TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

The following are terms (“Terms”) of a legal agreement between you and Alien Technology LLC and its affiliates (“ALIEN”). By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these Terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these Terms, do not use this web site.

USE OF INFORMATION.

Subject to these Terms, you may view or print the information in this web site for personal, non-commercial use only. Information from this web site may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of ALIEN. Modification or use of the information for any other purpose violates these Terms and ALIEN’s intellectual property rights. Information may be changed or updated without notice. ALIEN may also make improvements and/or changes in the products and/or the services described in this information at any time without notice. By furnishing information, ALIEN does not grant any licenses to any copyrights, patents or any other intellectual property rights.

INFORMATION YOU PROVIDE.

Information you provide shall be subject to ALIEN’s Privacy Policy in effect on such date.  ALIEN does not want to receive confidential or proprietary information from you through our web site. Please note that any remarks, suggestions, ideas, graphics, or other information or material sent to ALIEN will be deemed NOT to be confidential or proprietary. By sending ALIEN any remarks, suggestions, ideas, feedback, graphics, or other information or material (“Materials”), you grant ALIEN an unrestricted, royalty-free, non-exclusive, perpetual, irrevocable and worldwide license under your intellectual property rights for any purpose to (i) reproduce, prepare derivative matter of, compile, publicly perform, publicly display, demonstrate, market, disclose and distribute the Materials and derivative matter thereof, (ii) make, have made, use, sell, offer to sell, import and otherwise exploit the Materials and derivative matter thereof in any manner and form; and (iii) sublicense the foregoing rights to third parties through multiple tiers of sublicensees. 

TERMS AND CONDITIONS FOR ALIEN PRODUCTS AND SERVICES.

ALIEN’s obligations with respect to its products and services are governed solely by the terms and conditions under which they are provided. If you obtain a product or service from ALIEN that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

TRADEMARKS.

ALIEN, ALIEN TECHNOLOGY, THE ALIEN LOGO, NANOBLOCK, FLUIDIC SELF ASSEMBLY, FSA, SQUIGGLE AND OTHER GRAPHICS, LOGOS, AND SERVICE NAMES USED ON THIS WEB SITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF ALIEN TECHNOLOGY CORPORATION IN THE U.S. AND OTHER COUNTRIES. THE ABSENCE OF A PRODUCT OR SERVICE NAME OR LOGO FROM THIS LIST DOES NOT CONSTITUTE A WAIVER OF ALIEN’s TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS CONCERNING THAT NAME OR LOGO. ALL OTHER PRODUCTS AND COMPANY NAMES MENTIONED 

DISCLAIMER.

THE INFORMATION CONTAINED IN THIS WEB SITE IS PROVIDED BY ALIEN “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH ANY OF YOUR USE OF THIS WEB SITE. 

LIMITATION ON LIABILITY.

AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THIS WEB SITE, YOU AGREE THAT: (I) IN NO EVENT WILL ALIEN OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEB SITE OR ANY SITE LINKED TO THIS WEB SITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THIS WEB SITE; AND (II) THE AGGREGATE LIABILITY OF ALIEN, OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO THE PURCHASE PRICE OF ANY ALIEN PRODUCTS OR SERVICES YOUR PURCHASED IN THE RELEVANT TRANSACTION; AND (III) ALIEN SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ALIEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT AND NOT OF ALIEN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. THERE ARE NO WARRANTIES MADE AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF INFORMATION PUBLISHED BY ALIEN TECHNOLOGY. ALIEN TECHNOLOGY DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE WILL SATISFY YOUR REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR.

TERMINATION.

ALIEN or you may terminate these Terms at any time, for any reason, without notice. Upon termination, you must destroy all information obtained from all this web site and all related documentation and all copies and installations.

GENERAL TERMS.

ALIEN may at any time revise these Terms by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound. You may not assign or otherwise transfer the Terms or any right granted hereunder. California law and controlling U.S. federal law govern any action related to the Terms and/or your use of this web site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and ALIEN agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Santa Clara, California, U.S.A. Rights and obligations under the Terms which by their nature should survive (including without limitation the “INFORMATION YOU PROVIDE,” “DISCLAIMER” and “LIMITATION OF LIABILITY” provisions) will remain in full effect after termination of the Terms. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms 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 will remain in full force and effect. These Terms constitute the entire agreement between you and ALIEN relating to their subject matter. No modification to the Terms will be binding, unless in writing and signed by an Officer of ALIEN.

Dated:  December 17, 2012