MOLDFLOW.COM TERMS AND CONDITIONS OF USE

Your use of the information and software on the website of Moldflow Corporation ("Moldflow") located at www.moldflow.com (the "Site") is conditioned upon your agreement, and the agreement of your employer or any third party to whom you provide information, materials or software obtained from the Site, to make use of the materials only in accordance with and subject to the following terms and conditions. Any software downloaded or purchased from the Site may be subject to a License Agreement which contains additional terms and conditions. In the event of a breach of any of these terms, your authorization to use the Site may terminate, and, in addition to any other remedies available to Moldflow, you will be required to destroy any downloaded or printed proprietary materials.

Intellectual Property:
All web design, text, graphics, the selection and arrangement thereof, and software are the copyrighted works of Moldflow Corporation and/or its subsidiaries, © 2006 and contain other intellectual property owned by Moldflow Corporation. All rights reserved. You may view, print, and download the materials on this web site only pursuant to these terms and conditions and, provided that you retain all copyright and other proprietary notices contained in the original materials.

Trademarks:
Moldflow, MPA, MPI, MPX, Moldflow Plastics Insight, Moldflow Plastics Advisers, Moldflow Plastics Xpert, EZTrack, Altanium and Shotscope are trademarks or registered trademarks of Moldflow Corporation and/or its subsidiaries and affiliates. All other company names, brand names and product names are trademarks or trade names of their respective owners.

DISCLAIMER OF WARRANTIES:
THE INFORMATION, MATERIALS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT. WE MAY IN THE FUTURE MODIFY, IMPROVE OR MAKE OTHER CHANGES TO THE INFORMATION AND SOFTWARE MADE AVAILABLE ONTHE SITE. ALL INFORMATION AND SOFTWARE MAY INCLUDE TECHNICAL OR TYPOGRAPHICAL ERRORS AND WE WILL NOT BE RESPONSIBLE FOR ANY SUCH ERRORS.

EXCEPT AS PROVIDED IN APPLICABLE MOLDFLOW SOFTWARE LICENSE AGREEMENTS, THE INFORMATION, MATERIALS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE SITE PROVIDES YOU WITH FREE ACCESS TO VALUABLE PROPRIETARY MATERIALS AND INFORMATION. IN RETURN, YOU AGREE THAT MOLDFLOW AND ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR ACTIONS YOU TAKE IN RELIANCE ON THE INFORMATION. WE CANNOT GUARANTEE THAT THE INFORMATION, SOFTWARE AND OTHER MATERIALS THAT ARE DELIVERED BY WAY OF THE INTERNET WILL BE ERROR FREE OR WILL NOT RESULT IN DAMAGE, DELAY, PROCESSING DELAYS OR OTHER DIFFICULTIES WITH YOUR COMPUTER SYSTEM. WE ARE NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED BY YOU OR INSTALLED ON YOUR COMPUTER.

You agree not to bring any legal action against Moldflow or its subsidiaries and affiliates based on your use of the moldflow.com site. You agree to indemnify and hold Moldflow and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of any other person or entity.

The Site may not be used by and is not directed at any country or region currently embargoed by the United States. By downloading or using software provided on the Site, you agree to the forgoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.

Pricing and Product Information:

Any pricing and other information about products and services contained on the Site is not an offer to provide goods or services. Any such pricing or information displayed or downloaded from the Site is not a binding commitment on Moldflow or any of its subsidiaries or affiliates. Moldflow may accept or reject orders in its sole discretion.

Payment Terms:
You agree that all charges incurred will be paid.

Applicable Law:
The moldflow.com site has been created by and is administered by Moldflow Corporation in the Commonwealth of Massachusetts, USA. If you choose to access this site from outside the United States, you are responsible for compliance with applicable local laws. Documents provided in any language other than English are provided for convenience only. You agree that the substantive laws of the Commonwealth of Massachusetts will apply to and govern all matters arising out of or in connection with your use of the moldflow.com site. All such disputes will be litigated exclusively in a federal or state court located in the Commonwealth of Massachusetts, and you waive the provisions of any law or regulation that might provide for an alternative law or jurisdiction.

Limitation of Liability:
Moldflow Corporation and its affiliates and subsidiaries are not liable for any direct, indirect, incidental, special or consequential damages, whether based on breach of contract, negligence, breach of warranty, tort, product liability or otherwise, even if advised of the possibility of such damages. Your agreement to the limit that we have set on such damages is implied by your use of our web site.

THE SOLE AND MAXIMUM LIABILITY OF MOLDFLOW CORPORATION, ITS AFFILIATES AND SUBSIDIARIES FOR ANY REASON, AND YOUR EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, FOR THE INFORMATION, PRODUCT OR SERVICE PURCHASED.

Links to Other Web Sites/Framing:
The Site contains links to other web sites operated by third parties (the "Third Party Sites"). We have no control over these Third Party Sites and expressly disclaim any liability for any content contained on such Third Party Sites. Such Third Party Sites may solicit personal information and send cookies. The inclusion of a link to a Third Party Site on this Site does not imply endorsement of the linked Third Party Site. We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website.

Information we collect:
When you use our Site, we collect certain information from you. If you are asked to provide personal information in connection with enabling access to downloads or private areas of the Site, you may decline to give such information; however you will be denied access to such downloads and private areas. In consideration for the use of the Site, you agree to provide us with true, accurate and current information as requested by our registration procedures and to keep this information up to date. If you provide untrue or inaccurate information, we may refuse future use of the services on the site. Please see our Privacy Statement for a complete description of our privacy policy.

Submissions to the Site:
Any material, information or other communication transmitted or posted to this Site by you will be subject to these Terms and Conditions. Under no circumstances shall any disclosure of any idea or related materials to the Site be subject to any obligation of confidentiality or expectation of compensation. By submitting any idea to the Site you are waiving any and all rights that you might have in the idea or any related materials and are to Moldflow.

Updated: October 2006. © Moldflow Corporation.