This Web site (the “Site”) and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively “Materials”), are provided by Kopin Corporation (“Kopin”) as a service to you and may be used for informational purposes only. By using or downloading any Materials from this Site, you agree to these terms. If you do not agree to them, do not use the Site or download any Materials from it.
“Kopin”, the Kopin logo, “Solos”, the Solos logo and “Vista” are trademarks or registered trademarks of Kopin Corporation or its subsidiaries in the United States and other countries. By making these trademarks available on this Site, Kopin is not granting you a license to use them in any fashion. Kopin’s trademarks may not be used publicly without express prior written permission from Kopin.
Restrictions on use of Materials
Ownership of Materials
DISCLAIMER OF WARRANTY:
KOPIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, KOPIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOPIN SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
LIMITATION OF LIABILITY:
KOPIN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF KOPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KOPIN’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS MATERIALS OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
US Government Restricted Rights
The Materials are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of Kopin’s proprietary rights in them.
Except as otherwise agreed in writing with an authorized Kopin representative, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). Kopin will have no obligations with respect to the Communications. Kopin and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Use of Personally Identifiable Information
Links to Third Party Web Sites
This Site may provide links to other third-party World Wide Web sites or resources. Kopin makes no representations whatsoever about any other web site which you may access through this Site. Because Kopin has no control over such sites and resources, you acknowledge and agree that Kopin is not responsible for the availability of such external sites or resources and is not responsible or liable for any Materials, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Kopin makes no representation or warranty as to any third party Materials, products or services, and you agree that Kopin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Materials, products or services available on or through any such site or resource.
This Site contains forward-looking statements within the meaning of the United States Private Securities Litigation Reform Act of 1995. These forward-looking statements are based on current expectations, estimates, forecasts and projections about the industries in which Kopin operates, management’s beliefs, and assumptions made by management. In addition, other written or oral statements which constitute forward-looking statements may be made by or on behalf of Kopin . Words such as “expects”, “anticipates”, “intends”, “plans”, “believes”, “could”, “seeks”, “estimates”, variations of such words and similar expressions are intended to identify such forward-looking statements. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions, which are difficult to predict. Therefore, actual outcomes and results may differ materially from what is expressed or forecasted in such forward-looking statements, whether as a result of new information, future events or otherwise. A more detailed description of factors that could cause or contribute to such differences in outcomes and results is available in Kopin’s reports filed with the Securities and Exchange Commission, available by visiting the “SEC Filings” section of the Kopin Investors Web page. We disclaim any responsibility to update the information on this Site or these forward-looking statements. The Material displayed on this Site is not an offer to buy or sell or a solicitation of an offer to buy or sell any securities issued by Kopin or otherwise.
This site is controlled by Kopin from its offices within the United States of America. Kopin makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of Delaware.
COPYRIGHT NOTICE. © Kopin Corporation, 2006. All rights reserved. Last update: 07/13/06
How We May Use and Disclose Personal Information
We may use personal information:
- To provide information to Kopin Corporation and its subsidiaries and affiliates
- To respond to your inquiries and fulfill your requests, such as to send you technical documents or whitepapers.
- To send you marketing communications that we believe may be of interest to you, such as newsletters, in accordance with your communication preferences.
- To personalize your experience on the Kopin by presenting products, marketing messages, offers, and content tailored to you.
- To allow you to participate in surveys, sweepstakes, contests, and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain more information about how we use and disclose your personal information, so we suggest that you read these rules carefully.
- To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase, and provide you with related customer service.For our business purposes, such as data analysis, audits, crime/fraud monitoring and prevention, security, developing new products, testing, enhancing, improving or modifying our products, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.
- Perform accounting, auditing, billing, reconciliation, and collection activities. To send administrative information and service notifications to you, for example, information regarding the product and changes to our terms, conditions, and policies.
- Perform other activities consistent with this Notice.
- Personal information may be shared or disclosed:
- To our authorized service providers and suppliers who provide services to us such as web site hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.
- To third parties to permit them to send you marketing communications, as permitted under applicable law and in accordance with your communication preferences.
- To third party sponsors of sweepstakes, contests, and similar promotions.
- To identify you to anyone to whom you send messages through the Kopin.
- By you, on message boards, forums, chat, profile pages and blogs to which you are able to post information and materials. Please note that any such information you post or disclose in public forums will become public information, and may be available to users and to the general public. We urge you to be very careful when deciding to disclose your personal information, or any other information, online.
- To a third party in the event of any contemplated or actual reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). We will not otherwise sell or rent this information.
- As we believe is required, necessary, or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process and/or to respond to requests from competent public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations and those of any of our affiliates; (f) to protect our rights, privacy, security, safety, and physical and intellectual property, and/or the rights of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
How We May Collect, Use and Disclose Other Information
Please note that we may collect, use, and disclose other information obtained through cookies. In some instances, we may combine other information with personal information (such as combining your name with your postal code). If we combine any other information with personal information, we will treat the combined information as personal information as long as it is combined and is personally identifiable.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Updating and Reporting
Our products and services may also process certain data to provide software updates and reports. These update functions may automatically check your system to see whether files relating to the services need to be refreshed, updated, or modernized.
Kopin may also uses the information to adapt the product to conform to user preferences based on actual use.