PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below which governs your use of the site and ANY CONTENT, INCLUDING TEXT, DATA, SOFTWARE, INFORMATION, GRAPHICS, AND/OR PHOTOGRAPHS (COLLECTIVELY, THE “MATERIALS”) MADE AVAILABLE BY KOVIO THROUGH THE SITE. IF YOU DO NOT AGREE TO the terms, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM IT.

Intellectual Property Policy/Permitted Use of the Site
This Site is only for your personal use. You may not distribute, reproduce, exchange, modify, display, sell or transmit any Materials you copy from this Site for any business, commercial or public purpose. All Materials on this Site are copyrighted and are protected by worldwide copyright laws and treaty provisions. All copyright and other proprietary notices shall be retained on all reproductions.  Any unauthorized use of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or applicable civil and criminal statutes.

There are a number of proprietary logos, service marks and trademarks found on this Site. By making them available on this Site, Kovio is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Except as expressly provided herein, Kovio and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site and for paying all charges related thereto. When you register on the Site, or when you contact Kovio through the Site for the purpose of receiving products or services, Kovio may collect certain personal information about you. Kovio’s use of such information is governed by the provisions of the Privacy Policy for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of Kovio Site password and you are solely responsible for all activities that occur under your password. You agree to notify Kovio immediately of any unauthorized use of your password or any other breach of security related to the Kovio Site. Kovio reserves the right to require you to change your password if we believe that your password no longer is secure.

Information Presented On Site
While every effort has been made to ensure that the information presented on this Web site is accurate, Kovio assumes no responsibility for errors, omissions, or out-of-date information and shall not be liable in any manner whatsoever for direct, indirect, special, incidental, consequential, punitive, or other damages resulting from the availability of, use of, access of, or inability to use this information.

Information on this Web site is the most recent available on the date it was posted. Kovio specifically disclaims any duty to update. To the extent the information is contained in forward-looking statements, it is intended to fit within the safe harbor for forward-looking information and is subject to industry and financial factors, as well as future events and developments relating to Kovio's business, that could cause actual results to differ from those projected in the forward-looking statements. Kovio reserves the right to modify the content of this Web site in any way, at any time and for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes.

Prohibited Uses of the Site
You agree not to use the Site including any Materials you may obtain through your use of the Site: (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Site or servers or networks connected to the Site. You further agree not to (a) use any data mining, robots, or similar data gathering or extraction methods in connection with the Site; or (b) attempt to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.

Materials and Communications Sent to Us
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). You give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, property rights, publicity rights, rights to credit for material and/or ideas, or any other right, including the right to approve the way Kovio uses such material. Kovio will have no obligations with respect to the Communications.  Kovio 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, and/or any other material that would violate any law.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Kovio anywhere in the world, in any medium, forever. Furthermore, Kovio is free to use, without any compensation, attribution, or approval of, by, or to you, any concepts, ideas, know-how or techniques contained in any Communications you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you agree and understand that Kovio is not obligated to use any such ideas or materials and you have no rights to compel such use.  Any use by Kovio of anything contained within a Communication shall not give rise to any form of liability between you and Kovio, including without limitation any rights in or cause of action sounding in copyright, trademark, patent, or implied contract.

Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Kovio does not cause Kovio to have any special responsibility to you.

Links
This Web site may contain third-party information and links to other non-Kovio Internet sites (hereinafter "Links").   Wherever practical, such information and Links are marked accordingly.  Kovio does not endorse or accept any responsibility for the content, or the use, of Links.  Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Kovio Site. Kovio is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through their website). Links from this Site to any other website do not mean that Kovio approves of, endorses and/or recommends that website. Kovio reserves the right to terminate any link or linking program at any time. Kovio disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.

Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.

A website that links to this Site:

1. may link to, but shall not replicate, any Materials (including any Kovio logo);
2. shall not create a browser or border environment around any Materials;
3. shall not imply that Kovio endorses such website or any products, services, or content available through such website;
4. shall not misrepresent its relationship with Kovio;
5. shall not present false or misleading information about Kovio, its products, or its services;
6. shall not contain content that could be construed as distasteful, offensive, or controversial; and
7. shall contain only content that is appropriate for all age groups.

Products and Services
The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. Please contact us to inquire about the availability of specific products and services in your area.

Online pricing, specifications and availability
Prices, specifications and availability of products are subject to change without notice. Kovio is not liable for any typographical, photographic or specification error in product, pricing and/or offers which are all subject to correction and modification.

Software
Software made available for downloading from or through this Site is licensed subject to the terms of the applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited.

WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. KOVIO HEREBY EXPRESSLY DISCLAIMS ANY ADDITIONAL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

Disclaimer and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY STATED ELSEWHERE ON THIS WEB SITE, KOVIO MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, TRUTH, ACCURACY, COMPLETENESS OR SUITABILITY FOR ANY PURPOSE OF ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEB SITE.  THE INFORMATION AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL KOVIO BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF AMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Kovio further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Kovio may make changes to these materials, or to the products described therein, at any time without notice. Kovio makes no commitment to update Materials.

Indemnification
You agree to indemnify, defend and hold  Kovio and all of its agents, directors, officers, employees, information providers, licensors and licensees, affiliates and subsidiaries, (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. You will cooperate as fully as reasonably required in Kovio’s defense of any claim. Kovio 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 Kovio.

Kovio’s Right to Change These Terms of Use or the Content and Materials on the Site
Kovio modify, add to, change or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any other terms posted on this Site are effective as soon as they are posted. . If you object to any such changes, your sole recourse shall be to cease using the Site. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Kovio may modify, add, change, discontinue, remove or suspend any Materials posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Site and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are in conflict.

General Terms
This Site is controlled by Kovio from its offices within United States. Kovio makes no representation that Materials in the Site are appropriate or available for use in other locations. Access to the Materials in the Site from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside the U.S. do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of California, United States of America. Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms of Use shall continue in full force and effect.  Kovio has taken precautions in the set up and operation of the Site in order to ensure that the Site functions as planned.  However, However, as certain technical matters may be beyond our control, Kovio cannot guarantee that you will have uninterrupted access to the site at all times.

October 2011

© 2011 Kovio, Inc. All rights reserved. Kovio is the registered trademark of Kovio, Inc. in the United States and may be in other jurisdictions. Green Silicon, RF Intelligent Product Code, RFIPC, Building Intelligence Into Everyday Things™ and combinations thereof are trademarks of Kovio, Inc.