GENERAL TERMS AND CONDITIONS AGREEMENT

FOR USE OF THE KEY ELECTRONICS WEB SITE

PROPRIETARY RIGHTS; USE OF CONTENT. All materials contained in the Key Electronics Web site (“Site”) are protected by law, including but not limited to, United States copyright law. Except as indicated, Key Electronics is the owner of the copyright in the entire Content (as defined below), including images, text and look and feel attributes, of the Site and reserves all rights in that regard. Removing or altering the copyright notice on any materials on the Site is prohibited. Key Electronics owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of Site content. Any commercial use of the Site content is prohibited without the prior written consent of Key Electronics. Except as indicated, Key Electronics or its licensors owns all trademarks, service marks or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law. We grant you a limited, non-exclusive, nontransferable right to access the Site in accordance with this Agreement.
NO SOLICITATION OR OFFER. This Site is designed to provide general information about Key Electronics, its products and services, and its member plans. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service.
SECURITIES INFORMATION. This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site contains information and press releases about Key Electronics, and although this information was believed to be accurate as of the date prepared, Key Electronics disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" within the meaning of the Private Securities Litigation Reform Act of 1995, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein. "Forward looking statements" may be identified by their use of forward looking and hedging terminology such as "believes," "expects," "anticipates," "may," "will," "should," "seeks," "approximates," "intends," "plans," "estimates," or the negative of these words, or other comparable terminology.
COMMUNICATIONS WITH OUR WEB SITE. Key Electronics welcomes your feedback and suggestions about how to improve our products and services and this Site. By transmitting any suggestions, information, material, or other content (collectively, "Content") to Key Electronics, you automatically grant Key Electronics the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content. Further, Key Electronics is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever, including but not limited to creating and marketing products and/or services using such information. Key Electronics is not responsible and shall not be liable for the contents of Content posted to the Site by visitors or persons other than Key Electronics' employees. Opinions or comments contained in the Content reflect the views of the author and not of Key Electronics, unless Key Electronics expressly states to the contrary in writing.
CONFIDENTIALITY CANNOT BE GUARANTEED. Please be advised that the confidentiality of any communication or material transmitted to Key Electronics via www.keyelectronics.com or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number. Any communication or material you transmit to Key Electronics via the Site or Internet electronic mail is transmitted by you on a non-confidential basis.
DISCLAIMER OF WARRANTIES. THE SITE, ITS CONTENT AND SERVICES AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED TO YOU AND ANYONE ELSE ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. KEY ELECTRONICS, ITS LICENSORS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KEY ELECTRONICS, ITS LICENSORS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, USEFULNESS, COMPLETENESS, EFFECTIVENESS OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT IT IS SECURE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO ONE OR MORE OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. YOU UNDERSTAND THAT NEITHER US NOR ANY OF OUR LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, INJURY OR DAMAGE AS A RESULT OF YOUR USE OR MISUSE OF THE SITE OR ANY CONTENT, SERVICE OR INFORMATION AVAILABLE OR NOT AVAILABLE THROUGH IT. IN NO EVENT SHALL KEY ELECTRONICS, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, ANY SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, DAMAGES RESULTING FROM LOST RECORDS OR DATA, INTERRUPTION, DOWNTIME, INCORRECT LINKAGE, DELAY, INACCURACY OR OTHER NONPERFORMANCE, ANY DAMAGES RELATING TO YOUR USE OR RELIANCE UPON THE SITE OR THE CONTENT, SERVICES OR OTHER INFORMATION CONTAINED THEREIN OR WITH REGARD TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, NON-TIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR LICENSORS OR SUPPLIERS. THIS LIMITATION OF DAMAGES SHALL APPLY REGARDLESS OF WHETHER YOU OR ANYONE ELSE HAS ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATION OF LIABILITIES, SO ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to indemnify and hold harmless us and our licensors and suppliers, and our employees, representatives, agents, subsidiaries and affiliates, against any and all claims, suits, actions or other proceedings brought against us made by any third party due to, or arising out of, your use of the Site and any information or content available through it, including any of the services, your violation of this Agreement, or any infringement by you or any other user of your account of any intellectual property rights or the civil and legal rights of any person or entity. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action or proceeding.
LINKS TO OTHER SITES. The Site contains links to third party web sites and are provided solely as a convenience to you and not as an endorsement by us of the content of such third party web sites. We are not responsible for the content of linked third party sites and we do not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access links to third party web sites, you do so at your own risk. Your use of third party web sites are subject to terms and conditions for use of such sites.
MISCELLANEOUS. If any provision(s) is (are) found to be invalid by any court having competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of other provisions of this Agreement. By accessing, viewing, or using the material of this Site, you consent to the jurisdiction of the federal and state courts presiding in New Albany, IN, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Key Electronics from its offices within the United States. Key Electronics makes no representations that materials in this Site are appropriate or available for use in other locations, and access to them from territories where the Site's Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws. This Agreement is governed by the laws of the State of Indiana, without giving effect to any principals of conflicts of law. The information, Content and services available through the Site may be subject to United States Export Controls and must not be downloaded or used by any person in violation of any U.S. law, rule or regulation, nor be exported or re-exported into any embargo country in violation of the U.S. Export Control laws. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
TERMINATION. Key Electronics reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice upon your breach of any provisions of this Agreement.