TERMS OF USE

Last Updated: November 24, 2006

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THESE CONDITIONS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THE CONDITIONS, DO NOT ACCESS ANY OF OUR ONLINE INFORMATION AND CEASE FROM FURTHER USE OF THIS SITE INCLUDING ALL OF THE PAGES ON THE SITE.

The site and the information (including changes to the terms herein) may be changed or updated from time to time without notice.

General Terms

References to WESTAIM in this Terms of Use agreement include The Westaim Corporation, iFire Technology Corp., NUCRYST Pharmaceuticals Corp. and any other affiliates of The Westaim Corporation.

While efforts are made to ensure that the information and materials contained in this site are accurate, they are provided on an “as is” basis. WESTAIM does not warrant or make any representations or claims as to the accuracy, adequacy, validity, timeliness, completeness or otherwise of this information and materials, and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express, or statutory is given in conjunction with the information and materials. In addition, internet software transmission problems could produce inaccurate or incomplete copies of documents or other material from WESTAIM’s site when downloaded and displayed on a user’s computer. The information and materials available on this site are general in nature and are not intended to provide specific legal, accounting, financial or tax advice to any user. WESTAIM shall not be liable or responsible for any claim or damage, direct or consequential, arising out of the interpretation, reliance upon or other use, authorized or unauthorized, of such information. In consideration for using this site, you agree to hold WESTAIM and its respective directors, officers, employees and agents harmless against any claims for damages or costs or any loss of any kind arising out of the access to or use of this site or any information contained in or obtained through this site. Other than as required by applicable law, WESTAIM disclaims any intention or obligation publicly to review, revise or update any information contained on this site whether as a result of new information, future developments or otherwise.

This site or any document contained hereon may contain forward-looking statements about the operations, objectives and strategies of WESTAIM. Forward-looking statements are typically identified by the words "may", "could", "should", "would", "will", "suspect", "outlook", "believe", "anticipate", "estimate", "expect", "intend", "plan", and words and expressions of similar import. Forward-looking statements are not guarantees of future performance. These statements are subject to risks and uncertainties. Actual results may differ due to a variety of factors, including delays or problems in the patenting process, complexities in the development process of any technology, market and competing technologies affecting the manufacture and market of WESTAIM technologies, errors in assumptions upon which cost estimates are based, legislative or regulatory development or delays in approvals, market or economic conditions affecting the products’ development, demand or financing, and general industry and market conditions and growth rates. This list is not exhaustive of the factors that may affect any of WESTAIM 's forward-looking statements. These and other factors should be considered carefully and users of this site should not place undue reliance on WESTAIM 's forward-looking statements.

No information contained on this site is to be considered as an offer to sell or a solicitation to buy any securities in any jurisdiction. Information disclosed under corporate securities legislation of Canadian, U.S. or other jurisdictions applicable to WESTAIM is not intended in any way to be qualified, amended, modified or supplemented by information available in, through or on this site.

The documents and information available on this site are provided as a convenience and for information purposes only. Where any documents on this site have been filed in accordance with applicable securities law, such documents are not the official versions of WESTAIM's securities law disclosure documents.

Certain links on this site lead to sites maintained by independent parties over whom WESTAIM has no control. WESTAIM makes no representation to the accuracy or any other aspect of the information contained on such sites, and WESTAIM disclaims any responsibility for the content or privacy practices of such sites.

IN NO EVENT WILL WESTAIM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE, EVEN IF WESTAIM, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSES OR EXPENSES.

Intellectual Property

“WESTAIM” and the WESTAIM Triangle Design are registered trade-marks of The Westaim Corporation. “NUCRYST”, “NUCRYST PHARMACEUTICALS” and “SILCRYST” are trade-marks of NUCRYST Pharmaceuticals Corp., used under licence by The Westaim Corporation. “IFIRE” and "COLOR BY BLUE" are trade-marks of iFire Technology Corp., used under licence by The Westaim Corporation. A list of WESTAIM and WESTAIM affiliate trade-marks can be viewed by clicking here. All other brand and product names are trade-marks or registered trade-marks of their respective holders. The display of any of the names, words, titles, phrases, logos, icons, graphics or designs in the pages of this site does not imply that any license to the same has been granted to any user of this site.

Copyright laws of Canada protect information contained in this site. Although users of this site shall be entitled to use information contained herein for their personal use, users may not republish or reproduce any such information in any manner whatsoever, including electronic reproduction by "uploading" or "downloading" without the prior written consent of WESTAIM. No permission is expressed or implied to copy, redistribute, reproduce, republish, upload, post, transmit, or distribute any information found in the pages of this site in any form whatsoever for any purpose, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of WESTAIM's copyright and other proprietary rights.

The material and information on this site are being made available only under the conditions set out herein. WESTAIM reserves its rights to the intellectual property presented in and by this site, which includes, but is not limited to, its copyrights, trademarks and corporate logos.

Information Provided by User and Network Security

By accessing this site, you agree that any information you submit is insecure and could be observed by a third party while in transit. If you are submitting information that you would like to keep private, it would be safer for you to make such submission by other means. Submissions containing personal information are governed by the Privacy Policy set forth below.

In the event that you have submitted information, content or ideas through this site, including where the information, content or ideas may be the subject of statutory protections such as copyright or patent, you hereby grant to WESTAIM a right to use such information, content or ideas, and waive any rights to and release WESTAIM from any claims you may have to restriction of or compensation for such use.

Acceptable Use Policy: Any conduct by the user of this site that is contrary to domestic or national law, order or regulation, is a violation of this Terms of Use Acceptable Use Policy (AUP). Prohibited activities include, but are not limited to:

Uploading, submitting or disseminating material which violates copyright or intellectual property rights. The user assumes all risk regarding whether material is in the public domain,
Posting, submitting or disseminating unlawful material (such as child pornography, obscene material, or material that constitutes an illegal threat), or defamatory material,
Circumventing or attempting to impair user authentication or the security of this site, related databases, host servers, or networks;
Introduction of malicious programs (such as viruses, worms, Trojan horses, e-mail bombs) into the site or servers, and
Fraudulent activities, including but not limited to: impersonating any person or entity, or forging anyone’s digital or manual signature.
You are responsible for any misuse of the site that originate from your IP address.

You hereby authorize WESTAIM to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at Internet service providers or other network or computing facilities in order to enforce this AUP.

WESTAIM takes reasonable precautions to ensure this site is free of computer viruses. It is recommended that the user install and use appropriate anti-virus or other protective software. WESTAIM DISCLAIMS ANY AND ALL LIABILITY FOR ANY COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROGRAMS THAT MAY BE INADVERTENTLY DOWNLOADED FROM THIS SITE.

General

The failure of WESTAIM to enforce any term of this Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Terms of Use is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

This site will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law. As visitors access this site on a server in Alberta, Canada, the information contained in this site is deemed to be provided in Alberta and is subject to Alberta law and the laws of Canada applicable therein. If you access this site from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws including, without limitation, securities laws and import and export laws.

PRIVACY POLICY

When you submit personal information to us, you understand and agree that we may record and use your personal information in accordance with our Privacy Policy which may include use or disclosure of this information within or between countries, including Canada and the United States.

General

Scope and Application

The scope and application of our privacy policy include the following:

The policy applies to personal information about our individual customers and employees that is collected, used or disclosed by us.
The policy does not impose any limits on the collection, use or disclosure of the following information by us:
A customer's name, address, telephone number and e-mail address, when listed in a directory or available through directory assistance;
An employee's name, title, business address (including e-mail address) or business telephone or fax number; or
Other information about the customer or employee that is publicly available and is specified by regulation pursuant to the Personal Information Protection Act or the Personal Information Protection and Electronic Documents Act.
WESTAIM has developed its Privacy Policy to comply with the Personal Information Protection Act (Alberta), and the Personal Information Protection and Electronic Documents Act (Canada) and to ensure the privacy of any personally identifiable information that you may submit through this site.

Key Principles

Key principles in the Policy governing our information handling practices are:

WESTAIM will limit its use of information collected about you to its internal business operations (including the operations of its affiliates) in order to fulfil the requests or complete and respond to inquires made by you through this site, as well as to facilitate the relationship which we have with you, and to provide you with information about additional products and services that we believe might be of benefit and interest to you. WESTAIM will limit the personal information it collects about you to what WESTAIM needs for those purposes, and only those purposes. If WESTAIM wishes to use your personal information for any other purpose other than those purposes expressly permitted in legislation, WESTAIM will obtain your consent.
The only circumstances in which WESTAIM will release your information to third parties are: where WESTAIM has your consent, to WESTAIM suppliers or agents who assist WESTAIM in serving you, or where WESTAIM is required or permitted to do so by law.
Your information will be protected with safeguards and security measures standards appropriate to the sensitivity level of the information so that your personal information is protected against unauthorized access, disclosure, inappropriate alteration or misuse. WESTAIM will retain your information only for the time it reasonably requires to use it.
Upon your request, you may have access to the information which WESTAIM has on your file in order to verify and amend the personal information held by WESTAIM. WESTAIM will attempt to keep your information as accurate and up-to-date as reasonably possible to fulfil the purposes for which it is to be used.
WESTAIM may collect and gather data when you visit the Site, including keeping track of the domain/IP/Internet Address from which people visit the site, and gathering data when you move from page to page, read pages or download content onto your computer. None of this information is associated with you as an individual. It is measured only in the aggregate and is only utilized to find out how many people visit this Site and which sections of the site are visited the most frequently. You remain anonymous. This information is used only for WESTAIM'S purposes and to improve the services being offered to WESTAIM clients as a whole.

Privacy Officer

If you require more information regarding our Privacy Policy and related practices, or to submit a request for access to your personal information, or if you have a concern or complaint about privacy, confidentiality, or our information handling practices, please contact our Privacy Officer:

Mr. D. Murray, Director – Legal Services
10102 - 114 Street
Fort Saskatchewan, Alberta
T8L 3W4
Telephone: (780) 992-5331

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