THE MATERIALS, PRODUCTS AND SERVICES OF MOMENTIVE PERFORMANCE MATERIALS INC. AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY “SUPPLIER”), ARE SOLD SUBJECT TO SUPPLIER’S STANDARD CONDITIONS OF SALE, WHICH ARE INCLUDED IN THE APPLICABLE DISTRIBUTOR OR OTHER SALES AGREEMENT, PRINTED ON THE BACK OF ORDER ACKNOWLEDGMENTS AND INVOICES, AND AVAILABLE UPON REQUEST. ALTHOUGH ANY INFORMATION, RECOMMENDATIONS, OR ADVICE CONTAINED HEREIN IS GIVEN IN GOOD FAITH, SUPPLIER MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, (i) THAT THE RESULTS DESCRIBED HEREIN WILL BE OBTAINED UNDER END-USE CONDITIONS, OR (ii) AS TO THE EFFECTIVENESS OR SAFETY OF ANY DESIGN INCORPORATING ITS PRODUCTS, MATERIALS, SERVICES, RECOMMENDATIONS OR ADVICE. EXCEPT AS PROVIDED IN SUPPLIER’S STANDARD CONDITIONS OF SALE, SUPPLIER AND ITS REPRESENTATIVES SHALL IN NO EVENT BE RESPONSIBLE FOR ANY LOSS RESULTING FROM ANY USE OF ITS MATERIALS, PRODUCTS OR SERVICES DESCRIBED HEREIN. Each user bears full responsibility for making its own determination as to the suitability of Supplier’s materials, services, recommendations, or advice for its own particular use. Each user must identify and perform all tests and analyses necessary to ensure that its finished parts incorporating Supplier’s products, materials, or services will be safe and suitable for use under end-use conditions. Nothing in this or any other document, nor any oral recommendation or advice, shall be deemed to alter, vary, supersede, or waive any provision of Supplier’s standard Conditions of Sale or this Disclaimer, unless any such modification is specifically agreed to in a writing signed by Supplier. No statement contained herein 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 Supplier 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.