Momentive Performance Materials Inc. Legal Disclaimer

THIS DOCUMENT PROVIDES THE LEGAL DISCLAIMER (“Disclaimer”) MADE BY AND ON BEHALF OF MOMENTIVE PERFORMANCE MATERIALS INC. AND ITS SUBSIDIARIES AND AFFILATES (collectively, “MPM”) WITH RESPECT TO THE PURCHASE AND/OR USE OF ANY PRODUCTS, SERVICES, MATERIALS AND/OR RESOURCES SOLD BY MPM (collectively, the “Products”).

THE PRODUCTS ARE SOLD PURSUANT TO MPM’S STANDARD CONDITIONS OF SALE (“COS”), WHICH ARE PROVIDED IN OR WITH THE APPLICABLE DISTRIBUTOR OR OTHER SALES AGREEMENT AND ARE PRINTED ON THE BACK OF ORDER ACKNOWLEDGMENTS AND INVOICES. SUCH COS ARE ALSO AVAILABLE UPON REQUEST.
MPM MAY PROVIDE FURTHER INFORMATION, RECOMMENDATIONS AND/OR ADVICE RELATING TO THE PRODUCTS (collectively, “Content”) ON ITS WEBSITE LOCATED AT www.siliconesforbuilding.com (the “Site”) OR ON OTHER MARKETING COLLATERAL (tradeshow banners, posters, print advertising, brochures, etc). EXCEPT AS OTHERWISE PROVIDED IN THE COS, MPM MAKES NO WARRANTY OR GUARANTEE, WHETHER EXPRESS OR IMPLIED, (i) THAT ANY RESULTS DESCRIBED ON THE SITE OR IN THE CONTENT WILL BE OBTAINED BY A PARTICULAR CUSTOMER UNDER END-USE CONDITIONS, OR (ii) AS TO THE EFFECTIVENESS AND/OR SAFETY OF ANY DESIGN THAT INCORPORATES ANY PRODUCTS AND/OR CONTENT. EXCEPT AS OTHERWISE PROVIDED IN THE COS OR AS REQUIRED BY APPLICABLE LAW, MPM AND EACH OF ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS, SHALL IN NO EVENT BE RESPONSIBLE FOR ANY LOSSES RESULTING FROM ANY PURCHASE AND/OR USE OF THE PRODUCTS DESCRIBED ON THE SITE.

Each user is solely responsible and liable for making its own determination as to the suitability of any Products and/or Content for its own particular use. Accordingly, each user is solely responsible and liable for identifying and performing all tests and analyses necessary to assure that any item that incorporates the Products will be safe and suitable for use under end-use conditions.

No statement in the Content concerning a possible or suggested use of any material, product, service or design is intended, or should be construed, to grant any license under any patent or other intellectual property right of MPM covering such use or design, or as a recommendation for the use of such material, product, service or design in the infringement of any patent or other intellectual property right.

Nothing in the Content or in this Disclaimer shall be interpreted to modify or supersede the terms of the COS and/or the Terms of Use and Services for the Site (“TOS”). Accordingly, in the event there is any conflict or inconsistency between or among the terms of the Content or this Disclaimer and the terms of the COS and/or TOS, the terms of the latter shall control with respect to the subject matter thereof.