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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
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and its member plans. Information on the Site is not intended to
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SECURITIES INFORMATION. This Site and the information contained herein
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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
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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
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"may," "will," "should," "seeks,"
"approximates," "intends," "plans,"
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of Content posted to the Site by visitors or persons other than
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unless Key Electronics expressly states to the contrary in writing.
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EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
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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
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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
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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,
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OR DATA, INTERRUPTION, DOWNTIME, INCORRECT LINKAGE, DELAY, INACCURACY
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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
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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
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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
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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.
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