END-USER LICENSE AGREEMENT - iVisit™ Communication Software and Services NOTICE -- READ ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”) BEFORE DOWNLOADING, COPYING, INSTALLING OR USING THE SOFTWARE, Service ACCOUNT, CONTENT, DATA OR DOCUMENTATION (EACH AS DEFINED BELOW). IMPORTANT-READ CAREFULLY: This EULA is a legal agreement between you (“Licensee”) (either an individual or a single entity) and iVisit LLC, (“iVisit”) for the software and service identified below; For the purposes of this EULA, Software shall mean any PC or Mac client software downloaded from www.iVisit.com (“iVisit Site”), Account shall mean the account registered to the Licensee via the iVisit Site, Service shall mean any communication service hosted by iVisit’s communication infrastructure and collectively referred to as (“Software/Service”). Software/Service may include associated, account information, software components, service components, media, printed materials, and "online" or electronic documentation. By installing, copying, or otherwise using the Software/Service you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the Software /Service. BY REGISTERING AN ACCOUNT OR CLICKING ACCEPT OR YES OR OTHER APPROPRIATE BUTTON FOR INSTALLING AND/OR USING THE SOFTWARE/SERVICE, INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST CEASE ANY USE AND DELETE ANY SOFTWARE, CONTENT AND DATA FROM YOUR HARDWARE. PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE ACCOUNT, SOFTWARE, OR ANY COPY OR PORTION THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE AGREEMENT. ANY USE OF THE SOFTWARE/SERVICE IN THE ABSENCE OF YOUR AGREEMENT TO THESE TERMS AND CONDITIONS IS UNLAWFUL. TO DOWNLOAD AND OR INSTALL THE IVISIT SOFTWARE OR REGISTER AN ACCOUNT YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE IVISIT SUBSCRIPTION TERMS. iVisit Lite Subscriptions: iVisit does not charge a subscription fee for Licensee's use of the iVisit Lite Account Service. Use of the iVisit Lite Account Service shall at all times, however, be subject to the terms and conditions of this Agreement. Licensee's use of the Account Service during the applicable term may be terminated by iVisit in the event Licensee breaches any term of this Agreement. The Licensee shall be able to register an iVisit Lite account with their choice of user name or other identification for a portion of their User Address provided such user identification has not been previously chosen by any other Licensee. Additionally, iVisit reserves the right to DISABLE AND REASSIGN USER NAMES AND OR OTHER IDENTIFICATION OF IVISIT LITE (FREE) ACCOUNTS TO IVISIT PLUS SUBSCRIBERS WHO CHOOSE THE SAME USER NAME AND OR OTHER IDENTIFICATION. IN SUCH EVENT, IVISIT LITE USERS WILL BE REQUIRED TO SELECT A NEW USER NAME AND OR OTHER IDENTIFICATION. iVisit at its sole discretion reserves the right to modify the features and functionality of iVisit Lite from time to time. iVisit Plus Subscriptions: To subscribe to the iVisit Plus Account Service from the iVisit Site, Licensee agrees to pay iVisit’s payment processing partner, the applicable annual subscription fees listed on the iVisit site, any applicable taxes and any other charges incurred on Licensee's user name and password. Subscription fees will be billed to Licensee at the beginning of Licensee's subscription and upon renewal. iVisit reserves the right to increase its subscription fees or institute new fees at any time, upon reasonable notice posted in advance on the iVisit Site. Licensee shall not be charged retroactively for any such increased or new fees but shall be billed the applicable increased or new fee upon renewal. Money Back Guarantee. If Licensee purchases an annual subscription to the iVisit Plus Account Service and notifies iVisit in writing during the first thirty (30) days of Licensee's subscription period of Licensee's desire to cancel Licensee's subscription, iVisit will refund Licensee the full purchase price of Licensee's annual subscription and access to the iVisit Plus Account Service will be terminated as of refund remittance. Thereafter, all fees are non-refundable except as otherwise set forth in this Agreement. Other Charges. In addition to the subscription fees and obligations set forth above, Licensee is solely responsible for all charges associated with its use of the iVisit Software/Service, including all telephone line access, telephone and computer equipment and any related service fees. LICENSE GRANT. iVisit grants to Licensee a non-exclusive, non-transferable license to use this copy of the Software and use the Software/Service solely for your personal use on any desktop or other fixed or portable computer. For purposes of this Agreement, the Software is considered to be "in use" when it is loaded into temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of such computer. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the Software. * Distribution. You may not distribute copies of the Software or disclose your account access information to third parties. * Prohibition on Reverse Engineering, De-compilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. * Rental. You may not rent, lease, or lend the Software. * Support Services. iVisit may provide you with support services related to the Software ("Support Services"). Use of Support Services is governed by the iVisit polices and programs described in the user manual, in "on line" documentation and/or other iVisit provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to iVisit as part of the Support Services, iVisit may use such information for its business purposes, including for product support and development. iVisit will not utilize such technical information in a form that personally identifies you. *Compliance with Applicable Laws. You must comply with all applicable laws in your country of residence regarding use of the Software. *Ownership. The Software is proprietary to iVisit and protected by United States copyright and other laws, as well as international treaty provisions and you must treat the Software as any other copyrighted and legally protected material. iVisit owns all right title and interest in and to the Software and nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect iVisit's ownership or proprietary rights therein or any other iVisit information or materials, tangible or intangible, in any form and in any medium. *ACCOUNT REGISTRATION. TO DOWNLOAD AND OR INSTALL THE IVISIT SOFTWARE YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE.WHEN USING THE IVISIT SOFTWARE/SERVICE YOU MAY ENCOUNTER OTHER USERS WHICH ARE ENGAGED IN ADULT OR MATURE COMMUNICATIONS, ALTHOUGH IVISIT PROHIBITS USERS TO ENAGE IN OFFENSIVE OR ILLEGAL CONDUCT IN PUBLIC ROOMS WE DO NOT MONTIOR USERS COMMUNICATIONS. ACCORDINGLY, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE TO REGISTER AN ACCOUNT AND USE IVISIT. NO ONE UNDER THE AGE OF THIRTEEN (13) IS PERMITTED TO USE IVISIT. NO ONE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) MAY USE IVISIT WITHOUT ADULT SUPERVISION. PARENTS AND GUARDIANS ASSUME ALL LIABILITY AND RESPONSIBILITY FOR THE USE OF THEIR ACCOUNTS BY OTHER PERSONS, INCLUDING BUT NOT LIMITED TO USE OF THEIR ACCOUNTS BY PERSONS UNDER EIGHTEEN (18) YEARS OF AGE. ANY USER FOUND TO BE UNDER THE AGE OF THIRTEEN (13) OR PERMITTING USE OF THE SOFTWARE/SERVICE BY A PERSON UNDER THE AGE OF THIRTEEN (13), MAY HAVE HIS OR HER ACCOUNT SUSPENDED OR TERMINATED WITH OR WITHOUT NOTICE AND OTHER ACTIONS MAY ALSO BE TAKEN. IF A CHILD LESS THAN THIRTEEN (13) YEARS OF AGE HAS ACCESS TO YOUR COMPUTER, DO NOT USE IVISIT'S "REMEMBER" FEATURE FOR YOUR PASSWORD; PLEASE TYPE IN YOUR PASSWORD MANUALLY TO ENSURE YOU HAVE THE SOLE ACCESS AND RESPONSIBILITY FOR YOUR IVISIT ACCOUNT. AND YOU SHOULD USE A PARENT/ADMINISTRATOR PASSWORD. YOU SHOULD ALSO DELETE THE IVISIT.NET FOLDER AND ONLY COMMUNICATE USING ADDRESSES OF USERS THAT YOU KNOW AND HAVE OBTAINED DIRECTLY FROM SUCH USERS. THIS WILL RESTRICT THE CHILD AND ANY UNAUTHORIZED USER FROM USING YOUR ACCOUNT. WE ALSO RECOMMEND THAT YOU TURN ON THE PARENTAL/ADMIN LOCK ON AND THAT YOU DO NOT MAKE IVISIT.COM OR IVISIT.NET PUBLIC DIRECTORIES VISIBLE TO NONADULTS AND THAT YOU ONLY COMMUNICATE WITH OTHER TRUSTED USERS OR WITHIN TRUSTED PRIVATE NETWORKS PROVIDED BY YOUR OWN IVISIT DOMAIN OPERATOR. If you access iVisit.com, .net or other iVisit directories or if you have the newer versions of iVisit you will be provided with registration services. When you register for iVisit, you will choose a username or nickname and an account will be created for you. You may not select a nickname, which violates any copyright, third party's trademark right or other proprietary right or a name which iVisit deems at its sole discretion to be offensive or in any other way unacceptable. iVisit reserves the right to delete any profane or unacceptable nicknames and/or to require you to change your nickname. You are entirely liable for all activities conducted through your Account and the nickname registered to your Account or within your iVisit chat room. You may allow another person, including a minor (13 - 18 years of age), to use your Account and nickname only with your supervision; provided however, you shall remain liable for any such use of your Account by another person. In consideration for your use of the iVisit Software/Service, you agree to (i) provide true and accurate information about yourself as required by the registration forms (ii) maintain and update the Registration Data to keep it true, and accurate and (iii) notify iVisit of any unauthorized use of your account, password or other breach of security by emailing admin@iVisit.com NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE SOFTWARE/SERVICE. THE SOFTWARE/SERVICE IS PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TERMS OF USE. You, and anyone you authorize to use your Account, may not engage in conduct which is unlawful or which iVisit in its sole discretion determines to be unacceptable. iVisit reserves the right to terminate your Account if, in its sole discretion, it determines that you have engaged in any prohibited or unacceptable conduct. Please be advised that if you have paid to subscribe to any of the iVisit Software/Service, your subscription fee will not be refunded if your account is terminated or suspended. Without limiting the foregoing, examples of unacceptable conduct include: (a) transmitting any unlawful, threatening, abusive, profane, offensive, defamatory, obscene or hateful text or voice communication or Images or other material, or any otherwise objectionable material, or any material that violates or infringes the intellectual property or privacy or publicity or other rights of any other party; (b) using any obscene or offensive alias; impersonating another user; (c) posting or transmitting any advertising, materials or other forms of solicitation to other users; (d) permitting language, text or images that are inappropriate to the room you host or abusing your right to take action against participants in your room. (e) Impersonating an iVisit employee/staff member/helper is absolutely forbidden. iVisit team will never ask you for your logon, password or other personal details unless you so instruct them to do so for assistance with your iVisit account and with your authorization only. (f) You may not interfere with or disrupt the iVisit servers or services in any manner whatsoever. Doing so may be a violation of Federal law. (g) You may not use the iVisit website or site related services to disparage or damage the reputation of iVisit or iVisit employees, contractors, agents, officers or directors. In addition, but not be limited to, hacking the Software/Service, sending a Trojan, worm, time bomb, JavaScript or other disabling device or other harmful component intended to damage. Use of the iVisit Software/Service may include advertisements of various forms, which are deemed necessary for iVisit to provide the service. You further understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content") is provided by, and the responsibility of the person that provided that Content and that IVisit is not responsible for such Content. iVisit does not administer rooms and is not responsible for the content of rooms, unless specifically denoted. iVisit expresses no view as to the content of any room and is not responsible for any activities taking place therein regardless of ratings implied by titles on the iVisit directory or software. To the extent that you participate in any activity on iVisit, you do so at your own risk. If another iVisit user attempts to send or sends you a video, graphic or other image or other visual depiction and you do not know the user, the image sent by the user may be inappropriate for the rating of the iVisit place you are in. Accordingly, you should use your judgment before agreeing to accept an image, audio or text communication from other users (“User Communication Content”). The Caller ID features allow you to identify callers before you accept to connect to them when on public directories and along with user addresses allow you to have private communications with known and trusted parties. You hereby agree that your acceptance of this license implies that you have fully familiarized yourself with the features of the iVisit Software/Service through the iVisit help resources on www.ivisit.com , software documentation and that you take full responsibility for inadvertently receiving inappropriate User Communication Content at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against iVisit Parties (hereinafter defined) arising out of, or relating to your acceptance of User Communication Content which could include image, audio or text communications. In addition, you should be aware that if you elect to publish, distribute, or otherwise make available an image or audio or speak to or send a text message or a file, (“Content”) to another user or users such user or another user may be able to capture, reproduce and/or download the Content and redistribute it in undesired forms, to persons or entities to whom or which you do not wish Content to be distributed. Accordingly, you should not publish any Content, unless you are prepared to have the Content disseminated to a wide audience and to persons and/or entities whom or which you might not want to see the Content. You hereby agree that your publishing of such Content is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against IVisit arising out of, or relating to your Publication of such Images or Chat. DIRECTORY AND ROOM RATINGS. Video Chat Rooms are "rated" by users themselves in order to enable other users to determine what language and images are appropriate and may be expected. The ratings are guidelines that are enforced by the owner of each chat room, and are not to be regarded as an assurance that the content will be safe or acceptable to you or anyone under eighteen (18) years of age. Upon entry into a person’s room you are in communication space owned and operated by the room owner and the owner and other participants are responsible for the presented content of communications. For example, in a Public area of the Directory no foul language is permitted, nor are pictures involving adult themes (nudity or violence, for example). In an Adult area you should you should expect content which you may find potentially offensive. No one under the age of eighteen (18) should join such rooms even with adult supervision. iVisit is not liable for any assumptions that you make when entering any given directory section or chat room whether Adult or Public or for any inappropriately rated directory sections or chat rooms and you assume all risk in joining any chat room or permitting anyone under eighteen (18) years old to join any chat room. HOSTING A CHAT ROOM. In accordance with the Terms of Service, if you own a Paid Plus Account, you have the ability to create your own rooms and listings on iVisit. If you are the host of a room and another user is not behaving in a manner that is consistent with the Terms of Service as applicable to your room, you (and certain people authorized by you), have various options to address such behavior , including: (a) removing that person from your room ("Block”) and blocking the person from entering your room or connecting to you again, and (b) logging of IP addresses and time of a users who has had misconduct). Please refer to resources on the iVisit Site on Abuse Handling LAW ENFORCEMENT and PRIVACY ISSUES. All iVisit users can view the IP address of users they are connected to or have received messages from. As such IP addresses and time information recorded by users can be used to report other users’ misconduct to law enforcement entities. iVisit will fully cooperate with law enforcement in investigating or requesting information with respect to suspected criminal or other activity and, notwithstanding any provision herein to the contrary, may release your name and other information to the appropriate authorities for that purpose, with or without a subpoena. In addition, iVisit has the right, but not the obligation, to initiate its own review of the conduct of any user, either independently or as a result of a complaint by a third party user. Any investigation undertaken by iVisit would include all steps that iVisit deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties. TERMINATION OF ACCOUNT. In the event that you engage in conduct prohibited by this Agreement, or otherwise commit any other breach of this Agreement, then ANY of the following may occur: you may be issued a warning; your access to online chat groups may be suspended or use of your account may be temporarily or permanently blocked; other action may also be taken against you. Please be advised that if you have paid to subscribe to any of the iVisit services, your subscription fee will not be refunded (either in whole or in part) if your account is terminated or suspended. LIMITATION OF LIABILITY AND INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IVISIT OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY "IVISIT PARTIES") OR ANY OF THEIR RESPECTIVE SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, THE LICENSE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF IVISIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO INDEMNIFY AND HOLD IVISIT PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE AND EXPENSE, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE IVISIT SOFTWARE AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT. GOVERNING LAW. In enforcing, interpreting and for all other purposes, this Agreement will be governed by the substantive laws of the State of California and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of California, City of Los Angeles. This Agreement may not be modified except to the extent of a written agreement to do so by an authorized representative of iVisit. iVisit reserves the right to modify the terms of this Agreement from time to time without notice to you, by posting the most current version of the Agreement on its website. In addition to the terms of this Agreement, you shall also be bound by the terms of any posted rules or guidelines applicable to your use of the IVisit software. PRIVACY POLICY. iVisit's Privacy Policy can be found on the website www.iVisit.com IVisit reserves the right to modify this privacy agreement from time to time without notice to you, by posting the most current version of the Privacy Policy on its website. Please review this privacy policy from time to time to make sure you are aware of the most recent rules and guidelines applicable to your use of the iVisit Software. ABUSE HANDLING. iVisit acts as a Software and Service Provider and can not monitor or moderate the contents of users’ communications. We have provided tools to room owners to administer and moderate their own rooms and therefore consider them responsible for the content that is exchanged in their rooms. Please review www.ivisit.com for materials related to abuse handling and code of conduct. Third Party Software Copy Right Notices For AES (Advanced Encryption Standard) Copyright (c) 2001, Dr Brian Gladman , Worcester, UK. All rights reserved. For UMAC ("Universal Message Authentication Code") Copyright (c) 1999-2000 Ted Krovetz (tdk@acm.org)