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1. End User License Agreement. This End User License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) and Actio Software Corporation (the "Company") regarding the use of the MSDSxchange.com website and/or services including, but not limited to My Binder, as the case may be, which may include user documentation provided in "online" or electronic form (the "website"). BEFORE YOU CLICK ON THE "I AGREE" BUTTON BELOW THIS AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "I DISAGREE" BUTTON AND THE website WILL NOT BE DOWNLOADED TO YOUR COMPUTER. 2. Grant of License. During the term of your subscription license, subject to the payment of the applicable fees and your compliance with the terms and conditions hereof, this Agreement permits you to use five copies of the specified version of the website, for internal purposes only, on only five computers, and only by five users, at a time. Your right to use is non-exclusive. If you have purchased multiple licenses for the website, then at any time you may have as many copies of the website in use as you have licenses. The website is "in use" on a computer when it is accessed by a user from the said computer and given the machine ID of that computer. The third party websites you access through MSDSXchange ™ are not owned, operated or otherwise affiliated with Actio Corporation. Actio Corporation does not warrant the accuracy of the information on these web sites and users are cautioned to abide by the web sites' accessed terms of use. We reserve all rights not expressly granted herein. 3. Copyright. The website is owned by Company or its suppliers or licensors and is protected by United States copyright laws and international treaty provisions. We (and our suppliers and licensors) own and retain all right, title and interest in and to the website, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein. Therefore, you may not use, copy, or distribute the website without written authorization. 4. Restrictions. You may not rent, lease, license, or loan the website, but you may transfer your rights under this Agreement permanently, provided you transfer this Agreement, the website and all accompanying printed materials, retain no copies, and the recipient agrees to be bound by the terms and conditions of this Agreement. You may not reverse engineer, decompile, or disassemble the website, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not make error corrections to, or otherwise adapt or modify, or create derivative works based upon the website. 5. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. NO WARRANTIES. THE WEBSITE IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE WEBSITE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE WEBSITE. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE WEBSITE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE WEBSITE MAY NOT BE AVAILABLE OR BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE WEBSITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, ACTIONS AND OMISSIONS OF THIRD PARTIES, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF THE COMPANY. THEREFORE, THE COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR WEBSITE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. b. ANY MATERIAL DOWLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM. YOU UNDERSTAND THAT EXCEPT FOR INFORMATION, PRODUCTS OR SERVICES CLEARLY IDENTIFIED AS BEING SUPPLIED BY ACTIO, ACTIO DOES NOT REVIEW, OPERATE, OR CONTROL, ANY MATERIAL, INFORMATION, PRODUCTS, OR SERVICES ON WEBSITES OF THIRD PARTIES, INCLUDING THOSE ACCESIBLE THROUGH ACTIO'S SITES. c. ACTIO DOES NOT WARRANT THAT INFORMATION OF THIRD PARTIES, INCLUDING MSDS INFORMATION, IS UP TO DATE, IN COMPLIANCE, OR FULLY ACCURATE. 6. LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE WEBSITE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR WEBSITE WHETHER PROVIDED BY THE COMPANY OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR WEBSITE DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, OR THE INCOMPATIBILITY OF THE WEBSITE WITH ANY HARDWARE, WEBSITE OR USAGE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 7. Waiver of Responsibility for Defective or Contaminated Materials. ACTIO disclaims any responsibility for any errors or omissions such as unintended technical inaccuracies or typographical errors, in any materials. You also understand that ACTIO cannot and does not guarantee or warrant that files accessible will be free of "infection" or "viruses," "worms," "Trojan Horses" or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Actio Sites for the construction of lost data. Use of the Actio Sites and the internet generally is at the User's own risk. 8. U.S. Government-Restricted Rights. The website and accompanying documentation are deemed to be "commercial computer website" and "commercial computer website documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or disclosure of the website and accompanying documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 9. Export Restrictions. You may not download, export, or re-export the website (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or (c) in contravention of United States or other applicable law. By downloading or using the website, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. You acknowledge that it is your sole responsibility to comply with any and all government export and other applicable laws, regulations and rules and that the Company has no further responsibility for such after the initial license to you. 10. Your Information and the Company's Privacy Policy. By entering into this Agreement, you agree that the Company may collect and retain information about you, including your name, email address and credit card information. The Company employs other companies and individuals to perform functions on its behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. The Company publishes a privacy policy on its web site and may amend such policy from time to time, in its sole discretion. You should refer to the Company's privacy policy prior to agreeing to this Agreement for a more detailed explanation of how your information will be stored and used by the Company. The Company's privacy policy is provided as a courtesy to you for informational purposes only and contains statements of the Company's present guidelines and goals with respect to the collection, retention and use of data the Company may obtain from your purchase or use of the website. The Company does not make any and hereby disclaims to the maximum extent allowed by law any and all covenants, representations and warranties with respect to its compliance with the statements of intent contained in the Company's privacy policy. 11. General. This Agreement is governed by the laws of the United States and the State of New Hampshire, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement shall not be subject to the Uniform Commercial Code. Any dispute between you and the Company regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the county of Rockingham, state of New Hampshire, USA. This Agreement is the entire agreement between you and Company and supersedes any other communications, oral or written, or advertising with respect to the website and documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorized representative of the Company. 12. Contact Information. Should you have any questions concerning this Agreement, or if you desire to contact the Company for any reason, please call (603) 929-2110, fax (603) 929-1442, or write: Actio Software Corporation, 6 Merrill Industrial Drive, Hampton, New Hampshire 03842. http://www.actio.net.
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