These Terms of Use govern your access to and use of this website (the “Site”), which is operated by Tessera Defense and Homeland Security Inc. (“Tessera,” “we,” “us” and “our”). By using the Site you agree to these Terms. If you do not agree, do not use the Site.

Changes

We may change these Terms at any time by posting the revised version here. Your continued use of the Site after we do so means you accept the change. We may also change, suspend or discontinue any part of the Site at any time without notice.

Permitted use

You may view, download and print material from the Site for your own information and internal business purposes. You may not do any of the following:

•       copy, republish, distribute, sell or exploit any part of the Site commercially without our written permission;
•       use any automated means to access, scrape or index the Site, except for search engines operating in the ordinary way;
•       attempt to gain unauthorised access to the Site or to any system or network connected to it, or to interfere with its operation or security;
•       use the Site to transmit malicious code, or in any way that is unlawful, fraudulent or misleading;
•       remove or alter any copyright, trademark or other proprietary notice.

Intellectual property

The Site and its contents, including text, graphics, logos, images, video and software, are owned by us or our licensors and are protected by copyright, trademark and other laws. “Tessera,” “Tessera Defense and Homeland Security,” “Zorronet,” “DFSL,” and our logos are our trademarks. Nothing on the Site grants you any licence or right to use them.

Export control and restricted end uses

Our subsidiaries develop and supply detection, security and command and control technologies. Information on the Site is provided for general informational purposes and does not constitute an offer to supply any product or technology to any person or in any country where doing so would be unlawful.

Products and technologies described on the Site may be subject to export control laws, including the U.S. Export Administration Regulations and, in Israel, the Defense Export Control Law, 5767-2007 and the Control of Products and Services Order made under it. You may not export, re-export, transfer or otherwise make available any information obtained from the Site in breach of those laws, and you may not access the Site if you are located in, or are a national or resident of, a country subject to a comprehensive embargo, or if you appear on any restricted party list maintained by the United States, the European Union, the United Kingdom or Israel.

Investor information

Any information on the Site about our securities, financial condition or results is provided for general information only. Our filings with the U.S. Securities and Exchange Commission are the authoritative source, and they are available free of charge at www.sec.gov. Where information on the Site differs from our SEC filings, the filings prevail. See also the disclaimer that appears at the foot of each page of the Site.

Third-party links

The Site may link to websites we do not control. We provide those links for convenience only. We do not endorse those websites, we are not responsible for their content or their privacy practices, and you visit them at your own risk.

No warranties

The Site and its contents are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Site will be uninterrupted, error free, secure or free of harmful components.

Limitation of liability

To the fullest extent permitted by law, neither we nor our directors, officers, employees, agents or subsidiaries will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of or inability to use the Site, whether based in contract, tort, statute or otherwise, even if we have been advised of the possibility of such damages. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Indemnity

You agree to indemnify us and our directors, officers, employees, agents and subsidiaries against any claim, loss, liability, cost or expense, including reasonable legal fees, arising from your use of the Site or your breach of these Terms.

Dispute resolution, arbitration and class action waiver

Please read this section carefully. It affects your legal rights, including your right to bring a claim in court and to participate in a class action.

Any dispute, claim or controversy arising out of or relating to your access to or use of the Site, to these Terms, or to the collection or use of information through the Site, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules then in effect. The arbitration shall take place in Wilmington, Delaware, or, at your election, by videoconference or on documents only. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this section, except that a court shall decide whether the class action waiver below is enforceable.

Class action waiver. You and we each agree that any proceeding will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding. If this waiver is found unenforceable as to any claim, that claim, and only that claim, shall be severed from the arbitration and brought in the courts identified below.

Exceptions. This section does not apply to, and each party retains the right to bring, (a) any claim in small claims court, (b) any claim for injunctive or other equitable relief to protect intellectual property rights or to prevent unauthorised access to or use of the Site, and (c) any claim arising under the federal securities laws of the United States, including the Securities Act of 1933 and the Securities Exchange Act of 1934, or under the rules and regulations made under them, all of which are expressly excluded from this section and may be brought in any court of competent jurisdiction.

Opt out. You may opt out of arbitration and the class action waiver by sending written notice within 30 days of first using the Site to [[email protected]]. Opting out will not affect any other part of these Terms.

Any claim relating to the Site must be brought within one year after it arises, or it is permanently barred, except where a longer period is required by law.

Governing law and jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to their jurisdiction.

General

If any provision of these Terms is held unenforceable, the remainder continues in effect. Our failure to enforce any provision is not a waiver of it. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Site.

Contact

Tessera Defense and Homeland Security Inc., 850 New Burton Road, Suite 201, Dover, Delaware 19904, United States, [[email protected]]