Website Terms of Use and Notices

Last Updated: February 2004

1. THIS IS AN AGREEMENT BETWEEN YOU AND PROMAGA
This is an agreement ("Agreement") between you and Promaga S.A.U. (or, if applicable based on where you live, one of its affiliates) ("Promaga "). This Agreement governs your use of any Web site or Web page operated by Promaga S.L (each, a "Promaga Web Site," and collectively, the Promaga "Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

Promaga S.A.U. OFFERS Promaga WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE PROMAGA WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW PROMAGA S.A.U. MAY MODIFY THIS AGREEMENT
Promaga S.A.U. reserves the right to change the terms, conditions, and notices under which it offers the Promaga Web Sites, including any charges associated with the use of the Promaga Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Promaga Web Site. Your continued use of the Promaga Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS
Any Promaga Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Promaga Web Site, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within a Promaga Web Site, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE PROMAGA WEB SITES
The Promaga Web Sites are only for your personal use. You will not use the Promaga Web Sites for commercial purposes. You will not use the Promaga Web Sites in any way that is unlawful, or harms Promaga S.L may tell you about certain specific harmful uses in a code of conduct or other notices available through a Promaga Web Site, but has no obligation to do so. You may not use the Promaga Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Promaga Web Sites. Without limiting the generality of this section, you may not use the Promaga Web Sites in any manner that could damage, disable, overburden, or impair any Promaga Web Site (or the network(s) connected to any Promaga Web Site) or interfere with any other party's use and enjoyment of the Promaga Web Sites.
Web Sites even if such e-mail does not violate the Anti-Spam Policy.

5. INFORMATION AVAILABLE FROM THE PROMAGA WEB SITES
Promaga S.A.U. and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Promaga Web Sites even if such information appears in any e-mail or other alerts available through the Promaga Web Sites. Promaga and its suppliers do not authorize the use of information available from the Promaga Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Promaga S.A.U. is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Promaga Web Sites constitute an offer or solicitation to buy or sell any security. Promaga does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the Promaga Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.

6. PROMAGA S.A.U. MAKES NO WARRANTY
PROMAGA S.A.U.. PROVIDES THE PROMAGA WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROMAGA S.A.U. PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE PROMAGA S.A.U. PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PROMAGA WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

7. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL PROMAGA S.A.U. BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE PROMAGA WEB SITES, EVEN IF SUCH PROMAGA S.A.U. PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE PROMAGA WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PROMAGA PARTY WITH RESPECT TO THIS AGREEMENT OR THE PROMAGA WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROMAGA WEB SITES.

8. CHANGES TO THE PROMAGA WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE PROMAGA S.A.U. MAY CHANGE THE PROMAGA WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Promaga Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Promaga S.A.U. and persons other than Promaga S.L (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE PROMAGA S.L PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT PROMAGA S.A.U. IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE PROMAGA WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE PROMAGA WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE PROMAGA WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE PROMAGA WEB SITES.

Promaga S.L may terminate this Agreement, or terminate or suspend your access to the Promaga Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Promaga Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE PROMAGA WEB SITES MAY NOT BE RETRIEVED LATER.

9. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Promaga S.A.U., claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. If this Agreement is with a Promaga S.A.U. affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Promaga S.A.U. affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the Spain, or, if you reside outside the Spain, under the laws of the country to which the subject Promaga Web Sites are directed. If this Agreement is with a Promaga S.A.U. affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Promaga S.L affiliate in all disputes arising out of or relating to the use of the Promaga Web Sites.

10. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Promaga S.A.U. may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Promaga Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Promaga S.L with respect to the Promaga Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Promaga with respect to the Promaga Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

11. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND PROMAGA S.A.U. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROMAGA WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
Promaga S.A.U., Promaga , Promaga logo, and/or other Promaga S.A.U. products and services referenced herein may also be either trademarks or registered trademarks of Promaga S.A.U. in Spain and/or other countries.