Website User Agreement

Information that Benchmark makes available on the Website may relate to products and services that Benchmark does not make available in your country.

Please consult your local Benchmark representative for information on products and services available in your country. For all Benchmark products and services, please refer to the agreement relevant to those products and services.

This Website User Agreement ("Agreement") applies to your use of the website ("Website") operated by Benchmark Electronics Inc. and its subsidiaries and affiliated companies] (collectively “Benchmark”, the “Company”, “we”, “our”, or “us”), a global product realization services company with unique capabilities in aerospace, defense, complex industrials, semiconductor capital equipment, next-gen communications, advanced computing, and medical technologies.

This Website is not intended for use by children. You may only use the Website if you are legally able to agree to the terms of this Agreement.

1. Acceptance of Terms

By accessing or using the Website, you confirm that you accept the terms and conditions provided in this Agreement as may be amended and/or supplemented from time to time, and that you agree to comply with them. We reserve the right to update this Agreement at any time, and such changes shall be effective immediately upon posting on the Website, and you should review this Agreement periodically. Your continued use of the Website after any modifications indicates your acceptance of the updated Agreement. If you do not agree to the terms of the Agreement, please do not use the Website.

2. Intellectual Property Rights

All content, including but not limited to text, graphics, logos, images, and software, on the Website is the property of Benchmark or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without the express written permission of Benchmark. Except as otherwise provided in any additional terms for any products and services, you may print or download content from the Website for commercial, personal, or informational use, provided that you keep intact all copyright and other proprietary notices, where applicable. Benchmark may freely use any comments or suggestions voluntarily submitted by you (through, for example, an online feedback form) without needing to ask permission or make a payment to you, where applicable.

3. Use Restrictions

You agree not to use the Website for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Website. You may not attempt to gain unauthorized access to any part of the Website. Where applicable, you may not attempt to gain unauthorized access to other accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means. You agree not to reverse engineer or jeopardize the functioning of the Website, or otherwise attempt to derive the source code of the software that underlies the Website. You agree not to upload or transmit any form of virus, malicious code, or similar, to the Website. You agree not to interfere with or disrupt the performance of the Website. You agree not to use any automated means (including bots, crawlers, or scrapers) to access or collect data from or continuously monitor the Website.

4. User Responsibilities

Where applicable, when you participate in our online forums, blogs and communities, you are responsible for all your activity and content you post and make publicly available. We do not guarantee the accuracy of any content. You agree to not post any confidential or proprietary information and we will not be responsible for maintaining the confidentiality of this information. Also where applicable, you are responsible for maintaining the confidentiality of any account information or passwords associated with your use of the Website. You agree to notify Benchmark immediately of any unauthorized use of your account or any other breach of security by contacting us using the details provided at section 12 of this Agreement. Benchmark will not be liable for any loss or damage arising from your failure to comply with these responsibilities.

5. Privacy and Data Collection

Please review our website Privacy Policy, which explains how we use your personal information. Where consent is legally required before we use your personal information, by using the Website, you consent to our use of your personal information as described in our website Privacy Policy. If you do not accept the terms of our Privacy Policy or, where applicable, you do not consent to our use of your personal information, you must immediately discontinue using the Website.

6. Third-Party Links

The Website may contain links to third-party websites that are not owned or controlled by Benchmark but are provided to you solely for your convenience and do not imply endorsement. Benchmark has no control over and assumes no responsibility and provides no representations or warranties, for the content, privacy notices or policies, or practices of any third-party websites. Benchmark is not responsible or liable for any damage or loss caused by or in connection with your use of any third-party websites, and it is your responsibility to take precautions to ensure any third-party websites and links are safe to access.

7. Disclaimer of Warranties

The Website makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the accuracy of information, content, or materials included on the Website, and is provided on an ‘as is’ basis only. Benchmark makes no

warranty that the Website will be error free, uninterrupted, timely, secure, or meet your needs and expectations. The information obtained from the Website will not create any warranty, representation or guarantee. You expressly agree that your use of the Website is at your sole risk.

8. Limitation of Liability

In no event will Benchmark be liable to any party for any direct, indirect, incidental, special, or consequential damages resulting from your use of the Website, or third-party websites, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if we were advised or should have known of the possibility of any such damages.

9. Indemnification

You agree to indemnify, defend, and hold Benchmark harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees, to the extent attributable to your use of the Website, and any Website content, or any violation by you of the terms of this Agreement.

10. Governing Law and Jurisdiction

We will seek to resolve any matters including disputes relating to this Agreement or your use of the Website shall, amicably and without resorting to formal court proceedings. Otherwise, any matters including disputes relating to this Agreement or your use of the Website shall be governed by and construed in accordance with the laws of the United States of America or the laws of any applicable jurisdiction, as determined by us based on the location of our operations, users, or services. The application of any conflict of law rules that would result in the laws of another jurisdiction being applied is expressly excluded. Any actions or disputes arising out of or in connection with this Agreement and your use of the Website shall be resolved by the courts of the United States of America or the court of a jurisdiction, as determined by us based on the location of our operations, users, or services, as applicable.

11. General

If any of the terms are deemed unenforceable or invalid by a court, this does not impact the validly of rest of the terms of this Agreement. Any non-enforcement of any of the terms of this Agreement by Benchmark shall not be construed as a waiver of those terms or the right to enforce those terms at a later date. Third parties do not have any rights to enforce the terms of this Agreement.

12. Contact Information

If you have any questions or concerns about this Agreement or the Website, please contact us at legal@bench.com.