The following are the terms and conditions for use of the eXtreme Outer Vision services described herein (the "Service") between eXtreme Outer Vision and you (either an individual or a legal entity that you represent as an authorized employee or agent) ("You"). Please read them carefully. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("AGREEMENT"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

In order to use the Service, you must first agree to the Terms. You may not use the Service if you do not accept the Terms.

You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by eXtreme Outer Vision in the user interface for any Service; or

(B) by actually using the Service. In this case, you understand and agree that eXtreme Outer Vision will treat your use of the Service as acceptance of the Terms from that point onwards.

1. DEFINITIONS

"Account" refers to the billing account for the Service.

"Calculator Data" means the data concerning the characteristics of computer components selected by You that is collected through use of the Service and then forwarded to the Servers and analyzed by the Processing Software.

"Documentation" means any accompanying proprietary documentation made available to You by eXtreme Outer Vision for use with the Processing Software, including any documentation available online or otherwise.

"Processing Software" means the proprietary eXtreme Outer Vision's Software and any all upgrades to such, which analyzes the Calculator Data and generates the Results.

"Result" means the resulting analysis shown at www.extreme.outervision.com (or such other URL eXtreme Outer Vision may provide from time to time) provided by Processing Software. The details of ouput contained in a Result varies with the edition of the Service.

"Servers" means the servers controlled by eXtreme Outer Vision and/or hosting provider upon which the Processing Software and Calculator Data are stored.

"Software" means the Processing Software.

2. FEES AND SERVICES . You agree to pay or have paid all fees and charges incurred in connection with your subscription for Service at the rates in effect when the charges were incurred. All fees and charges are non-refundable.

eXtreme Outer Vision may change its fees and payment policies for the Service from time to time including but not limited to other fees charged to eXtreme Outer Vision by 3rd party vendors for the inclusion of data in the Service. The changes to the fees or payment policies are effective upon Your acceptance of such changes which will be posted at www.extreme.outervision.com (or such other URL eXtreme Outer Vision may provide from time to time). Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection expenses (including attorneys' fees) incurred by eXtreme Outer Vision will be included in the amount owed.

Lifetime limited access. Lifetime limited access is set to 200 years. This is to simplify the subscription functionality handling.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY . To register for the Service, You must complete the registration process by providing eXtreme Outer Vision with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You shall protect your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You agree to notify eXtreme Outer Vision immediately upon learning of any unauthorized use of Your Account or any other breach of security. From time to time, eXtreme Outer Vision's support staff may log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues. You hereby acknowledge and consent to such access.

4. PERSONAL USE ONLY . The Service is made available for your personal, non-commercial use only.

Subject to the terms and conditions of this Agreement, You may remotely access, process and print the results of Service at www.extreme.outervision.com (or such other URL eXtreme Outer Vision may provide from time to time). Your use of and access to the Software and the Service (which may include, without limitation, the Software, Documentation and the Results) is conditioned upon Your compliance with the terms and conditions of the Agreement, including the following:

You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Software, Calculator Data or the Documentation; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Processing Software, Calculator Data, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; (vi) claim ownership and/or creation of the Software, Calculator Data and/or Service; (vii) use the Service to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales; (viii) take the Result and reformat and display it, or mirror the eXtreme Outer Vision home page or Service and/or Result pages on your Web site. You will use the Software, Service, Calculator Data and Results solely for Your own internal use, and will not make the Software, Calculator Data or Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Calculator Data, Service and Results.

If you want to make commercial use of the eXtreme Outer Vision Services, you must enter into an agreement with eXtreme Outer Vision to do so in advance. Please contact us for more information.

eXtreme Outer Vision reserves the right to monitor your Service subscription usage. eXtreme Outer Vision also reserves the right to void your Service subscription/technical support and/or pursue legal action if any part of this agreement has been violated.

5. FRAUDULENT ACTIVITY . Without limiting any other remedies, indemnities or causes of action available to eXtreme Outer Vision and its affiliates, if you are determined to have engaged in fraudulent activity in connection with our site, services, accounts or third party payment processing sites (including without limitation furnishing false or misleading data or engaging in any activities not in good faith with respect to online services or third parties) or if you otherwise breach this Agreement, eXtreme Outer Vision may suspend, terminate or delete your account(s). All fees and charges paid are non-refundable.

6. CONFIDENTIALITY . "Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such. You are responsible for safeguarding the confidentiality of Your password(s) and user name(s) issued to You by eXtreme Outer Vision, and for any use or misuse of Your account resulting from any third party using a password or user name issued to You. You agree to immediately notify eXtreme Outer Vision of any unauthorized use of Your account or any other breach of security known to You.

7. INFORMATION RIGHTS AND PUBLICITY . eXtreme Outer Vision may retain and use, subject to the terms of its Privacy Policy (located at http://www.extreme.outervision.com/privacypolicy.jsp , or such other URL as eXtreme Outer Vision may provide from time to time), information collected in Your use of the Service. eXtreme Outer Vision will not share information associated with You with any third parties unless eXtreme Outer Vision (i) has Your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of eXtreme Outer Vision, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on eXtreme Outer Vision's behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by eXtreme Outer Vision. When this is done, it is subject to agreements that oblige those parties to process such information only on eXtreme Outer Vision's instructions and in compliance with this Agreement and appropriate confidentiality and security measures.

8. REFUND POLICY . The Service fees and charges are non-refundable.

9. INDEMNIFICATION . You agree to indemnify, hold harmless and defend eXtreme Outer Vision, at Your expense, any and all third-party claims, actions, proceedings, allegation, and suits brought against eXtreme Outer Vision or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by eXtreme Outer Vision or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Any fraud or manipulation, or other breach of any term or condition of this Agreement by you, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, or (iv) Your Brand Features. In such a case, eXtreme Outer Vision will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. eXtreme Outer Vision reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

10. THIRD PARTIES . If You provide access to Your Account or any portion thereof to any third party or use the Service to collect information on behalf of any third party ("Third Party"), whether or not You are authorized to do so by eXtreme Outer Vision, the terms of this Section 9 shall apply to You.

If You use the Service on behalf of any Third Party, You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, that Third Party , (b) as between the Third Party and You, the Third Party owns any rights to Calculator Data in the applicable account, and (c) You shall not disclose Third Party's Calculator Data to any other party without the Third Party's consent.

You shall ensure that each Third Party is bound by and abides by the terms of this Agreement. eXtreme Outer Vision make no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, You shall take all measures necessary to disclaim any and all representations or warranties that may pertain to eXtreme Outer Vision, the Service, the Software or the Results, or use thereof. You agree to indemnify, hold harmless and defend eXtreme Outer Vision, at Your expense, against any and all third-party claims, actions, proceedings, and suits brought against eXtreme Outer Vision or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by eXtreme Outer Vision, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) any representations and warranties made by You concerning any aspect of the Service, the Software or Results to Third Parties; (b) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Results; (c) violations of Your obligations of privacy to any Third Party; and (d) any claims with respect to acts or omissions of Third Parties in connection with the Services, the Software or Results.

11. DISCLAIMER OF WARRANTIES . The information and services included in or available through the Service, including the Results, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. eXtreme Outer Vision and/or its respective suppliers may make improvements and/or changes in the Service or Software at any time, with or without notice. eXtreme Outer Vision does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, the Software or any other software on the Server are free of viruses or other harmful components. eXtreme Outer Vision does not warrant or represent that the use of the Service or the Results will be correct, accurate, timely or otherwise reliable. You specifically agree that eXtreme Outer Vision shall not be responsible for unauthorized access to or alteration of the Calculator Data.

THE SERVICE, THE SOFTWARE AND RESULTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY EXTREME OUTER VISION AND/OR ITS AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SOFTWARE, THE DOCUMENTATION AND RESULTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. EXTREME OUTER VISION DOES NOT WARRANT THAT THE SERVICE, THE SOFTWARE OR RESULTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY . EXTREME OUTER VISION WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOST HARDWARE THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF EXTREME OUTER VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall eXtreme Outer Vision or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

eXtreme Outer Vision's total cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed U.S. $1.

13. SERVICE LEVELS . eXtreme Outer Vision does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond eXtreme Outer Vision's control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where eXtreme Outer Vision or Your servers are located or co-located.

14. PROPRIETARY RIGHTS NOTICE . The Service, which includes but is not limited to the eXtreme Outer Vision Software and all intellectual property rights in the Service are, and shall remain, the property of eXtreme Outer Vision. All rights in and to the Processing Software not expressly granted to You in this Agreement are hereby expressly reserved and retained by eXtreme Outer Vision and its licensors without restriction, including, without limitation, eXtreme Outer Vision's right to sole ownership of the eXtreme Outer Vision Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to): (a) distribute or use the Service outside of the scope of this Agreement; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of eXtreme Outer Vision; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with eXtreme Outer Vision other than in the name of eXtreme Outer Vision, as the case may be); or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.

15. TERM and TERMINATION . Either party to the Agreement may terminate it at any time and for any reason.

Upon any termination or expiration of this Agreement, eXtreme Outer Vision will cease providing the Service, and You will certify thereto in writing to eXtreme Outer Vision within three (3) business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any (i) outstanding balance for Service rendered through the date of termination, and (ii) other unpaid payment obligations during the remainder of the Initial Term will be immediately due and payable in full and (c) Your Account will no longer be accessable to You.

16. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES . eXtreme Outer Vision reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the site located at www.extreme.outervision.com (or such other URL as eXtreme Outer Vision may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of eXtreme Outer Vision, (ii) You accept updated terms online, or (iii) You continue to use the Service after eXtreme Outer Vision has posted updates to the Agreement or to any policy governing the Service.

17. MISCELLANEOUS; APPLICABLE LAW AND VENUE . eXtreme Outer Vision shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Georgia without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Georgia law, rules, and regulations, Georgia law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in DeKalb County , Georgia.