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Agreement

Welcome to the Kovair VIPCenter solution. The following terms help protect our users from inappropriate or illegal use. As part of the service, you will be provided a Web browser interface to the VIPCenter system. 

1. INTRODUCTION AND ACCEPTANCE OF TERMS 
The use of the VIPCenter service (the "Service") is offered subject to the following terms and conditions ("Terms"), which may be amended from time to time without notice to you. By using the Service, you agree to the Terms. If you do not agree, please contact us and we can explain the protection that these terms provide you and every other user of the service, but, meanwhile, please do not use the Service. It is your responsibility to review the current Terms from time to time so you will be apprised of any change. Unless otherwise agreed to in writing between you and Company, the Terms, as amended, shall govern your use of this World Wide Web site and of the Service. Please note that at any time, if it is determined by Company that you have abused or violated the letter or intent of any of these terms, conditions and guidelines, Company reserves the right to terminate your access to the Service immediately without notice.
2. REGISTRATION; PASSWORDS AND SECURITY
In order to use the Service you must have been invited by a customer of the Service. You will need a user name and password provided by the customer of the Service to use the Service. You are responsible for maintaining the confidentiality of the user name and password, and are responsible for all activities that occur under your user name and password, whether or not authorized by you.
3. USER INFORMATION; COMPANY PRIVACY POLICY
Any information provided by you via the Service is kept private in accordance with the privacy policy of the customer that invited you to use the Service.
4. RULES FOR AND LIMITATIONS ON USE OF THE SERVICE 
Company may establish rules for and limitations on your use of the Service. Company reserves the right to change these rules and limitations at any time, in its sole discretion, with or without notice to you. Company may modify or discontinue the Service (or any part thereof), temporarily or permanently, and may remove content from any page within the Service, with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification or discontinuance of the Service or removal of content from the Service. You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Service, or use of or access to the Service. Use of the Service for or in conjunction with the transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation whether domestic or foreign is prohibited.
You also agree not to use the Service:
(a) to use, upload, post, distribute, publish or otherwise transmit through the Site any content which is (i) libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (ii) violates the rights of others, such as content which infringes copyright, trademark, trade secret, or patent rights; or (iii) violates any right of privacy or publicity; or (iv) otherwise violates any applicable law;
(b) in any manner prohibited by law or regulation;
(c) to violate or invade the privacy of any third party;
(d) to use another user's, or to allow another person to use your, login or password or account information;
(e) to threaten, harass, defame, embarrass, distress, or otherwise harm any other person or group; 
(f) to harm minors in any way;
(g) to distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner's consent;
(h) to violate the security or interfere with the operations of provider or company, whether intentionally, negligently or otherwise;
(i) to access any data, server or account which you are not authorized to access;
(j) to test the vulnerability or breach the security or authentication measures of any system or network; or
(k) to interfere with the Service provided to anyone else.
5. TERMINATION 
Because your use to the Service is subject to Company's continued affiliation with the customer that invited you, if such affiliation ends, Company may terminate your access to the Service at any time and for any reason without prior notice. Company will not be liable to you or any third party for any termination of your access to the Service. 
6. LINKS 
The Service may provide links to other World Wide Web sites or resources. Company has no control over or responsibility for such sites and resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Company provides the links to you only as a convenience and inclusion of any link does not imply endorsement of the site.
7. COMPANY'S PROPRIETARY RIGHTS AND LIMITED LICENSES
You acknowledge and agree that the Service and any content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site and software used in connection with the Service ("Software") contain proprietary information that is protected by applicable intellectual property and other laws and, as between you and Company, Company shall own all right, title and interest in and to all proprietary information embodied in the Service and the Software subject only to the express licenses granted herein. Except as expressly authorized by Company, you may not modify, rent, lease, loan, sell, distribute, transmit, publish or create derivative works based on the Service or Software, in whole or in part. Subject to the Terms, Company grants you a personal, non-transferable and non-exclusive, limited right and license to access and use the Software and the Service as provided to you by Company on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, distribute, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. 
8. VIOLATION OF TERMS OF USE
In the event of any actual or potential violation of the terms or conditions of these Terms, Company reserves the right to suspend or terminate, either temporarily or permanently, any or all Services provided to you, to block any prohibited activity, or to take any other action as deemed appropriate by Company in its sole discretion. Customers who violate these Terms may additionally incur criminal and/or civil liability. Company may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.
9. INDEMNITY
You agree to indemnify, defend and hold harmless Company, its affiliates, officers, directors, employees, consultants and agents from any and all claims, liability, damages and/or costs (including without limitation attorneys' fees and legal costs) arising from your use of the Service, or from your violation of the Terms. Payment by you under this provision will not prevent Company from obtaining other legal or equitable remedies against you.
10. DISCLAIMER OF WARRANTIES 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 
YOUR USE OF THE SERVICE AND THE SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND THE SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE OR THE SOFTWARE WILL MEET YOUR EXPECTATIONS, (II) THE SERVICE OR THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR (V) ANY ERRORS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11. LIMITATION OF LIABILITY 
YOU AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE AND/OR THE SOFTWARE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM THE SERVICE AND/OR THE SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT BY ANYONE OTHER THAN COMPANY; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 
12. TRADEMARK INFORMATION 
The Service, Company, the Company logo and other Company product and service names are trademarks, service marks or logos, as applicable, of Company (the "Company Marks"). Other trademarks, service marks and logos used in the Service are the trademarks, service marks or logos of their respective owners. No right to use any trademark, service mark or logo of Company or any other person is granted under these Terms.
13. INTERNATIONAL USE 
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 
14. NOTICES
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service. 
15. This software embeds JEP, DynAPI under the GNU General Public License.  Please 
contact Kovair to obtain JEP, DynAPI source code.
16. GENERAL INFORMATION 
The Terms constitute the entire agreement between you and Company and govern your use of the Service, superceding any prior agreements between you and Company. You also may be subject to additional terms and conditions that are applicable to certain other services available throughout the Service and Company Site. The Terms and the relationship between you and Company shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county serving San Francisco, California. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of your rights or obligations under the Terms without Company's express written consent. The Terms inure to the benefit of Company's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Company providing the Service is Kovair Software, Inc.

Company Terms of Use
Rev. 2002-05-15

Free 30-Day Trial of VIPCenter

Please fill out the form below, and we'll send you an e-mail with all the information you'll need to get started on a free 30-day trial of the VIPCenter! We request that you provide a valid e-mail address, contact phone number and company URL. Failure to do so may result in cancellation of the free trial within 48 hours.

Your free trial will enable you to invite up to 4 other users, and to create up to 10 extranet sites. At any time, please call Kovair Sales toll-free at 1-866-4-KOVAIR for help and support with your VIPCenter trial.

Thank you for your interest in the Kovair VIPCenter!

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Sales information: 1-866-4-KOVAIR · sales@kovair.com

Kovair, Inc.