Powel Corporation Web Site Privacy Statement

This Privacy Statement describes our current privacy practices with regard to information we collect when you or your computer interact with our Web sites, including www.powelinc.com, www.scadacam.net and other sites within our domains.

Information Collection and Use
We collect information from our users and their computers when they view our Web sites. We collect both personally identifiable and non-personally identifiable information. We also collect information from you when you request support or make inquiries about our products or services.

We may ask you to provide us with personally identifiable information at various points while you use our Web sites, such as when you register for a Web site account. Examples of the types of personally identifiable information we collect range from your e-mail address to your name, street address, phone, or fax number.

We use the personally identifiable information you provide about yourself to fulfill your requests to respond to your inquiries about our offerings, and to customize the content of our Web sites. We use your e-mail address and other personally identifiable information to send you service notifications about your account, about the services you currently use, if any, and concerning changes to our Privacy Statements, Acceptable Use Policy, Web site Terms of Use, or other legal or policy matters. If you have given us permission, we will use your e-mail address and other personally identifiable information to send you our newsletter or to communicate with you about products and services we believe may be of interest to you.

We also may use some of this information in anonymous or statistical forms, such as aggregating geographic information from user addresses or types of industries in which users work, to better understand our customers. We also may ask you to optionally provide us information about your interests to be used for similar purposes. We will ask your permission before using this type of information in a way that personally identifies you.

Log Files
We use the information in our server log files to analyze trends in the usage of our Web sites, to administer and maintain our Web sites, to track a user's path through our Web sites, and to gather broad demographic statistics about our Web sites and the ways in which they are used. Most of the information in these files is not unique to you as an individual, such as the files requested and pages you visit on our Web sites, the Web sites from which you may have been referred to our Web sites, and information about the type of browser you use and its settings. Some of the log files contain IP addresses and other personally identifiable information, which are used to identify user connections and to resolve technical issues related to administration of our Web sites.

Cookies
A cookie is a small text file stored on a computer that contains information associated with that computer. Our Web sites use cookies for several purposes, such as maintaining your login state, improving the content of our Web sites, providing you with information tailored to your interests, customizing the content of our Web pages, and improving the security of your use of our Web sites. Login cookies are linked to your e-mail address, which is stored with other personally identifiable information.

You can instruct your browser to stop accepting cookies from our Web sites. If you do so, however, you will hinder your experience by viewing some information on our Web sites and logging into forums and message boards, as well as preventing us from displaying content customized to the preferences you have specified. You should, however, be able to access most parts of our sites that are available to the general public.

Disclosure of Information
We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary.

To fulfill your requests for products or services, to protect the security of our software, services, Web sites, and users, to protect ourselves from liability, to respond to legal process or comply with law, or in connection with a merger, acquisition, or liquidation of the company. We share statistical information about users of our Web sites with third parties, but we do not link this information to any personally identifiable information.

Security
We take measures to protect the security of personally identifiable information we hold about you. These measures include encrypting sensitive information during transmission, limiting the number of our employees who have access to personally identifiable information, requiring employees with access to personally identifiable information to take appropriate measures to safeguard it, and storing your information in secure places that are protected using standard security technologies.

Changes to this Privacy Statement
Powel Corporation will occasionally update this Privacy Statement as our business and products evolve. When we do, we will also revise the "last updated" date at the top of the Privacy Statement. For material changes to this Privacy Statement, Powel Corporation will notify you by placing prominent notice on the Web site.

Contact Us
If you have questions about this Privacy Statement, its implementation, or our practices, please contact us at information@powel.com.

Terms and Conditions for Use of this Web Site

Thank you for visiting our Web site. By accessing or using any areas of our Web site (www.powelinc.com and all related servers operated by Powel), you are bound by the terms and conditions set forth below, and our Web Site Privacy Statement. If you do not accept these terms and conditions, you may not access or use this Web site. We retain the right to modify these terms and conditions at any time by posting new terms and conditions on this page.

Permission to Use This Web Site

Many portions of this Web site are available for public viewing and use. You must register or enter into a separate agreement with Powel to access other portions of this Web site. Subject to the terms and conditions set forth on this page, and our Privacy Statement, and the terms and conditions of any license or other agreement pursuant to which you use our products or services, Powel grants you permission to do the following: (i) view and use for intended purposes those portions of this Web site to which we have granted you access; (ii) make one complete, unaltered electronic copy and/or one complete, unaltered paper copy of any page on this Web site to which we have granted you access, provided you retain all copyright, trademark, and other proprietary rights notices and that you use it solely for personal or internal business purposes and do not distribute or republish it; (iii) obtain our products and sign up for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any license agreement or other agreement associated with those products and services; and (iv) use the discussion forums, contact lists and e-mail links to which you have been granted access to interact with Powel and other users of our products and services in ways that do not violate our Privacy Statement. Any other use of this Web site or its contents is prohibited without first obtaining written permission from Powel.

Copyright, Trademarks and Other Proprietary Rights

This Web site contains text, data, software, photographs, graphics, videos, music, sounds, and other information and material that is protected by state, national, and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of Powel and/or its licensors or affiliates, and Powel and its licensors and affiliates reserve all rights with respect to this Web site's content, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove, and create derivative works of it.

Powel and logo, StakeOut and logo, ScadaCam and logo, LookOut, and EaseOut are trademarks of Powel. IMP is a trademark of Natural Resources Canada, Copyright 2004. Use of Powel's trademarks is subject to the terms and conditions of our Trademark Usage Policy. Other trademarks, product names, company names, and logos appearing on this Web site are the property of their respective owners. You must obtain permission from those owners before copying or using their trademarks, product names, company names, or logos.

Linking, Framing, and Metatags

You may make referential links to any of the publicly accessible pages on this Web site that are not password protected, subject to review and termination by us at any time and for any reason. Please be aware that we continually update and revise our Web site. We cannot guarantee that each page to which you may provide a link will remain available or that its content will remain the same.

You may not link to our Web site in any way that might lead others to believe that our Web site or any of its contents were created or are operated or offered by you or any party other than Powel. Unless you have entered into a separate written agreement with us permitting you to do so, you may not frame or otherwise display any portion of our Web site or any of its contents, nor may you place any text or other content on your Web site that states or implies that there is any association between you and Powel.

You may not use any of Powel's trade names, trademarks, or any of the textual content of our Web site as Metatags in your own Web site, unless we have granted you a license explicitly permitting you to do so.

Communication and Submissions via This Web Site

Whenever you communicate with Powel or others using this Web site, including its forums and e-mail links, your communications are nonconfidential. Powel is free to use all submissions, ideas, and feedback contained in your communications in any manner that is consistent with our Privacy Statement, including, but not limited to, incorporating your suggestions into our product and service offerings without any financial or other obligation to you.

Member Account, Security, and Password

If any of the products or services available to you on this Web site requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You may be asked to choose a user name and/or password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Powel immediately of any unauthorized use of your account or any other breach of security. Powel will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Powel or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Third Party Statements and Opinions

Powel is not responsible for any opinions, advice, or statements made by third parties. Except as required by law, we have no obligation to monitor users' postings to our forums or to remove or retain forum content, although we reserve the right to do so.

No Warranties

THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. POWEL , AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, "AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEB SITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEB SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR COMPLETENESS OF CONTENT, OR the availability or quality of any products or services AVAILABLE VIA this Web site (except as may be set forth in any license or other agreement related to those products or services).

Limitation of Liability

EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT BETWEEN YOU AND POWEL PERTAINING TO Powel's PRODUCTS OR SERVICES, neither Powel nor any of its affiliates will be liable for ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER LOSSES OR damages arising out of or RELATED TO use of this Web site OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEB SITE, whether as a result of errors, omissions, LOSS OF DATA, defects, viruses, interruptions, or delays in operation or transmission, or ANY other cause. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF POWEL AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED.

IN NO EVENT WILL POWEL AND ITS AFFILIATES' TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR US$1O.

Some jurisdictions limit the exclusion OF DAMAGES or limitation of liability, so the above exclusions AND limitations may not apply to you. IF any part of the exclusions of DAMAGES OR LIMITATION OF liability set forth above is unenforceable under applicable law, POWEL'S AND its affiliates' AGGREGATE LIABILITY will BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Export and Import Restrictions

This Web site is controlled and operated by Powel from its offices within the United States. Powel makes no representation that the products, services, and other materials available through this Web site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited.

Miscellaneous Terms and Conditions

The terms and conditions contained on this page apply generally to your access to and use of this Web site and our products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on other pages of this Web site or by the terms and conditions of the licenses or other agreements pursuant to which you obtain our products or services. A specific provision in any of those notices, licenses, or agreements that addresses the same subject matter as a provision on this page overrides the provision on this page.

Other companies and products mentioned in the Powel Web site may be trademarks or registered trademarks of their respective owners.

No delay or failure to take any action or exercise any right that Powel may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by Powel.

Any litigation arising out of or related to your access to or use of this Web site will be brought only in the United States District Court for the District of Minnesota, or, if federal subject matter jurisdiction is lacking, then in the Minnesota state trial court for the division and county in which Powel or its successors is then located. By accessing or using this Web site, you submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses, and costs incurred in connection with the litigation.

The terms and conditions contained on this page will be governed by and interpreted in accordance with the laws of the State of Minnesota, USA, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. If any of the terms or conditions contained on this page are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms and conditions will remain in full force and effect, and the invalid or unenforceable term or condition will be deemed superseded by a valid, enforceable term or condition that matches the practical effect of the original provision as closely as possible. These terms and conditions set forth our entire agreement with you related to your use of this Web site, and they prevail over any other communications we may have regarding its use, with the exception of an agreement signed by an authorized representative of Powel that explicitly authorizes a use which is inconsistent with these terms and conditions.