TERMS AND CONDITIONS OF USE OF AXCELIS TECHNOLOGIES, INC. WEB SITE

Please Read These Terms Carefully Before Using This Site

Legal Notice

This web site (the "Site") is provided by Axcelis Technologies, Inc. (Axcelis) and may be used for informational purposes only. By using the site or downloading information ("Materials") from the Site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the Site or download Materials from the Site.

Limited License

Subject to the terms and conditions set forth in this Agreement, Axcelis grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

Axcelis authorizes you to view and download the Materials at the Site only for your personal or professional use. This authorization is not a transfer of title in the Materials and is subject to the following restrictions: 1) you must retain on all copies of the Materials downloaded all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials 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 Materials 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 Materials, 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 Materials. Except as expressly provided herein, Axcelis does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Disclaimer of Liability and Limitation on Damages

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. AXCELIS 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. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. AXCELIS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. AXCELIS 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.

THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL AXCELIS OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF AXCELIS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third Party Sites

As a convenience to you, Axcelis may provide on this Site links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Axcelis makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Axcelis or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Axcelis or any of its affiliates or subsidiaries.

Information Provided By You

Do send any confidential or proprietary information to Axcelis via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Axcelis will not be considered confidential or proprietary. By providing any such information or materials to Axcelis, you grant to Axcelis an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Axcelis is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Axcelis. You further recognize that Axcelis does not want you to, and you warrant that you shall not, provide any information or materials to Axcelis that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Caution regarding Outdated Material

We wish to caution you not to place undue reliance on material contained in this Site or in linked documents. These documents speak only as of the date on which they were initially published. We will not undertake and specifically decline any obligation to update these materials to reflect either circumstances after the date of the Materials or the occurrence of events which may cause us to re-evaluate such Materials.

Modification to the Site or Materials

Axcelis reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or the legal terms applicable to the Site in whole or in part, at any time. Those changes will be effective when notice of such change is posted. Your continued use of the Site after any changes to the Site or these legal terms are posted will be considered acceptance of those changes.

Axcelis may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Axcelis may also impose limits on certain features and services or restrict your access to part or the entire Site without notice or liability. Axcelis may terminate the authorization, rights and license given above. Upon such termination, you shall immediately destroy all hard and digital copies of the Materials in your possession or control.

International Users and Choice of Law

This Site is controlled, operated and administered by Axcelis from its offices within the United States of America. Axcelis makes no representation that materials at this 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. You 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 local laws. These Terms and Conditions of Use shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions.

This Agreement constitutes the entire agreement between Axcelis and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.