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Terms of Use
Please read the following paragraphs carefully before using this Internet site (the "Site"). By using this Site, you signify your assent to the conditions included in this notice and disclaimer.
Nanosys Inc. ("Nanosys") maintains this Site from its offices in Palo Alto, California, United States of America. Nanosys makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. This notice and disclaimer will be governed by and construed in accordance with the laws of the State of California without giving effect to conflict of laws principle.
Forward Looking Statements
Certain statements in this Site are forward-looking and involve risks and uncertainties. These may be identified by the use of forward-looking words or phrases such as "believe", "expect", "intend", "anticipate", "should", "planned", "forecast", "estimated", and "potential", among others. These forward-looking statements are based on Nanosys' current expectations. The Private Securities Litigation Reform Act of 1995 provides a "safe harbor" for such forward-looking statements. In order to comply with the terms of the safe harbor, Nanosys notes that a variety of factors could cause actual results and experience to differ materially from the anticipated results or other expectations expressed in such forward-looking statements. The risks and uncertainties that may affect Nanosys' operations, performance, development, and results include those risks and uncertainties set forth in our registration statement filed on form S-1 with the Securities and Exchange Commission ("SEC"), as well as other factors that might be described from time to time in Nanosys' filings with the SEC.
Limited Rights to Use of Information
The content (e.g., text, photos and information conveyed therein) of this Site is proprietary to Nanosys. You may download and use Site content for personal, non-commercial use only. You may not, however, distribute, modify, transmit, reuse, repost or use any of such materials for public or commercial purposes without Nanosys' express written permission. All copyright and other proprietary notices contained in downloaded materials must be retained.
You should assume that all contents of the Site are copyrighted unless otherwise noted and may not be used except as provided herein and without Nanosys' express written permission. Neither Nanosys nor any third party has conferred upon you by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright (except as expressly provided herin).
The trademarks, service marks and logos displayed on the Site are registered (where indicated) or unregistered trademarks and/or service marks of Nanosys or of their respective owners. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the trademarks or logos without Nanosys' express written permission. Any misuse of the trademarks or logos on the Site and in its contents is strictly prohibited.
User Submissions
Any communication or material that you transmit to, or post on, the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and nonproprietary information. Nanosys and any of its affiliates may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publications, broadcast and further posting. Further, Nanosys and its affiliates, are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the Site for any purpose whatsoever.
Warranty Disclaimer
NANOSYS PROVIDES THE SITE "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. NANOSYS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NANOSYS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE. NANOSYS DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY REQUESTED EMAIL ALERTS WILL BE DELIVERED IN A TIMELY MANNER. Some jurisdictions do now allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.
Limitation of Liability
IN NO EVENT SHALL NANOSYS BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE (HOWEVER ARISING, INCLUDING BY NEGLIGENCE). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Governing Law
The Terms of Use will be governed by and construed in accordance with the laws of the State of California, as such laws apply to contracts between California residents performed entirely within California. You agree that upon Caliper's request, all disputes arising hereunder will be adjudicated in the state and federal courts having jurisdiction over disputes arising in Santa Clara County, California, and you hereby agree to consent to the personal jurisdiction of such courts. If any provision of the Terms of Use shall be held by a court of competent jurisdiction to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force and effect.
Nanosys may, at any time, revise this notice and disclaimer by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the then-current conditions applicable to your use of this Site.
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