Site Usage Agreement

This Agreement sets forth the terms and conditions that govern your access and use of this Web Site and related Internet media properties, including ageia.com and physx.ageia.com.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. AGEIA Technologies MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Limitation of Liability

IN NO EVENT WILL AGEIA TECHNOLOGIES BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED BY IT, OR DOWNLOADED FROM IT, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF AGEIA TECHNOLOGIES OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE WEBSITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, AGEIA TECHNOLOGIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are AGEIA Technologies Inc., its affiliates and subsidiaries or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

Subject to more specific terms on this website, you may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You also grant to AGEIA Technologies the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against AGEIA Technologies for any alleged or actual infringement or misappropriation of any proprietary right in your communications to AGEIA Technologies.

If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please follow the instructions on our Copyrights and Copyright Web page.

Use Of This Site

You understand that, except for information, products or services clearly identified as being supplied by AGEIA Technologies, AGEIA Technologies does not operate, control or endorse any information, products or services on the Internet in any way. Except for AGEIA Technologies identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with AGEIA Technologies. You also understand that AGEIA Technologies cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Any rights not expressly granted herein are reserved.

Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of AGEIA Technologies. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially. AGEIA Technologies may file documents from time to time with the Securities and Exchange Commission. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements. They include, among others, potential fluctuations in quarterly results, retention and dependence on personnel and dependence on market conditions.

Privacy Policy

At AGEIA, your right to privacy and data security is a primary concern. That's why, when you visit ageia.com, we help you maintain control over your personal data on the Internet.

The information you provide will be kept confidential and used to support your customer relationship with AGEIA. Among other things, we want to help you quickly find information on ageia.com and alert you to product upgrades, special offers, updated information and other new products and services from AGEIA. Agents or contractors of AGEIA who have access to your personal information and prospect information are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for AGEIA.

AGEIA has no plans to merge your personal data with any third party at any time. Any email communication you receive from AGEIA can be opted out of at any point.