DIBBSNav End User License Agreement (EULA)

DIBBSNav PRODUCTS AND SERVICES

REDISTRIBUTION NOT PERMITTED

License for DIBBSNav Products and Services

IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: This License Agreement for certain DIBBSNav Products and Services ("License Agreement" or "Agreement") is a legal agreement between you (either an individual or an entity) and DIBBSNav (an unincorporated partnership) and its suppliers and licensors (collectively "PP" or "DIBBSNav") for the DIBBSNav software which may include components provided by suppliers and licensors to DIBBSNav ("Software") and/or DIBBSNav services ("Services").  The Software may include any of the following DIBBSNav products including any combination of such products and Alpha, Beta, trial, pre-release, free, and pay versions of the products (collectively, "DIBBSNav Products").  You may install and/or access only ONE copy of the Software per license agreement.  The Services may include supplemental consulting services, contracted separately.  The Services include product upgrades, support and access to content as described.  You may only receive the Services if you are a Service subscriber in good standing with either a valid, authorized credit card on file with DIBBSNav, an authorized compensation agreement, or if you are in the trial period of the Services.  By checking the box marked “I have read the above End User License Agreement and agree with the terms and conditions” you agree to be bound by the terms of this License Agreement.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT,  DO NOT CHECK THE AFORE MENTION CHECK BOX.

FOR YOUR USE OF DIBBSNav SERVICES, YOU AGREE TO BE BOUND BY THE "TERMS OF SERVICE" ATTACHED HERETO AS EXHIBIT A. 

PERSONAL INFORMATION YOU PROVIDE TO DIBBSNav IS GOVERNED BY THE DIBBSNav PRIVACY POLICY AT http://www.dibbsnav.com/privacy/privacy.htm

YOU AGREE THAT YOUR USE OF THE SOFTWARE AND/OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1.  GRANT OF LICENSE.  Upon receipt of authorized payment, DIBBSNav ,  hereby grants to you a non-exclusive license to use the Software and any related documentation ("Documentation") subject to the following terms:

a)  You may: (i) use the Software on a single computer; b)  The Software may include certain plug-in components ("Plug-Ins"), including FLASH, ActiveX Controls, Java plug-in, and other plug-ins.  Any direct use of Plug-Ins through a non-DIBBSNav,  proprietary application, including a custom or user-written application, is prohibited by this Agreement. 

c)  DIBBSNav may modify this License Agreement with respect to free versions of the Software upon 14 days notice, including notice via the communications features described below.

2.  LICENSE RESTRICTIONS.

a)  You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; (v) remove any proprietary notices or labels on the Software or Documentation.  You also may not use the DIBBSNav applications in custom installations or applications expect as specifically authorized in writing by DIBBSNav.  Any such forbidden use shall immediately terminate your license to the Software. 

b)  You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. 

c)  You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction, including the federal government of the United States.

d)  The Software embodies a software management system that restricts users from inappropriate use beyond the scope of any contracted service. You may not circumvent or attempt to circumvent this system by any means.

3.  COPIES OF SOFTWARE AND ENHANCEMENTS.  You may not copy or download proprietary database or any other operating software during your use of the DIBBSNav database.

4.  FIREWALL CONFIGURATION.  The Software may configure certain firewall applications such that the user is not alerted when the Software requests or receives data necessary for access to the DIBBSNav database protocol.

7.  DIBBSNav COMMUNICATIONS FEATURES. 

a)  The DIBBSNav's Software consists of interactive Internet applications that perform a variety of communications over the Internet as part of their normal operation.  A number of communications features are automatic and are enabled by default. By installing and/or using the Software, you consent to the Software's communications features.  Once you log into the Software, user information including your user id will be sent in communications with DIBBSNav' servers. This information is used to access your regular account, services, features, and other personalized services. DIBBSNav may match the user id to personally identifiable information in order to provide you with products, services, and software that you're entitled to and to provide you with relevant information. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software.

b)  Cookies: The Software also requires the use of cookies, similar to an Internet browser.  This allows any website to set cookies for you when you view any of the website's content through the Software, unless you have disabled cookies. If you have disabled cookies, you will not be able to access DIBBSNav software features and services.

c)   The DIBBSNav database automatically communicates with DIBBSNav Partners' servers on the Internet to check for updates to DIBBSNav's and DIBBSNav’s partner software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. DIBBSNav may download updates during the background checks, when DIBBSNav automatically communicates with DIBBSNav' servers, when you manually check for updates, or when DIBBSNav detects a file it does not support.

d)  Secure Content Consumption: DIBBSNav may be required to send statistical data to servers regarding the consumption by an end user of content secured using the technology contained in this Software to protect the integrity of the content ("Secure Content").

8. OPERATING CONSIDERATIONS

1.  Hardware information: In order to access the appropriate software to operate the database, DIBBSNav will place a cookie on your computer that enables future logins. No information about your hardware will be retrieved or stored on any DIBBSNav server.

2.  Personal information: DIBBSNav Software will not associate itself with any personal information in the DIBBSNav database or anywhere else on your computer.  DIBBSNav' use of any personal information is governed by the DIBBSNav privacy policy. Neither DIBBSNav nor its partners shares with third parties any personal information you provide in connection with our products without first obtaining your informed consent.

4.  Financial information: Credit card and other transactions are generally handled by the website providing the content. Exceptions can be made at the sole discretion of DIBBSNav.

5.  Usage information: DIBBSNav may keep statistics on the aggregated anonymous use of the DIBBSNav Software. 

9.  TITLE.  Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in DIBBSNav (an unincorporated partnership) and/or its suppliers as stipulated by subsequent agreement.  The Software and the Services are protected by the copyright laws of the United States and international copyright treaties.  Title, ownership rights and intellectual property rights in and to the content accessed through the Software and the Services ("Content") including the content contained in the Software media demonstration files, shall be retained by the applicable Content owner and may be protected by applicable copyright or other law.  This license gives you no rights to such Content.

10.  WARRANTIES AND LIABILITIES.

(a)  For general use of DIBBSNav Products, the following terms apply:

LIMITED WARRANTY.  DIBBSNav warrants that for a period of ninety (90) days from the date of acquisition the Software, if operated as directed, will substantially achieve the functionality described in the Documentation.  DIBBSNav does not warrant however that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.  DIBBSNav also warrants that the media or connectivity containing the Software, if provided by DIBBSNav, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquire a license to operate the Software.

(i)  No Other Warranties.  NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DIBBSNav AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE.  If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident abuse or improper use; or if you violate the terms of this License Agreement, this warranty shall immediately terminate.  This warranty shall not apply if the Software is used on or in conjunction with hardware or Software other than the unmodified version of hardware and Software with which the Software was designed to be used as described in the Documentation.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

(ii)  Customer Remedies.  DIBBSNav' sole liability for a breach of this warranty shall be in DIBBSNav' sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee, if any, you paid for the Software.  Repaired, corrected or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software or if longer for thirty (30) days after the date DIBBSNav either resolved the problem with the Software or advised you as to how to operate the Software so as to achieve the functionality described in the Documentation, whichever is applicable.  Only if you inform DIBBSNav of the problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will DIBBSNav be obligated to honor this warranty.

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER IN TORT CONTRACT OR OTHERWISE SHALL DIBBSNav OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF DIBBSNav  OR ITS RELATED PARTNERS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.  FURTHER, IN NO EVENT SHALL DIBBSNav' LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO DIBBSNav FOR THE SOFTWARE AND DOCUMENTATION.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(b)  For the Free, Trial, Pre-Release, Alpha, and Beta versions of DIBBSNav Products, the Services and the Content, the following terms apply: 

DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY.  THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIBBSNav (and its DIBBSNav related business entities) FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT REMAINS WITH YOU.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIBBSNav NOR ITS RELATED PARTNERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE SERVICES OR THE CONTENT, EVEN IF DIBBSNav HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIBBSNav' TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00).  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  DIBBSNav DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH DIBBSNav OR ITS RELATED PARTNERS.

11.  INDEMNIFICATION.  This Software and the Services are intended for use only with properly licensed media, content, and content creation tools.  It is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress, convert, or download such media and content.  You agree to access and download only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances.  You agree to hold harmless, indemnify and defend DIBBSNav, its officers, directors and employees, and related partners from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) downloaded, copied or transmitted any materials (other than materials provided by DIBBSNav) in connection with the Software in violation of another party's rights or in violation of any law, or (ii) violated any terms of this License Agreement.  If you are importing the Software from the United States, you shall indemnify and hold DIBBSNav harmless from and against any import and export duties or other claims arising from such importation.

12.  TERMINATION.  This License Agreement will automatically terminate if you fail to comply with any term hereof.  No notice shall be required from DIBBSNav to effect such termination.  You may also terminate this License Agreement at any time by notifying DIBBSNav or DIBBSNav officials in writing of termination.  Upon any termination of this License Agreement, you shall immediately discontinue use of the Software and shall within three (3) days surrender access to DIBBSNav, or certify destruction of, all full or partial copies of the login applications for the Software, documentation and related materials provided by DIBBSNav.  Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.

13.  NO ASSIGNMENT.  This Agreement is personal to you, and may not be assigned without DIBBSNav' express written consent.  In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made.  If either DIBBSNav or related authorized partners to DIBBSNav do not consent to assignment of this Agreement to the new or acquiring entity in such merger or acquisition, DIBBSNav may terminate this Agreement on thirty (30) days' written notice.  Both parties shall perform under this Agreement until such termination is effective.

14.  TECHNICAL SUPPORT.  Technical support for the Software, as made available by DIBBSNav, is described on the DIBBSNav support area of its website:  http://www.dibbsnav.com.

15.  U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS.  U.S. GOVERNMENT RESTRICTED RIGHTS:  This Software and documentation are provided with RESTRICTED RIGHTS.  Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software--Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable.  Manufacturer is DIBBSNav, , Dayton, Ohio.  You are responsible for complying with all trade regulations and laws both foreign and domestic.  You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into Afghanistan (Taliban-controlled areas), Cuba, Iran, Iraq, Libya, North Korea, Serbia (except Kosovo), Sudan and Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List.  By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls. For more information on the U.S. Export Administration Regulations (EAR), 15 C.F.R. Parts 730-774, and the Bureau of Export Administration ("BXA"), please see the BXA homepage (http://bxa.fedworld.gov).

16.  IMPORTANT--MISCELLANEOUS. 

a)  Arbitration & Jurisdiction. You and DIBBSNav agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement, the Software or Services, or your use of the Software or Services shall be final and binding arbitration.  The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). The arbitration shall take place in the State of Indiana. To the fullest extent permitted by law:  no arbitration under this License Agreement shall be joined to any other arbitration, including any arbitration involving any other current or former licensee of DIBBSNav or DIBBSNav related parties; no class arbitration proceedings shall be permitted; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and DIBBSNav); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and DIBBSNav).  Your arbitration fees and your share of arbitrator compensation will be limited to those set forth in the AAA's Consumer Rules with the remainder paid by DIBBSNav or other DIBBSNav-related business operation.  If such costs are determined to be excessive, DIBBSNav will pay all arbitration fees and arbitrator compensation.  You and DIBBSNav may litigate in court only to compel arbitration under this Agreement, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator(s).  You and DIBBSNav hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Indiana to enforce the provisions of this Section 16 and to resolve any disputes and claims cognizable in court relating in any way, or arising out of, this Agreement, the Software or Services or your use of the Software or Services.  The court, not the arbitrator, shall determine arbitrability and enforce the arbitration agreements contained herein, including the prohibition on consolidated arbitrations and class arbitration.  This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement, the Software or Services or your use of the Software or Services shall be governed by the laws of the State of Indiana and the Federal Arbitration Act.

b)  Complete Agreement.  This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by DIBBSNav or DIBBSNav-related business operations or not.  The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein.  The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of DIBBSNav.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.  This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Last modified: October 16, 2009

EXHIBIT A

DIBBSNav

TERMS OF SERVICE

Terms of Use for DIBBSNav Services

1.  PAYMENT & SERVICES.

Following the expiration of a trial period that may be provided to you in the sole discretion of DIBBSNav, you agree to pay DIBBSNav the service charges for your use of the Services using a valid credit card or accepted means of payment, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.  You authorize DIBBSNav to automatically bill the charge card you provide, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using).  Payments are billed in advance at the beginning of the applicable annual period. All payments are completely non-refundable.  You may cancel the Services at any time, but DIBBSNav will not refund any remaining portion of your subscription fees, including any minimum commitments, already billed to your account.  You agree to provide DIBBSNav with a valid credit card and accurate, complete and updated information required by the subscription registration form, unless otherwise authorized by a DIBBSNav or DIBBSNav representative.  Failure to comply may result in the immediate termination of Services.  

DIBBSNav will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due.  That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that DIBBSNav may incur in its efforts to collect any remaining balances from you.  You also agree that you will be billed for and will pay any outstanding balances if you cancel the Services, or the Services are terminated. You agree to notify DIBBSNav about any billing problems or discrepancies within 90 days after they first appear on your account statement.  If you do not bring them to DIBBSNav' attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

During your subscription period, you will be entitled to receive: (1)  Content (as defined below); (2) any generally available DIBBSNav upgrades released during your subscription period; and (3) DIBBSNav support services as appropriate. You understand that all information, audio, video, images, artwork, data, text, software, photographs, graphics, messages or other materials (collectively, "Content") provided in conjunction with the Services are the sole responsibility of the entity from which such Content originated and not DIBBSNav or DIBBSNav-related business entities.  UNDER NO CIRCUMSTANCES WILL DIBBSNav,  OR DIBBSNav-RELATED BUSINESS ENTITIES BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION PERIOD, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, QUALITY OF THE CONTENT, AVAILABILITY OF THE CONTENT, THE SUBJECT MATTER OF THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT PROVIDED AS PART OF THE SERVICE.

2.  YOUR RIGHT TO CANCEL DIBBSNav SERVICES

You may cancel the DIBBSNav Services at any time.  You will not receive any refund or partial refund for any charges already billed to your account.  In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period.  You may cancel the services by calling 1-866-553-0244 and/or emailing support@DIBBSNav.com.  You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with DIBBSNav or DIBBSNav-related business entities.  This includes, but is not limited to, any dispute related to, or arising out of:  (1) any term of this Agreement or DIBBSNav's enforcement or application of this Agreement; (2) any policy or practice of DIBBSNav, including any DIBBSNav Privacy Policy, or DIBBSNav's enforcement or application of these policies; (3) the Content available through DIBBSNav or the Internet or any change in Content provided through DIBBSNav; (4) your ability to access and/or use the Content; (5) any DIBBSNav Software or Content provided by or through DIBBSNav; or (6) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.

3.  DIBBSNav' RIGHT TO TERMINATE OR MODIFY SERVICES

DIBBSNav may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you.  In the event DIBBSNav modifies the Agreement or the Services, you may terminate the Services.  DIBBSNav may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at DIBBSNav's sole discretion.  DIBBSNav may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term.  No notice shall be required from DIBBSNav to effect such termination. Upon any termination of this Agreement (whether by you or DIBBSNav), you shall immediately discontinue use of the Services.  Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.

4.  SERVICE USE RESTRICTIONS.

a)  You agree that you shall only use the Services and Content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content and Services; (ii) modify, translate, distribute or create derivative works of the Content or the Services; (iii) copy or redistribute the Content; (iv) rent, lease, transfer, or otherwise transfer rights to the Content or the Services; (v) remove any proprietary notices or labels on the Content or Service; and (vi) add to, alter, delete from, or otherwise modify the Content.

b)  You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a Content file.  The Service embodies a security management system, and you may not circumvent or attempt to circumvent this system by any means.

d)  In addition to any other remedies available in equity or law to DIBBSNav and DIBBSNav related business entities, failure to comply with any of the terms and conditions in this Section 4 "Service Use Restrictions" shall immediately terminate your license to the Content and the Services.

5.  PERSONAL INFORMATION AND PRIVACY

Personal information you provide to DIBBSNav or DIBBSNav-related business entities is governed by DIBBSNav Privacy Policy at http://dibbsnav.com/privacy/privacy.htm. Your election to use the free or paid Software and Services, indicates your acceptance of the terms of the DIBBSNav Privacy Policy, so please review it carefully if you have any questions about DIBBSNav treatment of personal information you provide to us.  If you have questions about our Privacy Policy, please e-mail us at support@DIBBSNav.com.

You are responsible for maintaining the confidentiality of your password and account information.  You are responsible for all activities that occur in your account and you agree to notify DIBBSNav or DIBBSNav-related business entities immediately of any unauthorized account use. DIBBSNav or DIBBSNav-related business entities are in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.

6.  E-MAIL NOTIFICATION. 

To let you know what new Content and Services are available from time to time, DIBBSNav-related business entities will send you e-mail describing the latest Content and how to get access to the Content.  You agree that as a Service subscriber, DIBBSNav-related business entities may send you such e-mail to the address you provide.  Because this e-mail is necessary for you to receive the Services, you will receive this e-mail even if you have opted out of receiving other e-mail from DIBBSNav or DIBBSNav-related business entities.  If you do not want to receive this e-mail, you may cancel the Service at any time as provided in this Agreement, or opt out of the DIBBSNav e-mail as provided in each e-mail.

Last modified: October 16, 2009