1. Scope

1.1 By accessing, viewing or using this Clipper web site (the "Web Site" or "Site") and any pages hereof, provided by Clipper Windpower Plc. and its subsidiaries and affiliated companies ("Clipper"), each user thereof (the "User" or "you") has read, understands and agrees to be bound by the terms and conditions under this Terms of Use. If you do not agree to these Terms of Use, do not access this Web Site.

1.2 In the case of web offers aimed at companies or public enterprises, such companies or enterprises are represented by the User and Clipper must assume that the User has appropriate knowledge and acts accordingly.

1.3 While Clipper endeavors to assure that the financial and other information contained on its Web Site is accurate and current, Users should be aware that changes may have occurred after the date such information was first published that are not yet reflected in the content of the Web Site.

2. Services

2.1 This Web Site contains specific information and software, as well as related documentation for viewing or downloading.

2.2 Clipper reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Site and to suspend and/or deny access to this Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Clipper does not undertake any obligation or responsibility to update or amend any such information. Clipper may discontinue or change any product or service described in or offered on this Site at any time.

3. Registration, Password

3.1 Some pages of the Web Site may be password-protected. In the interest of safety and security of the business transactions that may occur via the Web Site, only Users who have completed the registration process on the Web Site may access said pages. Clipper reserves the right to deny registration to any User. In addition, Clipper reserves the right to determine that certain portions of the Web Site that were previously freely accessible shall require registration. Clipper is entitled, at any time and in its sole discretion, to deny any registered Users the right to access the password-protected area by blocking their User Data (as defined below), particularly if such User:
* used false data for the purpose of registration;
* violates these Terms of Use or neglects its duty of care with regard to User Information;
* violates any applicable laws in accessing or using the Web Site; or
* does not use the Web Site for a sufficiently long period.

3.2 In the registration process, the User shall give accurate information and, where such information changes over time, update such information (via the Web Site) as soon as reasonably practicable. The User shall ensure that the e-mail address it provides to Clipper is current at all times and constitutes an address at which the User can be contacted.

3.3 Upon registration, the User will be provided with a User ID and a password (together "User Information"). On the User's first use of the Web Site, the User will be required to select a new password known only to the User. The User Information allows a User to view and/or change their information and/or, as applicable, to withdraw their consent to information processing by Clipper.

3.4 The User shall ensure that User Information is not disclosed to or accessible by third parties. The User agrees and understands that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Site. The User shall be solely liable for all transactions and other activities carried out under its User Information. At the end of each session on the Web Site, the User shall log-off from any password -protected portion thereof. If and to the extent the User becomes aware that a third party is using their User Information, or that the security of their User Information has otherwise been compromised, the User shall immediately notify Clipper specifying the misuse of the User Information.

3.5 Upon receipt of such notice as specified in paragraph 3.4 above, Clipper will deny access to the User's password-protected area. Access by the User will only be possible again upon the User's application to Clipper or upon new registration by the User.

3.6 The User may at any time request termination of their registration in writing, provided that the termination will not violate or breach the proper performance of any contractual relationship. In such event, Clipper will remove all User Information and any other stored personally identifiable information of the User as soon as these items are no longer needed to fulfill the purposes for which they were provided.

4. Rights of Use to Information, Software and Documentation

4.1 The use of any information, software, and documentation made available on or via the Web Site is subject to these Terms of Use and/or, in case of updating information, software or documentation, the applicable license terms previously agreed to with Clipper. Separately agreed-to license terms, such as software downloads, shall, in the event of any inconsistency, prevail over these Terms of Use.

4.2 Clipper grants the User a non-exclusive, non-transferable, and revocable license, which may not be assigned or sublicensed, to use the information, software and documentation made available to the User on or via the Web Site to the extent agreed, or in the event of no such agreement, to the extent of the purpose intended by Clipper in making such information, software, and documentation available. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Web Site as provided by Clipper, in the manner permitted by the Terms.

4.3 Software shall be made available at no expense to the User in object code. Users shall have no right for the source code to be made available, except in the instance of source code derived from open source software. Open source software license conditions have priority over these Terms of Use in the case of transfer of open source software and require the making available of the source code. In such case, Clipper shall make the source code available in exchange for the payment of all associated costs.

4.4 Information, software and documentation may not be distributed by the User to any third party at any time, nor may it be rented or in any other way made available. Unless permitted by applicable law, the User shall not copy, modify, or create a derivative work of the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.

5. Intellectual Property

5.1 Notwithstanding the particular provisions in Section 4 of these Terms of Use all information on this Clipper Web Site, including, but not limited to, text, photographs, images, illustrations, audio clips or other sounds, and video clips (the "Content"), is protected by copyrights, trademarks, service marks, and/or any other intellectual property rights (which are governed by the United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). Subject to the terms and conditions set forth in this Agreement, Clipper grants the User a non-exclusive, non-transferable, limited right to access, use and display on this Web Site, the Content.

5.2 Clipper authorizes you to view and download the Content only for your personal, non-commercial use. This authorization is not a transfer of title in the Content and copies of the Content and is subject to the following restrictions: 1) you must retain, on all copies of the Content downloaded, all copyright and other proprietary notices contained in the Content; 2) you may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Content, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, Clipper does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

5.3 Unauthorized use of Clipper's Web Site and systems, including, but not limited to, unauthorized entry into Clipper s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden, or impair any Clipper Web Site or service or interfere with any other party's use and enjoyment of any Clipper Web Site or service. You may not attempt to gain unauthorized access to any Clipper Web Site or service, computer systems or networks connected to any Clipper Web Site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Site that are contrary to any applicable laws or regulations.

5.4 Clipper, the Clipper logo and any other Clipper trademarks and service marks referenced herein are trademarks and service marks of Clipper. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. The User is prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Clipper or such third party, which may own the marks.

5.5 Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User, nor shall any obligation be implied requiring the grant of further rights. In particular, the User is granted no right or license in respect of any patents.

5.6 Clipper may, without charge, use any ideas or proposals stored by a User on the Web Site for the development, improvement and sale of its products.

6. Duties of the User

6.1 In accessing or using the Web Site, the User shall not:
* harm other persons, in particular minors, or infringe their personal rights;
* breach public morality, commit a criminal offence or give rise to civil liability, or do any act which may infringe the rights of any third party or which is contrary to the laws of any country in the world;
* violate any intellectual property right or any other proprietary right;
* upload any contents containing a virus, so-called "Trojan Horse", or any other program that could damage data;
* transmit, store, or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or are unlawful; or
* distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material, and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity;
* post or transmit to or from the Web Site any material that is threatening, defamatory, obscene, indecent, offensive, abusive, discriminatory, in breach of confidence or in breach of privacy.

6.2 Clipper may deny the User access to the Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

The Web Site may contain hyperlinks to other web sites of third parties. These links are provided only as a convenience. In no event shall Clipper have any liability or be responsible for the content of such web sites and does not make representations about or endorse such web sites or their contents as its own, as Clipper does not control the information on such web sites and is not responsible for the contents and information given thereon. The use of such web sites shall be at the sole risk of the User.

8. Limitation of Liability

8.1 None of the information contained in Clipper's Web Site constitutes a recommendation, solicitation or offer by Clipper or its subsidiaries and affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service. Users of the Web Site should not rely on the information herein for investment or other related purposes. Any use of this information is solely at the User's risk and Clipper shall have no liability in this respect. The User is referred to his/her professional investment advisor regarding investment or related decisions respecting the securities of Clipper. Information published as to the past performance of Clipper cannot be relied on as a guide to future performance.

8.2 SUBJECT TO PARAGRAPH 8.4, UNDER NO CIRCUMSTANCES WILL CLIPPER NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE OR MISUSE OF OR RELIANCE ON THE CLIPPER WEB SITE ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CLIPPER WEB SITE, FROM INABILITY TO USE THE CLIPPER WEB SITE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CLIPPER WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CLIPPER WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CLIPPER WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE CLIPPER WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CLIPPER WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST INFORMATION. CLIPPER CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS WEB SITE.

8.3 Without limiting the foregoing, under no circumstances shall Clipper be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

8.4 Nothing in these Terms of Use shall exclude or limit Clipper's liability for: death or personal injury cause by negligence; fraud; misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law.

Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. CLIPPER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. THE USER ACKNOWLEDGES THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. CLIPPER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. CLIPPER MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

NEITHER CLIPPER, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY VENDOR, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT THE USER INCURS IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEB SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEB SITE, THE DATA CONTAINED HEREIN OR THE PRODUCTS OR SERVICES OFFERED ON THIS WEB SITE AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEB SITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CLIPPER OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES.

THIS WEB SITE, THE INFORMATION AND MATERIALS ON THIS WEB SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND SO FAR AS IS PERMISSIBLE UNDER THE APPLICABLE LAW ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Viruses

Although Clipper endeavors to keep the Web Site free from viruses, Clipper cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures.

10. Export Controls

10.1 Certain information, software and documentation contained on the Web Site may be subject to export laws and regulations. The User must comply with all United States and international export laws and regulations that apply to such information, software, and documentation

10.2 Upon request by the User, Clipper shall inform the User of the relevant contact person at Clipper for further information regarding relevant export laws and regulations.

11. Information Privacy Protection

Any personally identifiable information the User may provide to Clipper via this Web Site is protected by the Clipper Privacy Policy associated with this Web Site and located at www.clipperwind.com. The User agrees not to use our Web Site to distribute, email or post any advertising, promotion or solicitation without our prior approval and consent. The User further recognizes and warrants that you shall not provide any information or materials to Clipper that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

12. Supplementary Agreements, Place of Jurisdiction, Applicable Law

12.1 These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions or the User's actual state or country of residence. Sole and exclusive jurisdiction for any legal action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the State of California and the parties unconditionally waive their respective rights to a jury trial. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unlawful, void or unenforceable, than that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

12.2 Clipper makes no representation that materials at this Web Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. The User may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable laws.

12.3 These Terms of Use constitute the entire agreement between Clipper and the User with respect to User's access to and use of the Clipper Web Site and the information available on or through the Web Site. Any waiver by Clipper of any provision of the Terms of Use will be effective only if assented to by Clipper by an appropriate modification to these Terms of Use posted by Clipper on its Web Site or by a separate written instrument duly executed by an authorized representative of Clipper. Clipper reserves the right, in its sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes.

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