AGREEMENT BETWEEN USER AND HILTI FAR EAST PTE LTD

THIS SITE IS OPERATED BY HILTI FAR EAST PTE LTD ("THE HILTI WEB SITE"). PLEASE READ THE TERMS AND CONDITIONS, ESPECIALLY DISCLAIMERS CAREFULLY BEFORE USING THE HILTI WEB SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT, WITHOUT MODIFICATION, TO ALL TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN. WE RESERVE THE RIGHT TO CHANGE AND MODIFY THE TERMS AND CONDITIONS AND NOTICES AT ANY TIME AND FOR ANY REASON. YOUR CONTINUED USE AFTER SUCH CHANGES CONSTITUTE ACCEPTANCE OF THE MODIFIED TERMS. IF YOU DO NOT AGREE TO ANY OF THE TERMS, YOU MAY NOT USE THE HILTI WEB SITE. YOU MAY BROWSE THE HILTI WEB SITE FOR PERSONAL ENTERTAINMENT AND INFORMATION. HOWEVER, PLEASE DO NOT DISTRIBUTE, MODIFY, TRANSMIT OR REVISE THE CONTENT OF THE HILTI WEB SITE.

DISCLAIMER
By using this Hilti Web Site you are indicating your agreement with the following statement.

Hilti shall make no warranties or representations about the accuracy or completeness of the Hilti Web Site´s content or the content of any Site or sites "hot-linked" to this Site, including but not limited to all data and calculations (incl. drawings) displayed on Hilti´s Web Site, the average values posted on site obtained during the product testing phases, any variations applied by the User in the type of materials used and modification of the data and calculations (including drawings) undertaken by the User.

Any modification of this data or calculations (include drawings) by the User, could result in an application not meeting the safety provisions given by Hilti or by the law. Therefore the User agrees to indemnify and hold harmless Hilti from all claims relating to the applications based on such modifications.

The web site has been designed in such a way so as to give a specific type of result from the data which has been entered. It remains the responsibility of the User and/or the engineer responsible for the project to check these results before using the same and to assume such risks in providing that the same are suitable for their customer´s specific application.

All information and user programs provided on this web site are only aids without any guarantee to be faultless or for accuracy of the calculation in a specific application.

Hilti shall not be liable for any direct, incidental, consequential, indirect or punitive damages, loss and expenses arising out of the access to or use of any content of the Hilti Web Site or sites "hot-linked" to the Hilti Web Site, including but not limited to the type of results derived for a specific data, which responsibility lies with the User to verify such results prior to using the same and to ensure that such outcome are suitable for the Users´ customer´s specific application in their own working context. Hilti shall not accept any liability for direct, indirect, incidental or consequential damages, losses and or expenses in connection with, the use of, or inability to use any information and user programs provided on the Hilti Web Site for any purpose.

ALL THE INFORMATION, USER´S PROGRAMS, SERVICES, PRODUCTS AND ALL THE OTHER MATERIALS POSTED ON THIS SITE INCLUDING WITHOUT LIMITATION, THE TEXT, GRAPHIC AND LINES PROVIDED AS OF ANY KIND ARE "AS IS" AND ARE WITHOUT WARRANTIES EXPRESS OR IMPLIED. HILTI DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

HILTI DOES NOT WARRANT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. HILTI DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

THE ENTIRE RISK AS TO THE APPLICATION AND THE RESULTS DERIVED FROM THE PRODUCT TESTING PHASES INCLUDING ALL THE DATA AND CALCULATIONS (INCL. DRAWINGS) DISPLAYED ON HILTI´S WEB SITE, THE AVERAGE VALUES POSTED ON HILTI´S SITE AND VARIATIONS IN THE MATERIALS USED BY THE USER AND HILTI´S PRODUCTS´ PERFORMANCE ARE ASSUMED BY YOU, AS THE USER. NEITHER HILTI AND ITS AUTHORISED DISTRIBUTORS OR ITS SUBSIDIARIES SHALL ASSUME ANY RESPONSIBILITY FOR THE ACCURANCY OR USE OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE PRODUCT TESTING PHASES. IN NO EVENT SHALL HILTI AND ITS AUTHORISED DISTRIBUTORS OR ITS SUBSIDIARIES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR THE INABILITY TO USE THE DATA AND INFORMATION RELATING TO THE PRODUCT TESTING PHASES. NEITHER HILTI AND ITS AUTHORISED DISTRIBUTORS OR ITS SUBSIDIARIES, SHALL BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS, ARISING OUT OF, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF THE PRODUCTS, THE COSTS INCURRED FOR THE ON-SITE TESTING PHASES AND THE COSTS OF RECOVERING THE APPLICABLE DATA OR EQUIPMENT OR CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS.

ACCESS AND INFORMATION

Your access is limited to viewing Hilti information solely for your personal and for your use in your business. Any access or attempt to access other Hilti computer systems or other information contained on Hilti systems for any reason is prohibited. You agree not to use any information contained on this Web Site for other than legitimate business purposes. You may not modify, distribute, transmit, display or perform, reproduce, publish, license, create derivative works from, transfer, or sell any information on the products obtained from the Hilti Web Site.

TRADEMARKS AND COPYRIGHT

Permission is granted to electronically copy and print hard copies of the Hilti Web Site for the purpose of placing an order with Hilti. Any other use including but not limited to the reproduction, distribution, displaying or transmission of the content of the Hilti Web Site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the Hilti Web Site, including modification, distribution, or republication, without prior written permission. The entire content included in the Hilti Web Site, including but not limited to text, design, graphics, interface or code and the selection and arrangements thereof are copyrighted as a collective work under the Singapore law and is the property of Hilti. All rights in the intellectual property contained in the Hilti Web Site including copyright, trademarks, trade secret and patent rights are reserved. Access to the Hilti Web Site does not constitute a right to copy or use any of the intellectual property of Hilti.

All materials contained on this web site are subject to the ownership rights of Hilti. Permission is not granted to reproduce, distribute, transmit, upload, download, store, alter, modify, or display the materials.

COMMUNICATIONS

All information communicated to Hilti through the Hilti Web Site will forever be the property of Hilti. Unless specifically agreed in advance, Hilti will not be required to hold this information as confidential and will have exclusive ownership of the information without compensation of any kind to the individual making the communication.

USER IDENTIFICATION AND PASSWORD PROTECTION

Hilti´s User identification and passwords shall be maintained as personal and confidential. Transferring or sharing assigned User identification and password information is strictly prohibited. Any violation of this prohibition shall result in immediate termination of access to the Hilti Web Site and the User shall warrant to discharge Hilti´s liability and to pay damages resulting from such breach. It is the User´s sole responsibility to protect the activating password from unauthorized use. The User will be responsible for any charges to the User´s identification and password.

CUSTOMER RESPONSIBILITY

YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS MADE OR ADVICE GIVEN BY YOU AS A USER RELATING TO THE USE OF AND/OR ANY APPLICATIONS APPLIED BY YOU REGARDING HILTI´S PRODUCTS AND WITH RESPECT TO ANY OF THE CONTENTS RETRIEVED THROUGH THE HILTI WEB SITE, INCLUDING THOSE GIVEN BY YOU AS THE USER TO ANY THIRD PARTY REGARDING ANY INFORMATIONS AS REFLECTED ON HILTI´S SITE.

HILTI IS NOT ENGAGED IN RENDERING ENGINEERING OR OTHER PROFESSIONAL SERVICES OTHER THAN TO SELL HILTI´S PRODUCTS. IF ENGINEERING OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL PERSON SHOULD BE SOUGHT.

GENERAL

Each party is an independent contractor, and not an agent or employee of the other party.

These Conditions constitute the entire agreement between the parties, supercede any previous agreement and may not be varied except in writing between the parties.

A waiver of any default hereunder or any of the terms and conditions of this Agreement, shall not be deemed a continuing waiver or a waiver of any other default or of any other term or condition. In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, illegality and enforceability of any of the remaining provisions shall not be affected thereby.

Neither of this Agreement nor any rights or obligations can be assigned or transferred without the prior written consent of either parties.

Singapore law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the Singapore Courts.