THESE TERMS OF USE DO NOT LIMIT, ALTER OR MODIFY ANY RIGHTS THAT YOU MAY HAVE TO USE ANY OPEN SOURCE VERSION OF THE EPESIBIM ("EPESI SOFTWARE") LICENSED BY Janusz Tylek ("TELAXUS").

THE TERMS OF SERVICE SET FORTH BELOW ("TERMS") GOVERN YOUR USE OF EPESI STORE SITE ("SITE") OF TELAXUS AND THE SERVICES AVAILABLE THROUGH THIS SITE ("SERVICES") AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES. YOUR USE OF THIS SITE AND/OR THE SERVICES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT TELAXUS MAY MAKE CHANGES TO THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES IN THE TERMS. IN ADDITION, TELAXUS MAY MAKE CHANGES TO THE SERVICES AT ANY TIME.

## General Use Restrictions

Except for the Epesi Software or the software offered by developers on the Site, if any ("Third Party Software"), the download of which is governed by the license agreement associated with such Third Party Software, and except for the Third Party Content (defined below) which are provided by third parties, all information, documents and Services provided through this Site, including trademarks, logos, graphics and images (collectively, the "Materials") are provided to you by Telaxus. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

Telaxus grants you the limited right to use the Materials only on your personal computer, and to copy and download the Materials available through the Site, provided that: (1) both the Telaxus copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to distribute any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Telaxus may remove your postings from this Site and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If Telaxus becomes aware of any of the foregoing activities, Telaxus may investigate and may respond, and when appropriate, Telaxus may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that Telaxus expressly prohibits and you agree not to:

- Use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person
- Harass, stalk, or otherwise subject any other user of the Site and/or Services to unwanted and/or inappropriate contact
- Send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes and/or advertise any products or services either by directly posting on the Site or within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication
- Take any action that imposes an unreasonable or disproportionately large burden on the Site's infrastructure
- Intentionally expose the Site and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Site and/or Service
- Use any robot, spider or other program or device to retrieve or index any portion of the Site
- harvest or otherwise collect information about other users for any purpose other than use of the Site and/or Services as expressly permitted herein

The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. Telaxus reserves the right to terminate our relationship with you under these terms and prohibit your access to the Site and/or Services, to remove, edit or close any thread on any message board or chat room for any reason, including, without limitation, any action that Telaxus, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any user.

## Account Registration and License Key Protection

Prior to gaining access to certain Services on the Site, Telaxus will require you to set up a user name and license key ("License Key") as set forth in the account registration procedures posted on the Site. You agree to assume sole responsibility for the security of License Key issued to you. License Key is subject to cancellation or suspension by Telaxus at any time, including upon the misuse of the account or breach of these Terms. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your License Key, and you shall inform Telaxus immediately in writing of any actual or potential unauthorized access to a License Key or to the Site and/or Services.

## Privacy Policy

Your use of the Site is governed by the Telaxus Privacy Policy that is available here: Privacy Policy.

## Trademarks and Copyrights

The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Telaxus or others used on this Site and in the Services are the property of Telaxus or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of Telaxus or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Janusz Tylek Copyright Â© 2011, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

## Indemnification

You agree to defend, indemnify and hold harmless Telaxus and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site and/or the Services, any transaction related to the acquisition of Third Party Software or Third Party Content, or a breach of these Terms.

## Disclaimer of Warranty

You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Telaxus, and agree that Telaxus does not warrant the accuracy or timeliness of the Materials and further agree that Telaxus has no liability for any errors or omissions in the Materials, whether provided by Telaxus or its licensors.

TELAXUS, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. TELAXUS PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.

## Limitation of Liability

NEITHER TELAXUS NOR ANY OF ITS AGENTS, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF TELAXUS WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

## General

Telaxus controls and operates this Site from its headquarters in the United States and makes no representation that the Services or the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site or the Services from outside the United States, you are entirely responsible for compliance with applicable local laws. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under these Terms without Telaxus' prior written consent, and any attempt to do so without that consent will be void. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns. These terms will be governed by Pennsylvania law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to these Terms. You shall bring all disputes, actions, claims, or causes of action related to these terms or in connection with this Site only in the federal and state courts located in Delaware county, Pennsylvania. If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Telaxus to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Telaxus in writing. No joint venture, partnership, employment or agency relationship exists between you and Telaxus. These terms comprise the entire agreement between you and Telaxus and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Except for Telaxus' rights to modify these Terms as described above, these terms may be amended or supplemented only by a writing that is signed by duly authorized representatives of both parties.

## High Risk Activities

The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Telaxus expressly disclaims any express or implied warranty of fitness for High Risk Activities.