Terms of Website and Applications Use

Effective Date: March, 2022

ACCESSING OR USING THE NEXGEN WEBSITE OR NEXGEN MOBILE AND OTHER APPLICATIONS CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE (“TERMS”) AND YOUR AGREEMENT (AND THE AGREEMENT OF ANY ORGANIZATION THAT YOU MAY REPRESENT OR FOR WHICH YOU PROVIDE SERVICES OR OTHERWISE ACT AS AN AGENT) TO BE BOUND LEGALLY BY, AND COMPLY WITH, THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, DO NOT USE NEXGEN SITES (AS DEFINED BELOW).

1. Use of NexGen Website, Mobile and Related Applications.

This website (nexgenpowersystems.com), and any related URLs (or internet and web-based locations and identifiers) and mobile or other NexGen-related applications, are owned and operated by NexGen Power Systems, Inc. (“NexGen”) and all data, information and materials contained herein and therein is subject to applicable copyright, trademark and other laws that restrict your use of the associated content. NexGen authorizes you to view and download the data, information and materials at this website, and any related URLs (or internet and web-based locations and identifiers) and mobile and other NexGen-related applications (collectively referred to herein as the “Site”), only for your personal, non-commercial use. In connection with any use, you must retain all NexGen copyright, trademark and other proprietary notices contained in the original materials that you have viewed or accessed. You may not modify the materials on the Site or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Unless otherwise noted, all data, information and materials appearing on the Site, including the text, site design, trademarks, service marks, graphics, logos, icons and images, audio and video clips, as well as the selection, assembly and arrangement thereof, and all software are exclusively the property of, and copyrighted by, NexGen, or licensed by NexGen, and are protected by U.S. and international copyright laws. All non-NexGen copyrighted materials are the property of their respective owners. For purposes of these Terms, any use of the foregoing materials, without the prior written authorization and consent of NexGen, for any purpose other than the limited purposes described herein is strictly prohibited. If you breach these Terms, your authorization to use the Site, and any data, information or materials contained on the Site, terminates immediately and you must immediately destroy any NexGen or other licensed materials in your possession or control.

2. Third Party Services.

When you access or use the Site, you may also be accessing and using the services and software applications provided or made available by parties other than NexGen, including telecommunications, hosting and cloud services and applications delivered by third parties (any services or applications provided or made available by those third parties being referred to as “Third Party Services”). Your use of any Third Party Services through, or in connection with NexGen Sites, may be subject to independent policies and terms of use, including data usage and other fees and requirements, of those third parties. NexGen makes no representation or warranty, and assumes no liability or responsibilities, regarding the use, safety, security or costs of those Third Party Services or any matters related to, or affecting, the underlying providers of those Third Party Services (notwithstanding your access to or use of those Third Party Services in connection with NexGen Sites), the terms of which may differ significantly from policies made directly applicable by NexGen to the use of its Site.

3. Use of Software.

If you download software from the Site (“Software”), the use of that Software is subject to, and conditioned on your agreement to comply with, the applicable license terms under which the Software is made available.

4. User Submissions.

Any data, information or other communication you submit, transmit or post to or through the Site will be considered non-confidential and non-proprietary (any such data, information or other communication being collectively referred to as “Communications”). NexGen has no obligation or liability regarding the use, storage or distribution of those Communications and may copy, disclose, incorporate and otherwise use and disseminate the Communications, without your permission or any form of payment or license, for any commercial or non-commercial purposes that it desires. You may not submit, transmit or post any unlawful, threatening, defamatory, infringing, obscene, pornographic or other material that would violate any law or cause harm to any person or NexGen’s business reputation. You may not use another person’s name, impersonate another person or misuse a person’s identification to obtain data, information or materials from NexGen or through the Site. NexGen has the absolute and unfettered discretion to make determinations regarding the appropriateness of your use of the Site and any content submitted, transmitted or posted to or through the Site and to terminate, without notice, your right to access or use the Site. Notwithstanding the foregoing, these Terms do not supersede or control the treatment of confidential and proprietary information that is the subject of a separate written agreement with NexGen.

5. Personally Identifiable Information.

NexGen’s Privacy Policy addresses the treatment and terms of use with respect to any personally-identifiable information that you may submit, transmit or post to the Site in connection with the receipt of NexGen products or services. See the “Privacy” link on the Site.

6. Links To Other Websites.

Links made available by NexGen to any third party websites are provided without obligation, without investigation or endorsement by NexGen, without any liability for NexGen and solely as a convenience. Accessing any links will cause you to leave a NexGen Site and will redirect you to another person’s website, applications or services. If you leave or are redirected to a non-NexGen Site, you do so entirely at your own risk, and NexGen assumes no responsibility or liability for malware, viruses, inappropriate content or other harm or damage that could result from your interaction or engagement with any non-NexGen Site. If you link your website, application or other platform to the Site, in addition to the Terms set forth herein, without further express consent or permission from NexGen, you: (i) must ensure that you only link to, but do not replicate or modify, NexGen content; (ii) should not imply that NexGen endorses you or your products or services; (iii) should not misrepresent your relationship with NexGen or publish any false or misleading data, information or materials about NexGen products or services; (iv) should not use any NexGen trademarks, service marks, logos or other copyrighted materials; and (v) should not associate, or link, any content with the NexGen name, products or services that is inappropriate, offensive, distasteful or could harm or damage NexGen’s business or business reputation.

7. Disclaimer.

ACCESS TO AND USE OF ANY NEXGEN SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND. To the full extent permissible by applicable law, NexGen disclaims all representations and warranties of any kind, express or implied, including, but not limited to, implied warranties of noninfringement, merchantability and fitness for a particular purpose, as to the operation of the Site, and the data, information or materials included or offered on the Site. While NexGen seeks to provide accurate data, information and materials on the Site, the data, information and materials contained in the Site may contain technical or other inaccuracies or typographical errors and may be changed or updated without notice. NexGen is under no obligation to update any data, information or other materials on the Site. NexGen does not warrant that the Site will be uninterrupted or error-free. You should consult your NexGen business contact for data, information and materials regarding the products and services that may be available to you, that NexGen sells commercially or that NexGen supports.

8. Limitation of Liability.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL NEXGEN, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF ANY NEXGEN SITE, ANY WEBSITES LINKED TO THE SITE, OR THE DATA, INFORMATION OR MATERIALS CONTAINED OR MADE AVAILABLE AT ANY OR ALL NEXGEN OR NON-NEXGEN SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITTY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF, OR RELIANCE ON, ANY OF THE DATA, INFORMATION OR MATERIALS FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF SYSTEMS, DEVICES, EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Compliance With Laws.

You agree to comply with all U.S and foreign laws, statutes and regulations applicable to your access to, and use of, the Site. NexGen may refer actual or perceived violations of applicable law to appropriate authorities.

10. Governing Laws.

The Site, and all related sites owned or managed by NexGen, are administered by NexGen from Santa Clara, California, United States. NexGen makes no representation or warranty that any of the data, information or materials on the Site are appropriate or available for use outside the U.S. You may not use or export or re-export the data, information or materials at the Site or any copy, extract or other adaptation in violation of any applicable laws or regulations, including U.S. export laws and regulations. If you choose to access or use the Site outside the U.S, you do so at your own risk and subject to your representation to NexGen, upon accessing the Site, that you are, and will remain in, compliance with applicable local laws and regulations with respect to your access to, and use of, the Site. The Terms are governed by the internal laws of the State of California, without giving effect to any principles of conflicts of laws, the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act. The sole jurisdiction and venue for any disputes or matters arising out of your access to or use of the Site shall be the federal or state courts located in Santa Clara County, California and by accessing, and using, the Site you expressly and unconditionally consent to the personal jurisdiction and venue of those courts.

11. General.

NexGen may amend, modify and revise these Terms at any time, without prior notice. Any of those amendments, modifications and revisions may supersede, prevail and replace all or any portion of these Terms and may change your legal rights and obligations to access and use the Site. Because these Terms legally bind you, you should review this page from time to time to review the then-current Terms and any changes that may have been implemented.