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IMMERSION CORPORATION TERMS OF USE

Welcome to the Immersion Internet Web Site (the "Site"). By accessing the Site, you agree to follow and be bound by these terms and conditions ("Terms of Use") our Privacy Policy , and our Trademarks and Logo Usage Policy (collectively "Conditions of Use"). We may revise any or all of the Conditions of Use at any time without notice to you.

In the case of any violation of these Conditions of Use, Immersion reserves the right to seek all remedies available by law and in equity for such violations. These Rules apply to all visits to the Immersion Site.

  1. Limited License to Use of Materials on the Site.

    You may download, view, copy and print materials, including but not limited to documents and graphics, information and data, you access from the Site ("Content") subject to the following: (a) Content may be used solely for personal, informational, non-commercial purposes; and (b) Content may not be modified or altered in any way. Except where your use constitutes "fair use" under United States copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from this Site in whole or in part without the express authorization of Immersion. In consideration of this authorization, you agree that any copy of Content shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Immersion or any third party. This permission terminates automatically without notice if you breach any of these Terms of Use. Upon termination, you will immediately destroy any downloaded or printed Content.

  2. Restrictions On Use of the Site and Content.

    Prohibited Acts. Concerning your use of the Site or any Content, you agree not to knowingly: (i) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site; (ii) post or transmit to the Site any unlawful, fraudulent, harassing, libelous, or obscene information of any kind; (iii) post or send to the Site any information that contains a virus, bug, or other harmful item; (iv) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Content (other than as expressly permitted herein); (v) post or transmit into or on the Site any information in violation of another party's copyright or intellectual property rights; (vi) take any action which imposes an unreasonable or disproportionately large load on Immersion's infrastructure; (vii) redeliver any of the Content using "framing," hyperlinks, or other technology without Immersion's express written permission; or, (viii) use any device or technology to provide repeated automated attempts to access password-protected portions of the Site.

  3. Limited License to Use Software.

    Any use of software and accompanying documentation you download from the Site is governed by the terms of a written software license agreement between you and Immersion. The terms of such applicable license agreement are (i) those accompanying the software file or (ii) those pursuant to a License Agreement executed by Immersion.

    All right, title and interest not expressly granted is reserved to Immersion.

  4. Compliance With Applicable Laws; Export Control Laws.

    You agree to comply with all applicable governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your use of the Site.

    All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

  5. Intellectual Property.

    The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Immersion or other third parties. You are not permitted to use these Marks without the prior written consent of Immersion or such appropriate third party.

    All Content on the Site is (and shall continue to be) owned exclusively by Immersion or other third parties owners, and is protected under applicable copyrights, patents, trademarks, trade dress, and/or other proprietary rights, and the copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Site.

    If Immersion removes any Content from this site, all licenses granted with respect to the removed Content are immediately terminated.

  6. Access to Password Protected/Secure Areas.

    Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site shall be subject to prosecution.

  7. Passwords and Security.

    You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Immersion immediately of any unauthorized use of your password(s).

  8. Termination of Your Use.

    You agree that Immersion may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Immersion.

  9. General Disclaimer.

    Although Immersion has attempted to provide accurate information on the Site, Immersion assumes no responsibility for the accuracy of the information. Immersion may change the products or services mentioned at any time without notice. Mention of non-Immersion products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

    EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, INCLUDING ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMMERSION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

    IMMERSION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY IMMERSION PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON CONTENT, EVEN IF IMMERSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SITE. To the extent required by law in other jurisdictions, certain of the above liability limitations or warranty exclusions may not apply to you. The parties agree that the warranties and the liability of Immersion would in such case be limited to the greatest extent permitted by law.

  10. Disclosure; Forward-Looking Statements.

    Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Immersion. We wish to caution you that these statements are only predictions and that actual events or results may differ materially from those contained in our projections or forward-looking statements. All statements, other than the statements of historical fact, are statements that may be deemed forward-looking statements, including any projections of earnings, revenues, or other financial matters; any statements of the plans, strategies, and objectives of management for future operations; proposed products or services; any statements regarding future economic conditions or performance; and statements of belief or assumptions underlying any of the foregoing. Immersion's actual results might differ materially from those stated or implied by such forward-looking statements due to risks and uncertainties associated with Immersion's business which include, but are not limited to, delay in or failure to achieve commercial demand for Immersion's expanded technology offerings or a delay in or failure to achieve the acceptance of force feedback as a critical user experience in new and existing markets for our business segments. We refer you to the documents Immersion files from time to time with the Securities and Exchange Commission, specifically, Immersion's most recent Form 10-K, Form 10-Q, and Form 10-Q/A.

  11. Links to Third Party Sites.

    This Site may contain links to third party Internet sites. Your access to any other site linked to this Site is at your own risk, and Immersion is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Immersion provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement of any kind.

  12. General.

    Immersion may make improvements and/or changes in the products, services, programs and prices described in this Site at any time without notice. Any action related to these Terms of Use will be governed by California law and controlling United States federal law. No choice of law rules of any jurisdiction will apply. These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior, contemporaneous, conflicting or additional communications. Immersion has the right to revise these Terms of Use at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Immersion.

  13. Contacting Immersion.

    If you have questions regarding these Terms of Use, please send an e-mail using our online form .

    Questions regarding Immersion products or Immersion company information, please send an e-mail using our online form .