SF Tech - Sumitomo Metal Fine Technology

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

The smi-fintech.co.jp Web site (the "Web site") is subject to the following terms and conditions ("Terms of Use"). By using the Web site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Web site.

Ownership, Copyright, and Trademark Notices
Sumitomo Metal Fine Technology Co., Ltd. (“SF Tech”) and its affiliates own and operate the Web site. All information, text, graphics, software, and other content that make up the Web site ("Materials") are the property of SF Tech or its licensors. You acknowledge that certain Materials available on the Web site are protected by copyright, trademark, patent, or other intellectual property rights of SF Tech and its licensors. Except as expressly provided, nothing within the Web site or Materials shall be construed as conferring any license under any of SF Tech's or its licensors' intellectual property rights, whether by estoppel, implication, waiver, or otherwise.

SF Tech grants you a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use the Web site and Materials only in the manner presented by SF Tech and as expressly permitted by SF Tech. Except as expressly provided herein, you agree that you will not copy, reproduce, alter, reverse engineer, modify, create derivative works, or publicly display any Materials from the Web site without the prior express written permission of SF Tech. Notwithstanding the foregoing sentence, you may download one copy of any Material expressly designated by SF Tech as downloadable for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any other use of the Materials for any other purpose is a violation of these Terms of Use and SF Tech's or its licensors' copyright and other intellectual property rights. Use of any such Material on any other web site or networked computer environment is strictly prohibited.

Trademarks, Service Marks, and Trade Names
All trademarks, service marks, and trade names appearing in the Web site are the property of SF Tech or the respective owners of such marks or names, and are protected by Japan and international copyright and trademark laws. You agree not to defame or disparage SF Tech and its trademarks, service marks, and trade names, or any other aspect of the Web site or the Materials. Any use of any of the trademarks, service marks, or trade names appearing throughout the Web site without the express written consent of SF Tech or the owner of the mark or name, as applicable, is strictly prohibited.

In using the Web site, you further agree you will: (1) not hold yourself out as in any way sponsored by, affiliated with, or endorsed by SF Tech or its service providers, and (2) not access, copy, or download portions of the Web site that are not intended for the public, including, but not limited to, any software and programs used in connection with the Web site and the Materials.

Any rights not expressly granted in these Terms of Use are reserved.

Spidering, Monitoring, and Interference
You agree you will: (1) not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Web site or the Materials contained herein without the prior express written permission of SF Tech; (2) not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web site; and (3) not take any action that imposes an unreasonable or disproportionately large load on SF Tech’s infrastructure.

Products And Pricing
All products sold as a result of accessing the Web site will be subject to the then current version of SF Tech’s standard terms of sale unless otherwise agreed by SF Tech. You agree that the prices, configurations and availability of the SF Tech products may be subject to change by SF Tech at any time.

Links to other Internet Sites
The Web site may contain links to other internet sites and services that are operated and maintained by third parties. You acknowledge, understand and agree that SF Tech will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other sites.

Links to the Web Site or Materials
Linking to any page of the Web site other than to http://www.smi-fintech.co.jp through a plain text link is strictly prohibited in the absence of a separate linking agreement with SF Tech. Any web site or other device that links to http://www.smi-finetech.co.jp or any page available therein is prohibited from (a) replicating Materials, (b) using a browser or border environment around the Materials, (c) implying in any fashion that SF Tech or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with SF Tech or any of its affiliates, (e) presenting false information about SF Tech products or services, and (f) using any logo or mark of SF Tech or any of its affiliates without express written permission from SF Tech.

Changes
SF Tech reserves the right to modify, suspend, or discontinue any portion of the Web site and Materials at any time, with or without notice. SF Tech reserves the right to modify any part of these Terms of Use at any time. Any modifications shall be effective upon posting to the Web site. You agree to review these Terms of Use periodically so that you are aware of any such modifications. Your continued use of the Web site after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use. If, at any time, the Terms of Use are not acceptable to you, you should immediately cease use of the Web site. You agree that the above-stated standard for notice of modifications is reasonable.

WARRANTY DISCLAIMER
THE WEB SITE AND THE MATERIALS IT CONTAINS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SF TECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY SF TECH, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SF TECH DOES NOT WARRANT THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT SF TECH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

SF TECH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE WEB SITE AND THE MATERIALS; (2) YOUR USE OF THE WEB SITE OR MATERIALS; OR (3) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEB SITE YOU MAY ACCESS THROUGH THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT WILL SF TECH, ITS SUPPLIERS, OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY'S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE WEB SITE, THE MATERIALS IT PROVIDES, OR ANY OTHER HYPERLINKED WEB SITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF SF TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH SF TECH, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS SECTION WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THIS EXCLUSION AND LIMITATION.

Indemnity
You agree to indemnify and hold harmless SF Tech, its suppliers and licensors, their respective officers, directors, employees, agents, and affiliates, and each of them from any third-party claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorneys’ fees) arising out of or related to your use of the Web site or any Materials it contains; your failure to comply with these Terms of Use; your infringement, violation, or misappropriation of any third party rights or any applicable law or regulation.

Jurisdiction
The Web site is controlled and operated by SF Tech from its offices within Osaka, Japan. SF Tech makes no representation that Materials in the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of the Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

General
These Terms of Use shall be governed by, and construed in accordance with, the laws of Japan without regard to its conflicts of law principles. SF Tech's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use shall derogate SF Tech's right to comply with law enforcement requests or requirements relating to your use of the Web site or information provided to or gathered by SF Tech with respect to such use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, and replace all prior or contemporaneous communications, oral or written.

Date Last Modified: August, 2006.