By accessing this web site, you on behalf of yourself and your company (“you”) agree to these Terms of Use. These Terms of Use supplement, and do not supersede, any written supply or non-disclosure agreement between you and Applied Materials (“Applied”).

Confidential Information. You will receive and have access to Applied’s “Confidential Information,” which means all non-public, confidential, or proprietary business, technical, financial or trade secret information of Applied, or of its customers or vendors. Confidential Information does not, however, include information that (i) is or becomes a matter of public knowledge through no fault of yours; (ii) is rightfully received by you from a third party not subject to restriction; (iii) is independently developed by you without the use of any Confidential Information; or (iv) was rightfully in your possession prior to its disclosure by or on behalf of Applied.

• You agree to use reasonable care to protect the confidentiality of Confidential Information and in any event at least the degree of care you use to protect your own similar information.

• You agree not to use or disclose Confidential Information for any purpose other than to provide products, services or information to Applied, and to any third parties that Applied has authorized in writing to procure goods or services from you for the benefit of Applied while such designation remains in effect (“Authorized Third Parties”).

• You must only disclose Confidential Information to your employees, contractors, consultants, sub-tier suppliers, Authorized Third Parties and other third parties that (A) have a need to know such information so that you can provide goods, services or information expressly requested by Applied or an Authorized Third Party, and that (B) are bound by a written agreement to protect the Confidential Information on terms substantially the same as those in this paragraph. You agree to ensure Confidential Information is marked as APPLIED MATERIALS CONFIDENTIAL before disclosing it, and you will be responsible for anyone’s misuse or disclosure of Confidential Information in violation of these obligations if that person received or had access to that Confidential Information through you. Upon request, you will make such agreements available to Applied.

• You will notify Applied immediately if you suspect a violation of these Terms of Use. On Applied’s request, you will destroy Confidential Information and certify the destruction to Applied. You agree not to disclose to Applied any information that you or a third party regards as confidential unless Applied has agreed in writing to treat it as confidential. If there is a conflict between this paragraph and a separate non-disclosure agreement, the provisions that are most protective of Applied’s Confidential Information shall take precedence.

Compliance with law. You and Applied shall each comply with all applicable laws, rules and regulations, including but not limited to import/export laws and trade regulations, in performing any obligations arising under contracts between you and Applied. Without limiting the foregoing, before exporting or reexporting any Confidential Information, you must comply with all Export Administration Regulations (EAR) of the U.S. Dept. of Commerce and regulations of other applicable U.S. or foreign agencies.

Securities law compliance. Certain Confidential Information may be material and nonpublic. Under the applicable securities laws, your access to such information may prohibit you and your family members, employees, contractors, representatives and agents from (i) buying or selling Applied securities (“insider trading”) and (ii) passing such information to anyone who may buy or sell Applied securities (“tipping”), until such information has been disclosed to the public and absorbed by the market. Without limiting your other obligations under these Terms of Use, you agree to comply with all applicable federal, state and foreign securities laws prohibiting insider trading and tipping, and will immediately notify Applied in the event of any insider trading or tipping by you or your family members, employees, contractors, representatives or agents of which you become aware.

Applied Internal Systems. Your access to this system or any other Applied systems is subject to Applied’s technical and security requirements disclosed in connection with that access. You consent to your access being monitored and recorded, and you agree not to share your login credentials with any person. Unauthorized use of this system is trespassing and may subject the trespasser to criminal prosecution.

Independent contractor. The term “Partner” is used in a colloquial sense, and not in its legal sense. You are an independent contractor and not an agent, employee, or partner of Applied. You have no authority to bind Applied.

Governing law. This Agreement and any dispute relating to this Agreement or the Parties' relationship shall be governed by California law excluding its choice of law rules.