Web Site Agreement

The Performance Technologies World Wide Web site (the "Web site") is an on-line information service provided by Performance Technologies, Inc. By accessing the Web site you agree to be bound by the terms and conditions set forth below and acknowledge that this agreement supersedes any other agreement between you and Performance Technologies. Performance Technologies reserves the right to modify this agreement at any time. Because such modifications become effective immediately upon posting to the Web site, you agree to review this agreement periodically to ensure your continued acceptance of these terms and conditions.

1. The entire contents of this Web site are copyrighted by Performance Technologies under the copyright laws of the United States of America. You may print or download material from this Web site for noncommercial, personal use only provided that you retain all copyright and other proprietary notices contained therein. You may not distribute, modify, transmit, reuse, report, or use the contents of this Web site for public or commercial purposes without the express written consent of Performance Technologies, Inc.

2. While Performance Technologies uses reasonable efforts to ensure accurate and up-to-date information on this Web site, it makes no warranties or representations as to its accuracy. Performance Technologies assumes no liability or responsibility for any errors or omissions in the contents of this Web site.

3. Product descriptions on this Web site identify products, their specifications, and their characteristics, which may be suitable for certain applications. These product descriptions do not constitute an offer to sell or a commitment of present or future availability, and should not be relied upon to state the terms and conditions, including warranties and disclaimers thereof, on which Performance Technologies may sell products. A prospective buyer should exercise its own independent judgment to confirm the suitability of the products for particular applications. Performance Technologies reserves the right to make changes, without notice, to any products or information on this Web site which will, in its sole discretion, improve reliability, function, or design. Performance Technologies does not assume any liability arising out of the application or use of the application or any product described on this Web site; neither does it convey any license under its patent or other intellectual property rights or under others. This disclaimer extends to any prospective buyer, and it includes Performance Technologies' licensee, licensee's transferees, and licensee's customers and users. Availability of some of the products and services described herein may be restricted in some locations.

4. Your use of this Web site is entirely at your own risk. Neither Performance Technologies nor any third party involved in creating or delivering this Web site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to this Web site. Without limiting the foregoing, the contents of this Web site are provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Performance Technologies assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment due to your access to this Web site or your downloading of materials from this Web site.

5. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL PERFORMANCE TECHNOLOGIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION.

6. Any communication or material you transmit to this Web site by electronic mail will be treated as non-confidential and nonproprietary. Furthermore, Performance Technologies is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Web site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

7. Channel7, ComLink, ChanneLink, IPnexus, SEGway, Ziatech and the Performance Technologies logo are trademarks of Performance Technologies, Inc. UNIX is a registered trademark in the United States and in other countries licensed exclusively through X/Open Co. Ltd. Windows NT is a trademark of Microsoft Corp. All other names, products, and services are trademarks or registered trademarks of their respective holders. Nothing contained on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web site without the express written consent of Performance Technologies or such third party that may own the Trademarks displayed on this Web site. Your misuse of the Trademarks displayed on this Web site, or any other content on this Web site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Performance Technologies will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

8. Performance Technologies has not reviewed all of the Web sites linked to this Web site and is not responsible for the contents of any off-site pages. Your linking to any other off-site pages is entirely at your own risk.