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EMBASSY TRUST SUITE END USER LICENSE AGREEMENT

You should carefully read the following terms and conditions of this agreement (
the "Agreement") before installing and/or using the Wave Systems Corp. ("Wave")
EMBASSY TRUST SUITE (together with all related features, applications, upgrades
(if any) and documentation, the "Software"). Your use of the Software is subjec
t to your agreement to all of the terms and conditions of this Agreement, which
is between you and Wave.
By clicking the "I Accept" check box and completing the process of installing th
e Software, you consent to and agree to be bound by all of the terms and conditi
ons of this Agreement. If you disagree with any of the terms or conditions of t
his Agreement, you are not permitted to install and/or use the Software. Click
on the "I Reject" button to cancel and exit the install process.
1. Software License
The Software is owned by Wave and is licensed to you on a non-exclusive, non-sub
licenseable basis on the terms and conditions set forth in this Agreement. You
are not permitted to lease or rent, distribute or sublicense the Software or to
use the Software in a time-sharing arrangement or in any other unauthorized mann
er. No license is granted to you for the human readable code of the Software (s
ource code). Except as expressly provided in this Section 1, this Agreement doe
s not grant you any rights to patents, copyrights, trade secrets, trademarks, or
any other rights in respect to the Software. Wave reserves all rights not expr
essly granted to you. The following conditions and restrictions also apply:
(a) YOU MAY ONLY install and personally use the Software and any upd
ates thereto furnished by Wave (in its sole discretion) in object code form on a
single personal computer owned or controlled by you for your own use. You may
not modify, copy, distribute, transmit, duplicate or otherwise reproduce the Sof
tware, except that you may make a single copy for back-up purposes only, which c
opy must contain all copyright and other proprietary notices present in the orig
inal Software. Your license to the Software under this Agreement continues unti
l it is terminated by you or Wave. You may terminate the license by discontinui
ng use of all or any of the Software and by destroying all your copies of the So
ftware. This Agreement will terminate automatically if (i) you violate any of t
he terms or conditions of this Agreement, (ii) Wave publicly posts a written not
ice of termination on its website www.wave.com (that, or any successor site, the
"Site"); or (iii) Wave revokes this Agreement or issues a new agreement in writ
ing or electronic form and conditions your continued use of the Software upon ac
ceptance of the new agreement. All changes, modifications, additions or deletio
ns shall be effective immediately upon notice thereof, which may be given by mea
ns including, but not limited to, posting on the Site, or by electronic or conve
ntional mail, or by any other means by which you may obtain notice thereof. Use
of the Software after such notice constitutes acceptance of such changes, modif
ications or additions.
(b) YOU MAY NOT decompile, reverse engineer, disassemble, modify, or
create derivative works (as defined by the U.S. Copyright Act) or improvements
(as defined by U.S. patent law) from the Software or any portion thereof, or see
k to obtain intellectual property protection on the Software or any portion ther
eof. However, if you are located in a Member State of the European Community or
in any other jurisdiction where applicable law is analogous to the EC Software
Directive and need information about the Software in order to achieve interopera
bility of an independently created software program with the Software, you shall
first request such information from Wave. Unless Wave refuses to make such inf
ormation available, you shall not take any steps, such as reverse assembly or re
verse compilation, to derive a source code equivalent to the Software. Wave may
charge a reasonable fee for the provision of such information. In the event th
at Wave does not provide such information, then your right to reverse engineer s
hall be limited to the extent required by the EC Software Directive or other app
licable law. You may not incorporate the Software into any other software, comp
uter chip or the firmware of a computing device manufactured by or for you. You
also may not, under any circumstances:
(i) use the Software in any unlawful manner, for any unlawfu
l purpose or in any manner inconsistent with this Agreement;
(ii) transfer your rights under this Agreement to another per
son or entity except that you may permanently transfer all of your rights under
this Agreement, provided that you transfer all of the Software and retain no cop
ies and the transferee agrees to the terms of this Agreement in writing; or
(iii) use, acquire, ship, transport, export, or re-export the
Software, except as authorized by Wave and as permitted by applicable law. In p
articular, but without limitation, the Software may not be acquired, shipped, tr
ansported, exported, or re-exported (1) into (or to a national or resident of) a
ny U.S. embargoed country or (2) to anyone on the U.S. Treasury Department's lis
t of Specially Designated Nationals or the U.S. Department of Commerce's Table o
f Denial Orders. You represent and warrant that you are not located in, under c
ontrol of, or a national or resident of any such country or on any such list.
(c) Mandatory Upgrades. Wave may from time to time and at any time
provide you (whether electronically by email or otherwise) with upgrades to the
Software. Your continued ability to use the Software may be subject to and cond
itioned on your permitting Wave to install such upgrades or your prompt installa
tion of them, as the case may be.
2. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND WHET
HER EXPRESS OR IMPLIED, ORAL OR WRITTEN. WAVE DOES NOT REPRESENT OR WARRANT THA
T THE SOFTWARE, OR ANY PORTION THEREOF, COMPLIES WITH ANY OR ALL FEDERAL, STATE
OR OTHER LAWS AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AN
D/OR OBLIGATIONS (EXPRESS OR IMPLIED) FOR THE SOFTWARE OR ANY PORTION THEREOF, I
NCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS WARRANTIES AND/OR OBLIGATIONS (i
) OF ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, INTEGRATION, ADEQUACY, TIT
LE, COMPATIBILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (ii) TH
AT THE SOFTWARE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION OR
IS OR WILL BE SECURE AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT, (ii
i) THAT THE SOFTWARE AND/OR THE TRANSACTIONS ENTERED INTO USING THE SOFTWARE WIL
L BE FREE FROM MANIPULATION AND/OR FRAUD AND (iv) THAT MAY ARISE BY USAGE OF TRA
DE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE O
BTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT AND/OR
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL AND/OR DATA
. WAVE MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH OR USING THE SOFTWARE OR ANY TRANSACTI
ONS ENTERED INTO USING THE SOFTWARE. YOU FURTHER UNDERSTAND AND AGREE THAT ANY
MATERIAL OR DATA STORED ON YOUR COMPUTER SYSTEM THROUGH USE OF THE SOFTWARE WILL
BE ENCRYPTED AND THAT YOU WILL NOT BE ABLE TO RETRIEVE SUCH MATERIAL OR DATA WI
THOUT YOUR PASSWORD/PIN. WAVE MAKES NO WARRANTY AND EXPRESSLY DISCLAIMS ANY LIA
BILITY FOR YOUR ABILITY OR INABILITY TO RETRIEVE ANY DATA OR OTHER MATERIAL STOR
ED ON YOUR COMPUTER SYSTEM.
THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED
FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIR
ING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCR
AFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPOR
T MACHINES OR WEAPON SYSTEMS IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIR
ECTLY TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF WARRANTIES
IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT AP
PLY TO YOU.
3. Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WAVE, TO THE MAXIMUM EXTENT PERMITTED BY
LAW, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQU
ENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FO
R LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WAVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR ANY REMEDY AVAI
LABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE), RESULTING FROM: (a) THE USE OR THE
INABILITY TO USE THE SOFTWARE (OR ANY PART THEREOF); (b) TRANSACTIONS ENTERED I
NTO USING THE SOFTWARE (OR ANY PART THEREOF); (c) UNAUTHORIZED ACCESS TO OR ALTE
RATION OF YOUR TRANSMISSIONS OR DATA; OR (d) ANY OTHER MATTER RELATING TO THE SO
FTWARE OR YOUR USE THEREOF. IN NO EVENT WILL THE AGGREGATE AMOUNT OF WAVE'S DAM
AGES TO YOU EXCEED (COLLECTIVELY) $100 OR THE AMOUNT OF ANY PAYMENTS MADE DIRECT
LY BY YOU TO WAVE FOR THE SOFTWARE, IF ANY, WITHIN ONE (1) YEAR PRIOR TO THE DAT
E ANY SUCH LIABILITY IS INCURRED, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NO
T ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. AC
CORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
4. Indemnification
You agree to indemnify and hold harmless Wave from and against any and all losse
s, damages, costs or expenses (including reasonable attorney's fees) (a) suffere
d by you related in any way to the Software or this Agreement and/or (b) related
to any claim or demand made by any third party in connection with or arising ou
t of (i) any breach by you of any of the terms and conditions of this Agreement,
(ii) your use of misuse of the Software, (iii) your violation of applicable law
s, and/or (iv) your violation of the rights of any other person or entity. Wave
reserves the right, at its own expense, to assume the exclusive defense and con
trol of (but not liability for) any matter otherwise subject to indemnification
by you. You will be liable to Wave for reasonable attorney's fees in any such c
ase.
5. Miscellaneous
(a) This Agreement constitutes the entire understanding between the
parties respecting use of the Software and supersedes all prior or contemporaneo
us understandings regarding such subject matter. No amendment to or modificatio
n of this Agreement will be binding unless made by an authorized Wave representa
tive acting in his or her official capacity. Wave reserves the right to revise
this Agreement from time to time and at any time and you are deemed to be aware
of and bound by any such changes upon publication on the Site. No waiver by Wav
e of any breach of this Agreement by you shall operate as a waiver of any other
breach.
(b) Notices of changes to this Agreement or other matters may be mad
e to you by displaying notices or links to notices to you generally on the Site.

(c) The terms of this Agreement shall be construed and governed excl
usively by the laws of the Commonwealth of Massachusetts, excluding the applicat
ion of its conflict of law provisions and rules. Any dispute, controversy or cl
aim between the parties arising out of or relating to this Agreement or a breach
of this Agreement shall be settled pursuant to the terms of this Section 5(c) b
y arbitration before three neutral arbitrators (selected from a panel of persons
having experience with and knowledge of the computer business), provided at lea
st one of which arbitrators shall be an attorney, and administered by the Americ
an Arbitration Association in accordance with its Commercial Arbitration Rules i
n Boston, Massachusetts. Any provisional or equitable remedy which would be ava
ilable from a court of law shall be available from the arbitrators to the partie
s. Judgment upon the award of the arbitrators may be enforced in any court havi
ng jurisdiction thereof. The parties hereby consent to the non-exclusive jurisd
iction of the courts of the Commonwealth of Massachusetts or to any Federal Cour
t located within the Commonwealth of Massachusetts for any action (i) to compel
arbitration, (ii) to enforce the award of the arbitrators or (iii) prior to the
appointment and confirmation of the arbitrators, for temporary, interim or provi
sional equitable remedies, and to service of process in any such action by regis
tered mail, return receipt requested, or by any other means provided by law. Th
e application of the United Nations Convention of Contracts for the Internationa
l Sale of Goods is expressly excluded.
(d) If the Software is supplied to or purchased by or on behalf of t
he United States Government, then the Software is deemed to be a "Commercial Ite
m," as that term is defined in 48 C.F.R. §2.101, consisting of "Commercial Compute
r Software" and "Commercial Computer Software Documentation," as such terms are
used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48
C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, such Comm
ercial Computer Software and Commercial Computer Software Documentation are lice
nsed to U.S. Government end users (a) only as Commercial Items and (b) with only
those rights as are granted to all other end users pursuant to the terms and co
nditions set forth in this Agreement.
(e) The Software contains proprietary and confidential information t
hat is protected by applicable intellectual property and other laws. Title, owne
rship rights and intellectual property rights in the Software shall remain in Wa
ve or its licensors. You acknowledge such ownership and intellectual property r
ights and will not take any action to jeopardize, limit or interfere in any mann
er with Wave's or Wave's licensors' ownership of or rights with respect to the S
oftware. The license granted under this Agreement gives you no rights in or to
the Software other than as expressly granted herein.
(f) The Wave trademarks and service marks and other Wave logos and S
oftware and service names are trademarks of Wave Systems Corp. (collectively, th
e "Wave Marks"). Without Wave's prior permission, you may not display or use in
any manner any Wave Mark.
(g) The failure of Wave to exercise or enforce any right or provisio
n of this Agreement shall not constitute a waiver of such right or provision. If
any provision of this Agreement is found by a court of competent jurisdiction t
o be invalid, the parties nevertheless agree that the court should endeavor to g
ive effect to the parties' intentions as reflected in the provision, and the oth
er provisions of this Agreement remain in full force and effect.
(h) Except for claims arising out of a breach of Sections 1, 4, and
5 of this Agreement, regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Software or this Agr
eement must be filed within one (1) year after such claim or cause of action aro
se or be forever barred.
(i) The section titles in this Agreement are for convenience only an
d have no legal or contractual effect.
(j) If any provision of this Agreement is declared by a court or tri
bunal of competent jurisdiction to be invalid, illegal, or unenforceable, such p
rovision shall be severed from this Agreement and the other provisions shall rem
ain in full force and effect.
(k) Sections 1(b), 2, 3, 4, and 5 of this Agreement shall survive an
y termination or expiration of this Agreement.
(l) This Agreement may be supplied to you in United States English a
nd other languages. In case of conflict between any of these versions, the Unit
ed States English version shall govern.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU ACCEPT
THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK "I ACCEPT". IF YOU DO NOT AGR
EE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK "I REJECT".

SmartSAFE Terms & Conditions


SignOnline, a division of Wave Systems Corp. ("SignOnline", "we" or "us"), provi
des electronic signature and document storage services (the "Services") to certa
in banks, financial institutions and other entities with whom you may wish to en
ter into transactions ("Businesses"). The Services are available through our w
eb-based electronic document storage database (the "SmartSAFE"). The SmartSAFE m
ay store agreements, instruments and related documents (collectively, "Your Docu
ments") that have been or may be entered into between you (using the SmartSignat
ure Software) and Businesses that use our Services. This agreement as well as o
ur SignOnline Services Privacy Statement (collectively, the "SmartSAFE Terms") s
et forth the terms and conditions upon which you may access and use the SmartSAF
E. The SignOnline Services Privacy Statement was previously displayed in the re
gistration process and/or can be viewed at the SmartSAFE (hosted by Wave Systems
).
Please read these SmartSAFE Terms carefully. If you do not agree to all of thes
e SmartSAFE Terms, we do not permit your use of and access to the SmartSAFE. An
y breach by you of any of the SmartSAFE Terms will automatically terminate this
agreement and your permission from us to use the SmartSAFE.
User Password. In order to access Your Documents that are in the SmartSAFE you
must set up a user name and password using the SmartSignature Software. You wil
l be required to provide your user name and password each time you access the Sm
artSAFE. Although we will handle your password and all personally identifiable
information submitted to us or otherwise collected by us in accordance with the
terms of our SignOnline Services Privacy Statement, you shall be solely responsi
ble for the security of any password and user name issued to you and we shall ha
ve no liability for the theft or misuse of any such information.
Access and Use. Provided that you comply with all of these SmartSAFE Terms, you
may access the SmartSAFE for the limited purposes of viewing, downloading and p
rinting Your Documents. Any and all disclosure, use and other obligations conta
ined within or that relate to Your Documents shall be between you and the applic
able Business or other third party. You may not:
Redistribute, retransmit, republish, copy, duplicate, download or otherwise use
or exploit any content (other than Your Documents) on the SmartSAFE except for p
urposes permitted by these SmartSAFE Terms;
Delete, modify or attempt to change or alter any of the content on the SmartSAFE
as it is displayed on the SmartSAFE;
Use any device, software or routine that interferes with the proper functioning
of the SmartSAFE or take any other action that interferes with other parties' us
e of the SmartSAFE;
Use the SmartSAFE or its content in any manner inconsistent with or in violation
of any applicable laws or regulations;
Use any "robot", "spider" or other automatic or manual device or process for the
purpose of compiling information on the SmartSAFE; or
Provide access to the SmartSAFE Site through any hyperlink or other link from an
y web site nor may you frame the Site within or as a portion of any other web si
te or page.

Disclaimer of Warranties; "AS IS". THE SMARTSAFE AND ALL CONTENT, MATERIALS, IN
FORMATION AND SERVICES PROVIDED ON OR THROUGH THE SMARTAFE, ARE PROVIDED ON AN "
AS IS" AND "AS AVAILABLE" BASIS. SIGNONLINE EXPRESSLY DISCLAIMS ALL WARRANTIES O
F ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLI
ED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-I
NFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USA
GE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SIGNONLINE MAKES NO WA
RRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SMARTSAFE WILL MEE
T YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS OR IS OR WILL BE SECURE AND FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL CONTENT; (B) THE CONTENT IN THE SMARTSAFE WILL BE UP-TO-DATE, COMPLETE,
COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS OR
CONTENT THAT MAY BE OBTAINED FROM THE SMARTSAFE WILL BE ACCURATE OR RELIABLE; (D
) THE SMARTSAFE OR THE SERVICES, OR ANY PORTION THEREOF, COMPLY WITH ANY OR ALL
FEDERAL, STATE OR OTHER LAWS PERTAINING TO DIGITAL OR ELECTRONIC SIGNATURES; (E)
ANY OR ALL AGREEMENTS, INSTRUMENTS OR OTHER DOCUMENTS ENTERED INTO USING THE SE
RVICE OR CONTAINED WITHIN THE SMARTSAFE WILL BE VALID, BINDING OR OTHERWISE LEGA
LLY EFFECTIVE; AND/OR (F) THE SMARTSAFE OR TRANSACTIONS ENTERED INTO USING THE S
ERVICES WILL BE FREE FROM FRAUD, MISREPRESENTATION AND/OR MANIPULATION.
Limitation Of Liability. IN NO EVENT SHALL SIGNONLINE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FO
R LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHE
THER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY
TO ACCESS, OR USE OF, THE SMARTSAFE OR ANY SERVICES PROVIDED IN CONNECTION WITH
THE SMARTSAFE, EVEN IF SIGNONLINE WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR P
OSSIBLE AND/OR EVEN IF ANY REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOS
E. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMIS
SION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTE
M, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHO
NE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PR
OPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJ
EURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIAB
ILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY
NOT APPLY TO YOU.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOUR ACCESS TO THE SMARTSAFE I
S PROVIDED AS A SERVICE ONLY TO THE APPLICABLE BUSINESS THAT USES OUR SERVICES A
ND WE SHALL HAVE NO OBLIGATION OR DUTY TO YOU OTHER THAN AS SET FORTH IN THE SIG
NONLINE SERVICES PRIVACY STATEMENT OR AS MAY BE REQUIRED BY LAW NOTWITHSTANDING
THE FOREGOING.
Indemnification. You agree to indemnify and hold harmless SignOnline from and ag
ainst any and all liability, claims, causes of actions, losses, damages, costs a
nd expenses, including but not limited to, attorneys fees, costs of suit, costs
of investigation and costs of enforcement of this provision arising out of your
breach of any of these SmartSAFE Terms.
Intellectual Property Rights. The SmartSAFE (including the "look and feel" of th
e SmartSAFE) is the property of SignOnline, or of third parties as indicated, an
d is protected by U.S. copyright and international treaties. All product names,
names of services, trademarks and service marks ("Marks") are the property of S
ignOnline, or the property of their respective owners, as indicated. You may no
t use the Marks for any purpose whatsoever other than as permitted by these Smar
tSAFE Terms. All rights not expressly granted to you are reserved.
Privacy. SignOnline will treat any information it collects from you in accordanc
e with the SignOnline Services Privacy Statement.
General. SignOnline may modify these SmartSAFE Terms from time to time and at an
y time, such modifications to take effect immediately upon the posting thereof o
n the SmartSAFE. The terms of this Agreement are severable to the extent any te
rm is deemed invalid, illegal, or unenforceable.
The failure of SignOnline to enforce any term or condition of these SmartSAFE Te
rms shall not be deemed a waiver thereof and shall not prevent its later enforce
ment.
These SmartSAFE Terms and Conditions shall be construed and governed exclusively
by the laws of the Commonwealth of Massachusetts, excluding the application of
its conflict of law provisions and rules. Any dispute, controversy or claim ari
sing out of or relating to these SmartSAFE Terms and Conditions or a breach of t
hese SmartSAFE Terms and Conditions shall be settled by arbitration before three
neutral arbitrators (selected from a panel of persons having experience with an
d knowledge of the computer business), provided at least one of which arbitrator
s shall be an attorney, and administered by the American Arbitration Association
in accordance with its Commercial Arbitration Rules in Boston, Massachusetts.
Any provisional or equitable remedy which would be available from a court of law
shall be available from the arbitrators to the parties. Judgment upon the awar
d of the arbitrators may be enforced in any court having jurisdiction thereof.
The Parties hereby consent to the non-exclusive jurisdiction of the courts of th
e Commonwealth of Massachusetts or to any Federal Court located within the Commo
nwealth of Massachusetts for any action (i) to compel arbitration, (ii) to enfor
ce the award of the arbitrators or (iii) prior to the appointment and confirmati
on of the arbitrators, for temporary, interim or provisional equitable remedies,
and to service of process in any such action by registered mail, return receipt
requested, or by any other means provided by law. The application of the Unite
d Nations Convention of Contracts for the International Sale of Goods is express
ly excluded.
Contact Information. If you have any questions regarding these SmartSAFE Terms o
r the SmartSAFE, please contact us at 1-800-WAVE NET.

Any information sent to SignOnline via email is not secure and is sent on a non-
confidential basis and will be handled by us in accordance with our Site Privacy
Statement.
Acknowledgment. By clicking "I Accept" you acknowledge (a) that you have read an
d understood these SmartSAFE Terms (including without limitation the SignOnline
Services Privacy Statement) and (b) that these SmartSAFE Terms have the same for
ce and effect as a signed agreement.

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