Terms of Use

 
Please Read Carefully Before Using This Web Site.


1. INTRODUCTION

Welcome to the Powerwave Technologies, Inc. ("Powerwave") web site. Please review the following terms and conditions concerning your use of this site. By using this site, including downloading materials, you agree to these terms and conditions. We reserve the right to change these terms and conditions from time to time in our sole discretion. These terms and conditions apply to all visits to the Powerwave web site, both now and in the future. Areas of this web site may have different terms of use posted and if there is a conflict between these terms of use and the terms of use posted for a specific area of this site, then the latter will govern your use.

2. COPYRIGHT

© 1999-2004 Powerwave Technologies, Inc., 1801 East St. Andrew Place, Santa Ana, CA 92705, USA. All rights reserved.

3. USE OF WEB SITE

We authorize you to view, copy and print materials published on this web site provided that they: (a) are used solely for personal, non-commercial purposes; (b) are not modified or altered in any way; and (c) retain all copyright and other proprietary notices in the same form as the original. All contents on this site are protected by copyright. Except as specifically permitted herein, you may not reproduce any portion of the information on this web site without the prior written permission from Powerwave. Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes.

4. TRADEMARKS

Powerwave and Powerwave Technologies are registered trademarks of Powerwave, the Powerwave logo and the phrase "The Power In Wireless" are trademarks of Powerwave and all Powerwave products or service names, slogans or logos referenced in this web site are trademarks of Powerwave Technologies, Inc. All other company, product or service names referenced in this web site are used for identification purposes only and may be trademarks of their respective owners. You may not use any Powerwave trademark or third party trademark without the prior written consent of Powerwave or the third party owner of such mark.

5. DISCLAIMER

ALL CONTENTS, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. POWERWAVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR OTHER WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. POWERWAVE MAKES NO WARRANTY THAT: (1) THIS SITE WILL MEET YOUR REQUIREMENTS; (2) THIS SITE WIL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR A LINKED SITE IS DONE AT YOUR OWN DISCRETION AND RISK. POWERWAVE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA OR FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT, MATERIALS OR INFORMATION. THIS INCLUDES THE TRANSMISSION OF VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SOFTWARE.

YOU AGREE THAT POWERWAVE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF YOUR USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE OR A LINKED SITE, EVEN IF POWERWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DELAYED, LOST OR MISDIRECTED COMMUNICATIONS THROUGH THIS WEB SITE.

6. LINKS TO THIRD PARTY SITES

This web site may contain links to web sites controlled by third parties. We provide these links merely as a convenience. Access to other web sites is at your own risk and we are not responsible for and do not endorse or accept any responsibility over the contents or use of these web sites. You should refer to the policies posted by the other web sites regarding privacy and other topics before you use them. We are not responsible for third party content accessible through this web site, including opinions, advice, statements and advertisements and you assume all risks associated with your use of this content. If you choose to purchase products or services from a third party, your relationship is directly with the third party.

7. POSTINGS ON THIS SITE

Please note that the documents and materials, including graphics published on this web site, may include inaccuracies or typographical errors. Postings are made at such times as we determine in our discretion. You should not assume that the information contained on this site has been updated or otherwise contains current information. We do not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded. Product specifications on this web site are subject to change without notice.

8. FORWARD-LOOKING STATEMENTS

Investing in Common Stocks can expose investors to significant price and volume fluctuations that can significantly impact the market value of their investment. The stock market has from time to time experienced significant price and volume fluctuations that are unrelated to the operating performance of particular companies, and the market prices for securities of technology companies, such as Powerwave, have been especially volatile. These broad market fluctuations have and may continue to adversely affect the market price of our Common Stock. Factors such as fluctuations in our results of operations, failure of such results of operations to meet the expectations of stock market analysts and investors and a number of other factors may have a significant adverse affect on the market price of Powerwave's Common Stock. For more information, see our current annual report on Form 10-K and our most recent quarterly report on Form 10-Q, which are filed with the Securities and Exchange Commission. Investors should closely examine the risks and uncertainties associated with any investment in Common Stock, including investments in Powerwave. This web site is not a solicitation to invest in the Common Stock of Powerwave.

This web site contains certain forward-looking statements including statements concerning performance of our products, our planned strategy, and our technical and engineering capabilities, that are subject to risks and uncertainties, which could cause the actual results to differ materially from those projected or implied. Such potential risks and uncertainties and additional factors which could affect our operations and financial results are described in greater detail in our current SEC filings, either our annual report Form 10-K or our quarterly reports on Form 10-Q. For Recent SEC Filings "10-K, 10-Q, etc." click here or visit the SEC web site at www.sec.gov. We will provide a copy of our Form 10-K without charge upon written request. We do not undertake any obligation to publicly release the results of any revisions to any forward-looking statements which may be made to reflect events or circumstances after the date of our filings with the SEC or to reflect the occurrence of unanticipated events.

9. GOVERNING LAW AND JURISDICTION

The web site is controlled by Powerwave from its offices in Santa Ana, California, United States of America. All matters relating to your access to, or use of, this web site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, this web site shall be instituted in a state or federal court in Orange County, California. You and Powerwave agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. We make no representations that the information on this site is appropriate for use in other locations. If you choose to access this web site from other locations you do so at your own risk and you are responsible for compliance with any applicable local laws. You may not access, download, use or export the information, materials or content contained on this web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

10. FEEDBACK AND INFORMATION

Any feedback you provide at this site will be treated as non-confidential and we are free to use such information on an unrestricted basis.

Contact webmaster@pwav.com with questions or problems.