General

Tornos SA (Tornos) hosts the Tornos Group SA Extranet at which clients and other authorized parties can access company technical, marketing and sales materials. The Tornos Corporate Extranet is provided for the benefit of authorized parties. The Tornos Corporate Extranet provides contractors with secure access to important documents and products. This User Agreement sets forth the terms and conditions governing your access and use of the Tornos Corporate Extranet. You must agree to comply with the applicable terms and conditions of this User Agreement.

Access

By indicating your acceptance of this User Agreement and/or accessing the Tornos Corporate Extranet, you agree to comply with the terms set forth herein. If you do not agree then you may not access the Tornos Corporate Extranet. You will be granted a User ID for access to the Tornos Corporate Extranet. Each User ID may have a different level of access privilege. You agree that your User ID is only for your personal use, and you will not permit anyone else to use your User ID. You are responsible for all access to the Tornos Corporate Extranet through your User ID. If you believe that another party has gained access to your User ID, you must inform Tornos SA immediately. You may not transfer your User ID to anyone else.

You represent and warrant that any information you provide to Tornos SA in order to obtain access to the Tornos Corporate Extranet is complete and accurate. It is your responsibility to inform Tornos SA of any changes to your user information current. Tornos SA reserves the right to suspend user privileges and block access of any user who violates this User Agreement.

Permitted Uses

a. General

Your User ID only allows you to view materials related to your relationship with Tornos SA, and provides no ability to view materials for any other party. You shall not attempt to access or view materials for any other party. If for any reason you obtain access to any materials not related to your relationship with Tornos SA, you shall immediately inform Tornos SA at communications [at] tornos [dot] com and refrain from viewing or downloading such materials.

b. Viewing and Downloading

You have the ability to view and download materials including documents and work product. You must maintain the appropriate level of confidentiality for material that you download from Tornos Corporate Extranet. Tornos SA is not responsible for the security of any material that you download from the Tornos Corporate Extranet.

c. Uploading Material

If your User ID is granted the right, you have the ability to upload materials to the Tornos Corporate Extranet. You warrant that the materials you upload are for the purpose of your relationship with Tornos SA, and that such materials are free from any viruses, Trojan horses or any code that could harm any computer system. You are solely responsible for any material you upload. You must be aware that depending on the specific matter and related level of restricted access, several parties, including potentially adverse parties may have access to your uploaded materials.

d. Discussion Posts

If your User ID is granted the right, you have the ability to read and post messages in a discussion area. You shall only post messages related to the specific matters for which you are provided access to the Tornos Corporate Extranet. You are solely responsible for the content of your posted messages, and you shall not post any message which is disparaging, harassing, or can be construed as a personal attack on any person. Tornos SA does not edit the content of discussion posts, however Tornos SA reserves the right to immediately edit or delete any message as required.

Links

When using the Tornos Corporate Extranet, you may sometimes be linked to other web sites. Tornos SA is not responsible for any web sites not operated by Tornos SA.

Security

The Tornos Corporate Extranet uses industry standard security protection to protect against unauthorized access. Tornos SA may change or enhance the security protection without notice to you. You shall not attempt to disable or circumvent any security features on the Tornos Corporate Extranet.

Termination

You may terminate your access privilege to the Tornos Corporate Extranet at any time by providing written or email notice to Tornos SA at communications [at] tornos [dot] com. Tornos SA also reserves the right to terminate your registration at any time without notice. All applicable provisions of the Agreement will survive termination of this Agreement.

Indemnification

To the extent allowed by law, you agree to defend, indemnify and hold harmless Tornos SA and any of its directors, officers, partners and employees from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to your use of the Tornos Corporate Extranet, or any breach by you of any term or condition of this Agreement. If any such action shall be brought against any indemnified party, they shall notify you in writing and you shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any indemnified party shall have the right to employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by you.

DISCLAIMER OF WARRANTIES

ACCESS TO THE TORNOS CORPORATE EXTRANET AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." TORNOS SA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE TORNOS CORPORATE EXTRANET OR ITS CONTENT. YOU ASSUME ALL RISK OF USE. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR UNINTERRUPTED. TORNOS SA IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. TORNOS SA HAS NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS. YOU ACKNOWLEDGE THAT PORTIONS OF THE CONTENT OF THE TORNOS CORPORATE EXTRANET ARE PROVIDED BY THIRD PARTY USERS, AND TORNOS SA HAS NO CONTROL OVER, OR LIABILITY FOR ANY SUCH CONTENT.

LIMITATION OF LIABILITY

TORNOS SA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED ARISING OUT OF THE USE OR THE INABILITY TO USE THE TORNOS CORPORATE EXTRANET, EVEN IF TORNOS SA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

General Compliance with Laws

You agree to comply fully with all applicable laws, statutes, ordinances, rules and regulations, and agree not to use the Tornos Corporate Extranet to facilitate collusion or for any other conduct violating antitrust or other applicable laws.

Waivers and Remedies

Any waiver by Tornos SA of the provisions of this Agreement or of Tornos SA's rights or remedies under this Agreement must be in writing to be effective. Any waiver in a particular instance shall not constitute a waiver of the same or different rights or breaches in any other instance. Failure, neglect or delay by Tornos SA to enforce the provisions of this Agreement or Tornos SA's rights or remedies at any time will not be construed and will not be deemed to be a waiver of Tornos SA's rights under this Agreement and will not prejudice Tornos SA's right to take subsequent action. No exercise or enforcement of any right or remedy under this Agreement will preclude the enforcement of any other right or remedy under this Agreement or that Tornos SA is entitled by law to enforce.

Ownership

The Tornos Corporate Extranet is owned by Tornos SA of the site are also protected by trademark, copyright, trade dress and other laws.

Applicable Law and Jurisdiction

This Agreement shall be governed and interpreted pursuant to the Swiss laws, for is in Moutier, Switzerland

Updates and Amendments

Tornos SA reserves the right, in its sole discretion, to supplement, modify or discontinue any aspect of the Tornos Corporate Extranet, including, without limitation, restricting the times or means of access to the Tornos Corporate Extranet. Tornos SA also reserves the right, in its sole discretion, to modify this Agreement in any manner and to adopt additional terms or conditions governing your access and use of the Tornos Corporate Extranet, at any time, without prior notice. The terms of any such amendment to this Agreement shall become effective immediately upon posting of such terms on the Tornos Corporate Extranet, and your use of the Tornos Corporate Extranet on or after such effective date shall constitute acceptance of such amended terms.

Third Party Beneficiaries

All users on the Tornos Corporate Extranet are intended third party beneficiaries of this Agreement; all rights and benefits conferred by this Agreement shall extend to such users and such users are independently entitled for enforcement of its provisions. You acknowledge that each other user is relying upon the representations made in this Agreement.

Entire Agreement

This Agreement sets forth the entire understanding between Tornos SA and you with respect to the subject matter of this Agreement and supersedes any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between Tornos SA and you with respect to said subject matter.