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Terms of Use

Welcome

Hydrogenics Corporation (“Hydrogenics”, “we”, “us”, “our”) welcomes you to our website (the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately.

Intellectual Property

The Website is owned and operated by Hydrogenics. Any and all text, data, graphics, typefaces, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained on this Website are proprietary to Hydrogenics, its affiliates and/or third-party licensors. All Content is protected by copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws. Systematic retrieval of data or other Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory is prohibited. In addition, use of the Content for any purpose not expressly permitted in these Terms of Use is prohibited.

You may download or print one copy of the Content to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise copy, reproduce, publish, post, perform, distribute, display, create derivative works from, transfer or sell any of the Content.

Linking

We may offer links on the Website to the websites of third parties. Such links are provided only as a convenience. Please understand that such linked websites are independent from Hydrogenics and that Hydrogenics has no control over the content of such websites. Consequently, Hydrogenics cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites. We have no responsibility or liability for the manner in which these third parties may collect, use, disclose and otherwise treat your personal information. Such websites may be governed by terms and conditions different from those applicable to this Website, and we encourage you to review the terms and privacy policies of those third parties before using their websites.

The links which we might place on the Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

Indemnity

By using the Website, you agree to defend, indemnify and hold harmless Hydrogenics, its licensors and affiliates and their respective employees, officers, directors, or agents from any and all claims, liabilities, costs, fines, penalties, damages and expenses, including, without limitation, reasonable attorneys’ fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your breach of these Terms of Use, or infringement of the rights of any third party.

No Warranties

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.

ACCORDINGLY, YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT INCLUDED ON OR AVAILABLE THROUGH THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYDROGENICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

This Website and any information contained herein is not intended as a solicitation or offering of securities in any jurisdiction. The Content of this Website is not and should not be used as a substitute for independent professional advice in making an investment decision concerning Hydrogenics securities.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL HYDROGENICS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND OTHER LEGAL EXPENSES), RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, (A) ANY ERRORS IN, OR OMISSIONS FROM, THE WEBSITE AND THE CONTENT; (B) ANY THIRD-PARTY WEBSITES, CONTENT AND/OR SERVICES DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS FROM THE WEBSITE; (C) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF; (D) YOUR USE OF, OR INABILITY TO USE, THE WEBSITE; (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE; OR (F) ANY COMPUTER VIRUSES, WORMS OR TROJAN HORSES, ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE THAT IS ATTACHED TO, OR MADE A PART OF, OR UNAUTHORIZED ACCESS TO, THE WEBSITE BY ANY PERSON, GROUP OR ORGANIZATION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Forward-Looking Statements

Certain statements contained in the Website constitute “forward-looking statements”, which may include, but are not limited to, statements with respect to the future financial or operating performance of Hydrogenics. Often, but not always, forward-looking statements can be identified by the use of words such as “plans”, “expects”, “is expected”, “budget”, “scheduled”, “estimates”, “forecasts”, “intends”, “anticipates”, or “believes” or variations (including negative variations) of such words and phrases, or statements that certain actions, events or results “may”, “could”, “would”, “might” or “will” be taken, occur or be achieved. These statements are based on our current expectations and assumptions regarding future events and results that are subject to risks and uncertainties. Actual results could differ materially because of a number of factors including, without limitation, those discussed in our annual financial statements or other reports and filings with securities regulators. You should not rely on any forward-looking statements. Forward-looking statements contained on the Website are made as of the date of their posting. We do not undertake any duty to update or revise any forward-looking statements to reflect current information, events, results or circumstances.

Privacy

Hydrogenics respects your privacy. In general, you can visit the Website without telling us who you are or providing us with any information. However, we collect the IP (Internet protocol) addresses of all visitors to the Website and other related information such as page requests, browser type, operating system and average time spent on the Website. We use this information to monitor and improve the Website.

We may collect personal information when you sign-up to receive one of our email or other marketing communications (such as newsletters or investor updates) or information about our products and services, apply for employment with Hydrogenics, or contact us with a comment, question or complaint. The information we collect may include your first and last name, email address, mailing address, and other information that you provide. We use this information in order to provide you with the service you requested, to assist you, and to improve our product and service offerings.

In connection with a job application or related inquiry, you may provide us with certain personal information about yourself (such as that contained in a resume, cover letter, or similar employment-related materials). We use this information for the purpose of processing and responding to your application.

We will not disclose, trade, rent, sell or otherwise transfer your personal information, without your prior consent, except as set out herein or as otherwise required or permitted by law. We may transfer (or otherwise make available) your personal information to our affiliates and other third parties in Canada and the United States who provide services on our behalf. We may also transfer any information we have about you in the event of a merger with a third party or upon a sale or transfer of all or a portion of our business or assets to a third party acquirer.

We maintain reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control.

For more information on our privacy practices, to withdraw your name from an email or other marketing list, or to access, update, and/or correct inaccuracies in your personal information in our records, please contact us at privacy@hydrogenics.com.

Changes and Termination

Hydrogenics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Hydrogenics reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any content available through the Website, is to stop visiting and using the Website.

Applicable Laws

These Terms of Use are governed by and will be interpreted in accordance with the laws of the Province of Ontario, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms of Use may be brought in the courts located in the Province of Ontario You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Use and waive any objections and defences inconsistent with such venue. By using this Website, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

General

Headings of the sections are for reference purposes only and will not be used to interpret or construe these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms of Use, any provision of these Terms of Use that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Use, including, without limitation, the indemnification and limitation of liability provisions.

Notice

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

If you have any questions or comments regarding these Terms of Use please contact us at privacy@hydrogenics.com.

©2009 Hydrogenics Corporation.

Last updated May 2009.