IMAGESOFT NORTHWEST, LLC TERMS OF USE

You hereby agree that you will not use the IMAGESOFT NORTHWEST, LLC Services to: (a) upload, post or otherwise transmit any content or material (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) that you do not have the right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (v) that is unsolicited or unauthorized advertising, including without limitation, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes"; (b) harm minors in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent one's affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted through the IMAGESOFT NORTHWEST, LLC Technology; or (d) interfere with or disrupt the IMAGESOFT NORTHWEST, LLC Technology or the IMAGESOFT NORTHWEST, LLC Services or servers or networks connected to the IMAGESOFT NORTHWEST, LLC Technology, disobey any requirements, procedures, policies or regulations of networks connected to the IMAGESOFT NORTHWEST, LLC Technology, or engage in improper use of the IMAGESOFT NORTHWEST, LLC Technology which could harm or damage the IMAGESOFT NORTHWEST, LLC Technology or its users; (e) collect or store personal data about other users; or attempt to gain unauthorized access to the IMAGESOFT NORTHWEST, LLC Services, other accounts, computer systems or networks connected to the IMAGESOFT NORTHWEST, LLC Technology.

IMAGESOFT NORTHWEST, LLC END USER LICENSE AGREEMENT

IMPORTANT - READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR USING THE IMAGESOFT NORTHWEST, LLC NETWORK CLIENT SOFTWARE AND/OR ANY ACCOMPANYING MATERIALS (COLLECTIVELY, THE "SOFTWARE" WHICH INCLUDES ANY AND ALL REVISIONS THAT IMAGESOFT NORTHWEST, LLC MAY PROVIDE TO YOU). BY DOWNLOADING OR USING THE SOFTWARE AND CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT DOWNLOAD OR USE THE SOFTWARE.

GRANT OF LICENSE

Subject to the terms and conditions of this License Agreement, IMAGESOFT NORTHWEST, LLC Inc. ("IMAGESOFT NORTHWEST, LLC") grants you a non exclusive, non-transferable, limited license to use the Software on a single computer solely for your own personal use to enable the publication of video, audio, photographic or other content through the IMAGESOFT NORTHWEST, LLC service (the "IMAGESOFT NORTHWEST, LLC Network"), as made available by IMAGESOFT NORTHWEST, LLC. You acknowledge that you may be required to agree to additional terms relating to your use of the IMAGESOFT NORTHWEST, LLC Network. You may make one copy of the Software solely for back-up purposes, provided that you reproduce all copyright and proprietary notices on the copy.

PROPRIETARY RIGHTS, RESTRICTION ON USE

You acknowledge that the Software contains proprietary and trade secret information of IMAGESOFT NORTHWEST, LLC or its licensors and is public by copyright law, trademark, trade secret laws and international treaties. You agree not to remove, deface or obscure IMAGESOFT NORTHWEST, LLC's or its licensors' copyright or trademark notices or other legends or proprietary notices on any copy of the Software. Other than the limited license granted to you above, you have no rights, whether express or implied, in or to the Software. IMAGESOFT NORTHWEST, LLC and its licensors retain all ownership and proprietary rights in and to the Software, including any copies made by you.

You will have no right to and agree that you will not, nor will you authorize or assist others to: (a) disassemble, reverse engineer, decompile or otherwise attempt to discern the source code of all or any portion of the Software; (b) translate, alter, enhance, improve or otherwise modify the Software; (c) use the Software on a service bureau, time sharing basis or other remote access whereby third parties other than you can use or benefit from the use of the Software; (d) copy the documentation provided with the Software, if any; (e) distribute, copy (except as expressly allowed in paragraph 1 above), rent, lease, sublicense, assign, sell or otherwise transfer the Software or any of your rights in the Software or documentation.

CONFIDENTIALITY

You acknowledge that the Software contains valuable confidential and proprietary information of IMAGESOFT NORTHWEST, LLC or its licensors ("Confidential Information"). You agree to keep as confidential and to use only as permitted under this Agreement such Confidential Information. You agree to treat as confidential, not disclose to any third party and safeguard the Confidential Information using the same degree of care as you use with respect to your own information of like importance, but in any event with no less than reasonable care. You agree to notify your employees and/agents who may have access to the Software of the restrictions contained in this Agreement, including the confidentiality obligations pursuant to this paragraph, and to ensure their compliance with such restrictions. You may not publish or provide the results of any benchmark or comparison tests run on the Software to any third party without the prior written consent of IMAGESOFT NORTHWEST, LLC.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SOFTWARE IS PROVIDED BY IMAGESOFT NORTHWEST, LLC AND ITS LICENSORS "AS IS," AND WITH ALL FAULTS AND IMAGESOFT NORTHWEST, LLC AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND REGARDING THE SOFTWARE. IMAGESOFT NORTHWEST, LLC AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT, TO THE MAXIMUM EXTENT ALLOWED BY LAW. IMAGESOFT NORTHWEST, LLC AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, IF ANY, REMAINS WITH YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

IN NO EVENT SHALL IMAGESOFT NORTHWEST, LLC OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOSS OF DATA) UNDER ANY THEORY RELATED TO THIS AGREEMENT, EVEN IF IMAGESOFT NORTHWEST, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IMAGESOFT NORTHWEST, LLC'S OR ITS LICENSORS' LIABILITY TO YOU FOR DIRECT DAMAGES SHALL IN NO EVENT EXCEED THE LESSER OF (A) THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE, IF ANY, AND (B) $50.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

TERMINATION

This License Agreement is effective from the date you first download or use the Software until terminated. You may terminate this License Agreement at any time. This License Agreement, and your right to use the Software, automatically terminate if you fail to comply with the terms of this License Agreement. In the event of any termination, you agree to immediately uninstall and/or destroy all copies of the Software in your possession or under your control. All provisions relating to ownership, confidentiality, disclaimer of warranties, limitation of liability, and the general provisions shall survive the termination of this Agreement.

U.S. GOVERNMENT USERS

The Software is comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 and is provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-4.

GENERAL

This License Agreement will be governed by the laws of the State of Washington, U.S.A., excluding the application of its conflicts of law rules. This License Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this License Agreement is found void and unenforceable, it will not affect the validity of the balance of this License Agreement, which shall remain valid and enforceable according to its terms. No amendment to this Agreement shall be effective unless signed by an officer of IMAGESOFT NORTHWEST, LLC. You may not assign, transfer, delegate or sub-license this Agreement or any of your rights, duties or obligations under this Agreement to any person or entity, in whole or in part. Any attempted assignment, transfer, delegation or sublicense without the required consent shall be void. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Any dispute, claim or controversy arising out of or related to this License Agreement shall be subject to the exclusive jurisdiction and venue in the federal and state courts located in and governing King County, Washington. If any action is brought by either party to this License Agreement against the other party related to the subject matter of this License Agreement, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. You agree that the Software will not be distributed, exported or re-exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export laws, rules or regulations of any country. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by IMAGESOFT NORTHWEST, LLC. This is the entire agreement between you and IMAGESOFT NORTHWEST, LLC with respect to the subject matter of the License Agreement, and it supersedes any prior and contemporaneous agreements, whether written or oral, between you and IMAGESOFT NORTHWEST, LLC relating to the subject matter of this License Agreement.