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SERVICE LICENSE AGREEMENT ATTENTION: PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE REGISTERING TO USE THIS SERVICE. 1. ACCEPTANCE BY ACCESSING AND USING THIS SERVICE (DEFINED IN SECTION 2), YOU ACCEPT, AGREE TO, AND WILL BE DEEMED TO BE BOUND BY THE TERMS CONTAINED IN THE CURRENT VERSION OF THE SERVICE LICENSE AGREEMENT. YOU ACCEPT SOLE RESPONSIBILITY FOR THE USE, AND RESULTS OBTAINED FROM USE OF THE SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF THIS SERVICE LICENSE AGREEMENT, DO NOT CONTINUE WITH YOUR REGISTRATION PROCESS. 2. DEFINITIONS "License" shall mean a grant to the User of a limited license to access or use the Service subject to the terms of this Service License Agreement. "Licensor" shall mean the owner of the Service, PatentCafe.com, Inc., a California Corporation. "Outside Link" shall refer to any and all databases, Web sites, or other data, product or service providers accessed by the User through the Service. " Service" shall include any information, features, functionality, documentation, intellectual property, or software contained upon http://patentsearch.patentcafe.com or any web site that re-directs to, is linked from, or mirrors the content of any web page on http://patentsearch.patentcafe.com, or any data, systems, algorithms, applications, or source code accessed or stored upon any web server or storage or retrieval device used in association with http://patentsearch.patentcafe.com "Service Access Level". The Service may be offered in various forms, allowing access or restriction to various features, products or services. The scope of the Service under this license is governed by the Service Access Level defined in the Registration section for the Service. Not all provisions of this License will apply to all Service Access Levels. "Transaction" shall mean any discrete activity conducted upon the Service, including but not limited to database search query, submission of an RFP, time recording activity, purchase, account management activity, sending an e-mail message, requesting special services, or accessing features of the Service. "User" includes any individual or entity that views, prints, distributes or otherwise uses the Service whether in electronic or printed form. "User Records" shall mean any Transaction which User records at User's own choosing, for User's own benefit, which records are stored upon the Service subject to the Terms of this License. 3. NOT LEGAL ADVICE. The Service is intended to provide access through internal and outside links to various services, products, and information relating to intellectual property management, and to provide a means to record, manage, store, and retrieve data relating to the use of the Service. NONE OF THE PRODUCTS OR SERVICES, NOR THE SERVICE ITSELF MAY BE RELIED UPON AS PROVIDING SPECIFIC LEGAL ADVICE FOR ANY PURPOSE. THE SERVICE LINKS TO PROVIDERS OF INFORMATION, PRODUCTS AND SERVICES OUTSIDE OF THE SERVICE. NONE OF THE INFORMATION, PRODUCTS OR SERVICES ACCESSED VIA OUTSIDE LINKS MAY BE RELIED UPON AS PROVIDING SPECIFIC LEGAL ADVICE FOR ANY PURPOSE. LEGAL COUNSEL SHOULD BE CONSULTED REGARDING QUESTIONS AND ISSUES OF PROTECTION OR INFRINGEMENT OF RIGHTS, SO AS TO AVOID POSSIBLE LOSS OF RIGHTS OR INFRINGEMENT OF THE RIGHTS OF OTHERS. 4. LICENSE. Licensor hereby grants User a non-exclusive, non-transferable License to obtain access to the Service and all updates thereto. User may use the Service for the recording, storage and retrieval of database contents or Transactions. The License is granted to a single User accessing the Service on a single, stand-alone workstation at any one time, during the term of the License. If the Service is used on a network, then only one workstation shall access the Service at any given time. LICENSE IS GRANTED ONLY FOR SERVICES OWNED BY LICENSOR, OR TO WHICH LICENSOR HAS OBTAINED EXPRESS PERMISSION TO ACCESS OR SUB-LICENSE. The Service, by its nature, provides access to databases, products, or services via outside links of the Service which may be owned by parties other than Licensor. In the event User accesses an Outside Link governed by a license other than this License, User must satisfy the requirements of the Outside Link license. 5. PAYMENT. User shall pay the appropriate subscription fees plus all applicable sales, use or similar taxes for use of the Service. User shall also pay separately for any products or services not included in the License. Except for DAY PASS purchases, all subscriptions are RECURRING. The cost of a recurring subscription will be charged to subscriber's credit card, or billed to subscriber on account, at the beginning of each recurring subscription period. Subscriber may cancel at any time, and subscriber agrees that they will pay up to and including the entire current period at time of cancellation. Payment is in advance, and no refunds will be given on unused subscriptions. 6. PROPRIETARY RIGHTS IN THE SERVICE. Licensor is the owner of the entire right, title, and interest in and to the Service, and it has the sole right to grant licenses thereunder. User acknowledges that the Service or, in the case of Outside Links, that such product, service or data suppliers, shall remain the exclusive property of Licensor or Outside Links, and that User has no rights therein other than as set forth herein. The databases are copyrighted either by Licensor or Outside Links, and all rights are reserved. The Service contains intellectual property including copyrights, trademarks, service marks, claimed patentable matter, and trade secrets. Therefore the User shall NOT: (a) sublicense, assign, or distribute the Service to others, (b) de-compile, reverse engineer, disassemble, or otherwise reduce the Service to a human readable form, (c) modify, adapt, translate, rent, lease, loan, resell for profit, distribute, or otherwise assign or transfer the License or Service, or (d) create derivative works based upon the Service or any part thereof. 7. RIGHTS IN USER'S CONFIDENTIAL TRANSACTION DATA. User is the sole owner of the transaction data User creates on its own behalf by use of the Service, and which is stored upon the User's personal data files upon the Service. User Transaction data is considered confidential, and will be maintained in confidence pursuant to the Licensor's Privacy Policy, except when Licensor is required to disclose User's Transaction Data pursuant to a valid order of a court or other governmental body; provided, however, that the Licensor shall first have given prompt notice to the User sufficiently timely to allow User time to interpose an objection to such disclosure or obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. The Service access level defines any limitations to storage of User's transaction data. In the event user exceeds transaction data storage capacity of User's personal data file storage space on the licensor's servers, User shall (a) be given the opportunity to lease additional data storage space, (b) have the ability to delete transactions thereby freeing up storage space for future transaction storage, or (c) have the opportunity to purchase the service archive transaction data to a CD ROM and sent to user. USER ACKNOWLEDGES THAT FAILURE TO EXERCISE ANY OF THESE SERVICE OPTIONS WILL RESULT IN THE PERMANENT, NON-RECOVERABLE DELETION OF TRANSACTION DATA RECORDS FROM USER'S PERSONAL DATA FILES. 8. PRIVACY POLICY. Licensor operates the Service under its own Privacy Policy clearly accessible on this Web site. User shall read, understand and agree to Licensor's Privacy Policy as a condition of this License. The Service allows Users to access via outside links, databases and Web sites not owned, managed of controlled by the Licensor. Access to such databases and Web sites is normally made under the User's express agreement to the terms of use or privacy policy set forth by the owner or manager of the outside link. 9. "AS-IS" OF INFORMATION. Licensor and Outside Links are providing the Service in an "as is" condition. Neither Licensor nor the Outside Links warrants, guarantees, or makes any representation regarding the accuracy, completeness, correctness, reliability, currency or otherwise, of any of the products, services or databases, or the use or results to be obtained from using the Service or the information contained therein, or any related documentation or written materials. NEITHER LICENSOR NOR OUTSIDE LINKS MAKES ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE DATABASES, AND, IN PARTICULAR, LICENSOR AND OUTSIDE LINKS DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE DATABASES. 10. LIMITATION OF LIABILITY. USER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH LICENSOR IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY LICENSOR OF THE RISK OF LICENSEE'S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH LICENSEE'S USE OF THE SERVICE. ACCORDINGLY, IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE USER FOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, THE LICENSOR SHALL HAVE NO LIABILITY FOR ANY TEXT OR DATA STORED IN OR USED WITH THE SERVICE, INCLUDING THE COST OF RECOVERING OR REPRODUCING THIS TEXT OR DATA. THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LICENSOR'S LIABILITY TO THE USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT PAID BY USER TO LICENSOR FOR THE SUBSCIPTION FEE PAID FOR MOST RECENT MONTH'S ACCESS TO THE SERVICE. 11. ENHANCEMENTS. From time to time Licensor may, in its sole discretion, advise the User of updates, upgrades, enhancements or improvements to the Service ("Enhancements"), and may license the User to use such Enhancements upon payment of prices as may be established by Licensor from time to time. All such Enhancements to the Service provided to the End-User shall also be governed by the terms of this License. 12. ACCESS AND USE. The Service is made available for use 24 hours per day, 7 days per week. Notwithstanding the foregoing, Licensor reserves the right to shut down the Service to resolve any technical issues that may arise. 13. SYSTEM REQUIREMENTS. User acknowledges that there are certain system requirements that are necessary in order to use the Service, and User is financially and technically responsible for ensuring that these requirements are met. These system requirements are (a) full access to the Internet (TCPIP) and (b) a World Wide Web browser, either Netscape (version 4.0 or higher) or Microsoft Explorer (Version 4.0 or higher). 14. FORCE MAJEURE. Licensor shall not be responsible for any failure to perform, or delay in performance, in whole or in part, due to unforeseen circumstances or circumstances beyond Licensor's control. 15. TERM AND TERMINATION. This License is effective until terminated. This License will terminate (a) upon request by User to terminate, (b) upon completion of the period of time to which the User has purchased a license access to the Service (e.g. completion of the 24 hour period for which a day license is purchased), or (c) immediately without notice from Licensor if User fails to comply with any of its terms and conditions set forth herein. At the end of the license period, access to the Service will end, at which time, and for a period of 15 days thereafter, User may request and Licensor will make available, for an additional fee, a copy of the complete User Transaction backfile then residing on the Service servers copied to a CD ROM (so long as Licensor has not terminated this license due to User's violation of any terms and conditions). IF THIS LICENSE IS TERMINATED AS A RESULT OF USER'S VIOLATION OF ANY TERMS AND CONDITIONS, LICENSOR WILL HAVE NO OBLIGATION TO RETRIEVE, SAVE, ARCHIVE OR OTHERWISE DELIVER TO USER ANY TRANSACTION DATA, AND LICENSOR MAY PERMANENTLY AND NON-RECOVERABLY DELETE ANY OR ALL USER DATA FROM LICENSOR'S SERVERS. 16. GOVERNING LAW. This License will be governed by and construed in accordance with the laws of the State of California, and shall inure to the benefit of Licensor and User and their successors, assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. 17. NOTICES. Any notices or other communications to be sent to Licensor must be mailed first class, postage prepaid, to the following address: Office of the President PatentCafe.com, Inc. 441 Colusa Avenue Yuba City, CA 95991 Any notices sent to User will be sent by e-mail to the last registered e-mail address recorded in the User's user account file. Failure of the User to receive any properly sent notice at the e-mail address in their user account file does not constitute failure of Licensor to send a notice under this provision, provided Licensor properly documents its attempt to deliver such notice. 18. SECTION TITLES. The section titles in the License are for convenience only and have no legal or contractual effect. 19. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Licensor. 20. ACKNOWLEDGMENT. BY CONTINUING THE REGISTRATION PROCESS, THE USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
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