TERMS AND CONDITIONS 1. ACCEPTANCE By purchasing a vBook by Retrieve, you are agreeing to these Terms and Conditions and any other posted guidelines or rules applicable to any individual Retrieve Technology web site, product or service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions. 2. REGISTRATION AND PRIVACY Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Retrieve registration forms ("Registration/Login Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Retrieve Technologies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Retrieve Technologies has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. Users may not permit others to use their logins and passwords. All Retrieve Technologies registrations become the exclusive property of Retrieve Technologies. Retrieve Technologies reserves the right to use and reuse all registration and other personally identifiable user information. 3. LIMITED WARRANTY AND DISCLAIMER This software and its documentation are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose; and warranties of freedom from error, un-interrupted service, accuracy, and the suitability of results obtained. The entire risk as to the quality and performance of this program is with you. 4. LIMITATION OF LIABILITY/EXCLUSION OF DAMAGES In no event shall retrieve technologies (and its licensors) be liable for special, incidental, punitive, indirect, economic or consequential damages, including, but not limited to, loss of data or loss of use damages (including without limitation "downtime") and lost profits, arising hereunder or from the use or sale of our application. The maximum liability of licensor and/or retrieve technologies (and its licensors) arising out of the sale/license of the system or the use thereof or the provision of maintenance, whether based upon warranty, contract, tort or otherw?se, shall not exceed the actual payments received by it. You understand and agree that any material accessed or otherwise obtained through the use of our products and services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download or viewing of such material. If any provision of this agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 5. TERM OF AGREEMENT This license is effective until terminated, or at one year - whichever comes first. You may terminate it at any other but will not be entitled to a refund, pro-rated or otherwise. This license will also terminate if you fail to comply with any terms of this agreement. The user name and password permits a single user to access the video content in the purchased vbook subscription for up to 12 months from the date of purchase or up to 1000 views of content; whichever comes first. A "view" is defined as the partial or full viewing of a video answer. Unlimited navigation of the table of contents, index and "searches" within the product are permitted. Retrieve technologies and the individual creators of the vbooks are not liable for the accuracy or freedom from error, uninterrupted service, and the suitability of results obtained. The entire risk as to the quality and performance of this program is the responsibility of the licensee. IN NO EVENT WILL Retrieve Technologies BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, LIABILITY, PENALTY, OR DAMAGE ARISING IN ANY WAY, EITHER DIRECTLY OR INDIRECTLY OUT OF THE USE OR THE INABILITY TO USE THIS subscription and the content within it. 6. MEMBER AND USER CONDUCT Upon registering, you will receive a username and password. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Retrieve Technologies of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Retrieve Technologies cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. Pictures, movies, streams, sounds (the "Multimedia Content") and all other Content ("Digital Content" located through the Retrieve Multimedia Search and other Retrieve Network search services are protected by copyright and/or other intellectual property laws. Retrieve does not authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Content. 7. PROTECTION OF CONTENT An end user is forbidden from modifying, publishing, transmitting, transferring or selling, reproducing the content from our sites. You also may not create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Retrieve Technologies database, including, without limitation, by incorporating data from any Retrieve database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. It is forbidden to sell, distribute, or make any commercial use of data obtained from any Retrieve server/database or make any other use of data from any Retrieve database in a manner which could be expected to offend the person for whom the data is relevant. 8. VIOLATIONS OF TERMS AND CONDITIONS Should you violate these Terms and Conditions or any other rights of Retrieve Technologies (dba Retrieve Media) , Retrieve reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Retrieve Media web sites. If you are aware of any violations of these Terms and Conditions, please report them to: Retrieve Technologies P.O. Box 2180 Henniker, NH 03242 Email Address: info@retrieve.com Last updated October 27, 2005