Symmetricom : Terms of Use

Welcome to the Symmetricom, Inc. Web Site ("Site"). By using this Site you agree

to comply with and be bound by this Terms of Use Agreement ("Agreement").

Therefore, please review the Agreement carefully. If you do not agree with the

Agreement do not use this Site.

Acceptance. By using this Site, you agree to the terms and conditions of this

Agreement, which constitutes the entire agreement between you and

Symmetricom. This Agreement supersedes all prior and contemporaneous

agreements, representations and warranties and understandings, whether oral

or written, with respect to the Site, the Site contents and any services provided on

the Site. In the event of any conflict between the Agreement and any other

agreement or understanding related to the use of the Site, this Agreement shall

control.

Amendments. This Agreement may be amended by Symmetricom from time to

time and your only notice of such amendment shall be the posting of the

amended Agreement on this Site. You are therefore advised to review the

Agreement each time you visit the Site.

Limited Right to Use. The Site and the contents herein are the intellectual property

of Symmetricom and are protected by applicable copyright, trademark and

proprietary rights. Viewing, printing or downloading of any content, graphic, form

or document from this Site grants you only a limited nonexclusive license for your

personal use and does not authorize republication, distribution, assignment,

sublicense, sale, preparation of derivative works or the right to link to the Site from

another location or any other use unless you have received Symmetricom's

expressed written permission for such use. No part of any content, form or

document may be reproduced in any form or incorporated into any information

retrieval system, electronic or mechanical, other than for your personal, not-for

profit use. You do not acquire any ownership rights to the Site or to any contents

herein. All rights not expressly granted herein are reserved by Symmetricom.

you agree that Symmetricom's privacy policy is part of the Agreement and may be

updated from time to time without specific notice to you.

Licenses. You agree not to download any software from this Site until you

read and accept the terms and conditions of the Downloadable Software License

Agreement. For any products purchased via this website, either directly or by

reference, you will be bound by any end user licenses accompanying the

purchased product.

Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND ALL

WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT

LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF

MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE).

LIMITATION OF LIABILITY. IN NO EVENT WILL SYMMETRICOM BE LIABLE TO

YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL

DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS,

WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,

TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF

SYMMETRICOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the exclusion or limitation of special, incidental, or

consequential damages, so the above exclusion or limitation may not apply to

you.

Governing Law. By using this Site, you agree that this Agreement shall be

governed by and construed in accordance with the laws of the State of California,

United States of America, without regards to its conflict of law rules. By using this

Site you also agree that all litigation arising out of or in connection with this

Agreement shall be brought in the state courts of Santa Clara County, State of

California, United States of America or, for matters involving federal jurisdiction, in

the United States District Court for the Northern District of California.