WEB SITE TERMS OF USE

Acceptance of Terms
Welcome to Finisar Corporation ("Finisar"). Your access to and use of the Finisar Web site (the "Site") is conditioned upon your acceptance of the terms and conditions set forth herein. Read these terms before using the Site. By accessing, using, viewing, browsing, etc. the Site, you acknowledge you have read, and agree to be bound by the terms and conditions of this Agreement (the "Agreement") and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You represent you have the legal authority to accept the terms and conditions of this Agreement on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE IN ANY WAY.

Materials
The materials, including, but not limited to, the text, information, data, images, audio, video, computer programs or other materials found on or made available through the Site (the "Materials"), are provided by Finisar as a service to its customers and members of the general public, and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below.

Ownership of Materials
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Finisar's prior written permission. Except as expressly provided herein, Finisar does not grant any express or implied right or license to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights.

Copyright/Trademarks
Copyright © 2003 Finisar Corporation. All rights reserved.

Finisar is a trademark of Finisar Corporation. Other products and company names appearing on the Site may be trademarks of their respective owners. The list below is a list of some of Finisar's trademarks and/or trade names. This list is not exhaustive. Finisar may own other trademarks and/or trade names that are not included here. The absence of a product or service name or logo from this list does not constitute a waiver of Finisar's trademark or other intellectual property rights concerning that name or logo.

Bus Doctor
PacketMaker

Finisar trademarks may be used only with the express written permission of Finisar. By making Finisar 's trademarks and other proprietary logos, service marks, slogans or product descriptions available on this Site, Finisar is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Finisar's or any third party's trademark or other intellectual property rights.

Restrictions on Use of Materials
You may download one copy of the Materials to a single computer for your personal, non-commercial internal use only. You may not otherwise copy, reproduce, modify, publish, upload, post, transmit or distribute in any way the Materials, unless specifically licensed to do so by Finisar in writing or as allowed by any license terms which accompany or are provided with individual pieces of information and/or works of authorship. Any unauthorized use of the Materials at the Site may violate copyright, trademark, and other laws. You may not remove any copyright or other proprietary notices from the Material. You agree to prevent unauthorized copying of the Materials. You further agree to indemnify, hold harmless and defend Finisar, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses or expenses, including reasonable costs and attorneys' fees, arising out of or in any way connected with your access to or use of the Site.

If pursuant to an authorization from Finisar, you download software from the Site, the software, including all code, files, images, contained in or generated by the software, and accompanying data, are deemed to be licensed to you by Finisar in accordance with the applicable license agreement for the software. Neither title nor intellectual property rights are transferred to you, but remain with Finisar, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the software to a perceivable form. Disclaimer

THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL DATA TRANSIT OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF DATA TRANSIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

Finisar does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. Finisar may make changes to these Materials, or to the products described therein, at any time without notice. Finisar makes no commitment to update the Materials or to continue to provide any Materials.

Finisar also assumes no responsibility, and shall not be liable for any loss of data or damages to, or viruses that may infect, your computer system or other property on account of your access to, use of, or browsing in the Site or your downloading of any Materials from the Site.

Limitation of Liability
DATA TRANSIT 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 DATA TRANSIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION 0F INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination.
You agree that Finisar, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) at any time for any reason or no reason at all, including, without limitation, that Finisar believes you have violated or acted inconsistently with the letter or spirit of this Agreement.

Links to Other Web Sites
This Site may provide links to other third party Web sites or resources. Finisar makes no representations whatsoever about any other Web site which you may access through this Site. Because Data Transmit has no control over such sites and resources, you acknowledge and agree that Finisar 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 items such as viruses, worms, Trojan horses and other items of a destructive, dangerous or harmful nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party site 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. Finisar makes no representation or warranty as to any third party Materials, products or services, and you agree that Finisar 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.

Submission of Information
Finisar does not want you to send to it any confidential or proprietary information through the Site. Any material or messages posted, files uploaded, data input or any other form of communication or information you transmit or post to this Site will be considered non-confidential and non-proprietary communications ("Non-Confidential Information"). Finisar will have no obligations with respect to the Non-Confidential Communications. For any Non-Confidential Information you do send, you hereby grant Finisar an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute the Non-Confidential Information, and agree that Finisar is free to use any ideas, concepts, know-how or techniques that you send Finisar for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information. Your personally identifiable information you submit to us shall be treated in accordance with our Privacy Policy.

You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, or any other material that could give rise to any civil or criminal liability under the law.

Finisar Privacy Policy
Finisar's collection and use of personally identifiable information about you is subject to our Privacy Policy. For more information, see our full privacy policy for this Site. This Site is intended for use by persons at least 13 years of age. Finisar does not seek to collect information about children under the age of 13. No information should be submitted to or posted on this Site by users under 13 years of age. Finisar encourages parents to take an active role in their children's use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.

General
Finisar may revise these terms and conditions for use at any time by updating this Agreement. You should visit this page from time to time to review the then-current terms and conditions for use because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Site. This Agreement constitutes the entire agreement between you and Finisar with respect to the matters contained herein. If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Agreement. The failure of Finisar to exercise or enforce any right or provision of the Agreement of Finisar to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the United States and the state of California, USA without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in San Jose, California, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.