TERMS OF SERVICE AGREEMENT

Terms and Conditions of Use

Welcome to Eye on Objects ("Service"), an online service of Hatteras Software, Inc. ("Hatteras"). We're excited to bring you a range of services, including product-buying information, file libraries, audio features, messaging functions and other services our editors will continue to develop. Your use of the Service will be subject to the terms of this Terms of Service Agreement.

Subscriber Participation and Conduct

During the term of this Agreement, Eye on Objects grants to you a non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license.

You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service. You agree to indemnify Hatteras and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes.

Hatteras reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. Eye on Objects also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, Eye on Objects is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.

Copyright and Trademarks

The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by Hatteras or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute any Content to any third person. You may copy and display the Content solely for your personal, non-commercial use, as permitted by the license granted above.

Eye on Objects and Shooting Star are trademarks of Hatteras Software, Inc. All other trademarks on the Service are the property of their respective holders.

Exclusions of Warranty and Liability

The service and any executable programs and other materials provided through the service are provided "as is" and without warranty of any kind, and all express or implied warranties are hereby excluded, including, without limitation, the warranties of merchantability and fitness for a particular purpose. Hatteras does not warrant that the service or any materials obtained through the service are virus-free. If you download executable programs from the service, the entire risk as to the results and performance of such programs is assumed by you. Hatteras is not responsible for the accuracy of or errors or omissions in any such programs, and Hatteras does not warrant that the operation of any such programs will be uninterrupted or error-free, or that any defects in any such programs will be corrected.

Hatteras will not be liable for any direct, indirect, special, incidental, or consequential damages (including, without limitation, damages resulting from lost profits or revenue; loss of use of the service or of any executable programs; loss of use of data or equipment; or other similar damages) arising out of the use or inability to use the service or any executable program obtained through the service, even if Hatteras has been advised of the likelihood of such damages. In no event shall Hatteras' total liability to you for all damages, losses and causes of action (whether in contract, tort, or otherwise) relating to the service exceed the cumulative amount you have paid for access to the service.

Some states do not allow exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

Notices

Hatteras may give notice to you through general posting on the Service, through postal notification, or through e-mail notification, in its sole discretion. You may give notice to Hatteras via e-mail at webmaster@hatteras.com, by postal mail to 208 Lochside Drive, Cary, NC 27511 U.S.A., or via facsimile to (919) 851-0993.

Hatteras reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.

General

Hatteras may unilaterally amend this Agreement at any time, provided that Hatteras gives notice of the amendment to you a reasonable period prior to its effective date. The Agreement may not otherwise be amended except in a writing signed by the party against whom the amendment is asserted. Any failure by Hatteras to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, as applied to contracts entered into and performed within North Carolina.

Disputes concerning the Service or this Agreement will at the election of either party be resolved exclusively through binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be conducted in Cary, North Carolina before a single arbitrator selected in accordance with such Rules. The arbitrator's decision will be non-appealable and judgment thereon may be entered in any court with jurisdiction over the parties. The foregoing notwithstanding, nothing in this Agreement will be deemed to preclude any party from using the legal process of any court with jurisdiction to seek remedy or redress (including, without limitation, injunctive or other equitable relief) for any infringement of copyright, trademark rights, or other intellectual property rights.

This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby. Copyright 1997 Hatteras Software, Inc. All Rights Reserved. Use of this service is subject to the Eye on Objects Terms of Service Agreement.

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