Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.

MARKEM Corporation ("MARKEM") maintains this web site as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

Copyright and Trademark Information

This web site, and the information which it contains, is the property of MARKEM and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "MARKEM", "Touch Dry" and "SmartDate" are registered trademarks, "CimControl", "Composer", "Cimjet", "LaserSmith", "OptiMark", "Quicklase", "Aqua Plates", and "Ultra Plates" are trademarks of MARKEM under the applicable laws of the United States and other countries.

All other product names are trademarks or registered trademarks of their respective owners.

Use of MARKEM Web Site and Its Content

The information contained in this web site is for general guidance on topics selected by MARKEM. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this web site.

MARKEM may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this web site, you agree to indemnify, hold harmless and defend MARKEM from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web site in violation of these terms.

No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that MARKEM authorizes you to view, copy, download, and print MARKEM documents (such as product manuals, white papers, press releases, data sheets, and FAQs) that are available on this web site, subject to the following conditions:

1.The documents may be used solely for internal, informational purposes.

2.The documents may not be modified.

3.Copyright, trademark, and other proprietary notices may not be removed. Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of MARKEM or such third party that may own the trademark or copyright of material displayed on this web site.

4. If the documents are product manuals, you shall not make more than two (2) copies for each product, to which such product manuals relate, that you have purchased from Markem or an authorized distributor of Markem. In addition, such product manuals shall only be used in connection with the related products that have been purchased from Markem or one of its distributors. All product manuals shall be considered confidential information of Markem and shall not be disclosed to any third party or used for any purpose other than to assist in the operation of the applicable products. Such product manuals shall only be provided to your employees who have a need to use such manuals and who are under an obligation to maintain the materials in confidence.

You may also not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the Service for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

Accuracy of Content and Future Modifications to the Web Site

The information on this web site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors.

MARKEM reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.

Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this web site infringe your copyrights, you may request removal of those materials (or access thereto) from this web site by contacting MARKEM's copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

MARKEM's agent for copyright issues relating to this web site is as follows:

F.DANIEL HENDERSON, CORPORATE SECRETARY, MARKEM CORPORATION, 150 CONGRESS STREET, KEENE, NH 03431, TELEPHONE 603-352-1130, FAX 603-357-1439, dhenderson@markem.com

In an effort to protect the rights of copyright owners, MARKEM maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.

Availability of Products and Services Mentioned

Information that MARKEM publishes on this web site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that MARKEM intends to announce or make available such products or services to the general public, or in your country. Consult your MARKEM account representative to determine which products and services may be available to you.

No Warranties

INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, MARKEM DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Product descriptions , product manuals and specifications are subject to change. MARKEM periodically adds or updates the information and documents on this web site without notice.

It is the user's responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MARKEM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE (INCLUDING ON ANY BULLETIN BOARD), EVEN IF MARKEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MARKEM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $100.

Links to Third-Party Web Sites

This web site may contain links to non-MARKEM web sites. These links are provided to you as a convenience, and MARKEM is not responsible for the content of any linked web site. Any outside web site accessed from the MARKEM web site is independent from MARKEM, and MARKEM has no control over the content of that web site. In addition, a link to any non-MARKEM web site does not imply that MARKEM endorses or accepts any responsibility for the content or use of such a web site.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by MARKEM of that third party or of any product or service provided by a third party.

Jurisdictional Issues

MARKEM makes no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Submissions to MARKEM and Affiliated Servers

From time to time, portions of this web site may allow you to post information which other visitors to this web site will be able to access (such as on a "bulletin board" or during an interactive "chat" with other visitors). In the event that you choose to post information in this context, it becomes generally available to the public, and we have no ability to control or limit its use by visitors to our site. Therefore, we encourage you not to post any information you consider private or sensitive on this web site.

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to MARKEM through this web site is the exclusive property of MARKEM. MARKEM is entitled to use any information submitted for any purpose, without restriction (except as stated in MARKEM's Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to MARKEM and accepts responsibility for its accuracy, appropriateness, and legality.

. You also grant to MARKEM 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 MARKEM for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

Enforcement of Terms and Conditions

These Terms and conditions are governed and interpreted pursuant to the laws of the State of New Hampshire, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Keene, New Hampshire, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator who shall be selected in accordance with such rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction.

Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, MARKEM shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of New Hampshire or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. MARKEM may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by MARKEM, as described above.

For Additional Information

If you have any questions about the rights and restrictions above, please contact MARKEM's Legal Department.