt to "pass-off" any of the Materials as your own. You may not post the Materials on any other Web site, or display or distribute the Materials without the express prior written consent of Netrikon.

You may not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the pages on the Site or the content contained therein without Netrikon's prior written permission. You may not spam or send unsolicited e-mail to any other user of the Site for any reason. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Netrikon's IT infrastructure.

2. Communication with Netrikon

By emailing or otherwise transmitting content to Netrikon, you automatically grant (or warrant that the owner of such rights has expressly granted) Netrikon a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, distribute, and make derivative works based on such content in any form, medium, or technology now known or later developed. In addition, you warrant that all moral rights in the content have been waived.

3. Passwords and Security

If you are required to complete a registration process to enter a portion of the Site, you will provide us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Netrikon immediately of any unauthorized use of your account or any other breach of security. Netrikon will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Netrikon or another party due to someone else using your account or password. You may not use anyone else's account at any time, without Netrikon's prior written permission.

4. Termination of Use

You agree that Netrikon may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Netrikon.

5. Links To Third Party Web Sites

Links to third party Web sites on this Site are provided as a convenience to you. Such third party sites are not under Netrikon's control, and Netrikon does not assume any responsibility or liability for any communications or materials available at such linked sites. Netrikon does not intend links on the Site to be referrals or endorsements of the linked entities or their products.

6. Privacy Policy

Netrikon is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at http://www.Netrikon.com/privacy-policy.php.

7. Note About Minors

Minors are not eligible to use the Site, and Netrikon asks that they do not submit any personal information to Netrikon. By using the Site, you represent that you are at least 18 years old.

8. Export Restrictions/Legal Compliance; International Use

Services, content, and product derived or obtained from this Site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use Materials or direct product from this Site to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide services, content, or direct product from this Site to prohibited countries and entities identified in the U.S. export regulations.

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all applicable local laws. We make no representation that the Materials are appropriate or available for use in all locations outside of the United States. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Netrikon business contact for information regarding the products, programs and services that may be available to you.

9. Contact Information

If you have any questions regarding these Terms of Use, please contact Netrikon at legal@Netrikon.com.

10. Disclaimer of Warranty

THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Netrikon's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. Netrikon further does not warrant the accuracy or completeness of the Materials or services at this Site. Netrikon may make changes to the Materials and services at this Site, or to the products and prices described therein, at any time without notice. The Materials and services at this Site may be out of date, and Netrikon makes no commitment to update the Materials and services at this Site. Where applicable law does not allow the exclusion of implied warranties, this exclusion applies to you to the fullest extent permitted by law.

11. Limitation of Liability

IN NO EVENT WILL Netrikon, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR 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 WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Netrikon HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS OR EXCLUSIONS APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify and hold harmless Netrikon and its officers, directors, principals, employees, contractors, agents and affiliates harmless from and against any and all demands, claims, damages, losses, costs and expenses, including, without limitation, reasonable attorneys' fees and costs of suit, arising or resulting from your use or misuse of the Site or Materials.

13. Netrikon Confidential Information

By establishing an account to access Netrikon Connect or Netrikon Support you accept the terms of this paragraph. Materials made available to you by Netrikon through Netrikon Connect or Netrikon Support may constitute Confidential Information of Netrikon. For purposes of this paragraph, Confidential Information means any confidential, proprietary and trade secret information of Netrikon or its subsidiaries, including, without limitation, any user documentation and manuals applicable to Netrikon's products, technical support information, product roadmaps and such other information that is either identified as confidential or is of a nature that a reasonable person would conclude the information is confidential or proprietary information of Netrikon. You agree to keep the Confidential Information strictly confidential at all times. You agree not to use the Confidential Information for any technical, development, support, marketing or other commercial purpose, or disclose, distribute or divulge any of the Confidential Information directly or indirectly to any person or entity, without the prior written consent of Netrikon. In no event shall any Confidential Information be used for product comparisons or benchmarking purposes. No license to any trademark, patent, copyright or other intellectual property right is either granted or implied by Netrikon's disclosure of the Confidential Information. All Confidential Information shall be and remain the sole and exclusive property of Netrikon.

14. General Terms and Conditions

14.1 The Terms of Use constitute the entire agreement between you and Netrikon relating to their subject matter, and cancel and supersede any prior versions of the Terms of Use. No modification of these Terms of Use will be binding, unless in writing and signed by an authorized Netrikon representative. You also may be subject to additional terms and conditions that may apply when you use Netrikon or third-party products or services.

14.2 Rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.

14.3 The Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning Netrikon's roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and Netrikon's ability to compete in a highly competitive and rapidly changing marketplace. For a detailed listing of the potential factors affecting Netrikon's business and these forward-looking statements, please refer to Netrikon's periodic reports on Forms 10-Q and 10-K that are filed with the Securities and Exchange Commission.

14.4 Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.

© 2011 Netrikon, Inc. All Rights Reserved. Revised: November 24, 2010