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Terms:	ARCHIBUS, Inc. provides archibus.com to you subject to the following Terms of Use Agreement ("Agreement"). This Agreement describes your responsibilities and limits our liability, among other things. Please read it carefully before using archibus.com. By using archibus.com, submitting a registration form, or clicking the "Submit" button on a registration form, you are entering into this Agreement with ARCHIBUS, Inc. ("ARCHIBUS"), and indicating that you agree to be bound by the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, please click the HOME link on the upper left side of this page or the Back button on the browser tool bar. 1. SCOPE OF AGREEMENT 1.1. Definition of "archibus.com ". "archibus.com " means ARCHIBUS's proprietary service, which may include chat rooms, e-commerce, hosting, information services, and online collaboration and which is made available to you by ARCHIBUS (at its discretion) at a URL with the domain name www.archibus.com (the "Site"). 1.2. Use of Materials and Services. ARCHIBUS makes available to you on the Site information, documents, images, software and products (the "Materials") and various services operated by ARCHIBUS (the "Services"), subject to the terms and conditions set forth in this Agreement. When using particular Services or Materials on this Site, or entering sections of the Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in this Agreement. All such guidelines or rules are hereby incorporated by reference into this Agreement. 1.3. Entire Agreement; Modification. This Agreement constitutes the entire agreement between you and ARCHIBUS with respect to archibus.com, and supersedes all prior agreements or previous discussions (written or oral) between you and ARCHIBUS. Notwithstanding Section 1.2, this Agreement may be modified only by ARCHIBUS by both (a) posting the new terms of use in the same location as the previous terms of use were posted, and (b) informing you of the modification through a general notice either posted on the Site or individually directed to you. If you continue to use archibus.com, then you will be considered to have accepted the modifications. 1.4. Additional Terms for Additional Services. Certain services in addition to those described in this Agreement may be available as part of, or through the Site. These services include services provided by ARCHIBUS and by third parties ("Partners"), and may be subject to terms and conditions in addition to those in this Agreement. These terms and conditions are available upon registering for or subscribing to the service. Such terms and conditions are in addition to the terms and conditions of this Agreement, and apply only to that Partner's service or content unless explicitly stated otherwise. Should an additional service be made available on archibus.com without additional terms, these terms shall apply. Partner terms and conditions for any services provided with archibus.com registration shall be made available through the Site. All other Partner terms and conditions are available on their respective sites and are applicable should you choose to use their service(s). 2. LIMITED COPYRIGHT LICENSE 2.1. Use of Materials and Services. The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, ARCHIBUS and its Partners do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services. Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of ARCHIBUS. 2.2. Use of Software. The software and accompanying documentation that are made available to download from this Site are the copyrighted work of ARCHIBUS and/or its licensors or suppliers. The Agreement, any additional terms or end user license agreements that accompany or are included with such software, or that are set out below, govern use of the software. You may not decompile, reverse engineer, or otherwise attempt to discover the source code of any of the software available on or through the Site, unless, and only to the extent that, applicable law prohibits contractual limitations upon your right to do so, and then only after you have notified ARCHIBUS in writing of your intended activities. 3. REGISTRATION AND YOUR INFORMATION. 3.1. Registration. To subscribe to archibus.com, you must submit a complete archibus.com registration form. By submitting a registration form, you represent and warrant (a) that you are 18 years of age or over, (b) that you are (i) signing up as an individual, (ii) a sole proprietorship or (iii) that you are authorized to sign for and bind the entity subscribing to archibus.com; (c) the information on the registration form is current, complete and accurate. You must update that registration information to ensure that it continues to be current, complete and accurate. ARCHIBUS reserves the right to accept or reject your registration for archibus.com. 3.2. Privacy Policy; No Breach of Privacy. For ARCHIBUS to make archibus.com and all of its features and functions available, ARCHIBUS may collect information about you and your use of archibus.com, including the information identified in ARCHIBUS's privacy policy ("Subscriber Information"). You acknowledge and agree that ARCHIBUS's collection and use of Subscriber Information as set forth in the privacy policy, and ARCHIBUS's operation and provision of archibus.com, as contemplated in this Agreement, is not a breach of your right of privacy, publicity, or any other right related to protection of personal data, whether in equity, law, contract or otherwise. You hereby waive any and all such claims or rights of action, whether foreseen or unforeseen, so long as the Subscriber Information is collected, stored and used in accordance with ARCHIBUS's privacy policy, or in the case of our Partners, our Partners' privacy policy. Click here to read the Privacy Policy. 4. USE OF archibus.com 4.1. Access to archibus.com; User Names and Passwords. Upon acceptance of your registration form, ARCHIBUS shall confirm your user name and password. Upon your receipt of the confirmation of your user name and password, ARCHIBUS authorizes you to access and use archibus.com subject to the terms and conditions of this Agreement. You shall maintain the confidentiality of any user name and password. If there is a breach of the confidentiality of a password or user name assigned to you, or any breach of security through your account, then you shall notify ARCHIBUS customer service immediately by contacting ARCHIBUS at webmaster@archibus.com. 4.2. Permitted Uses. You may use archibus.com in accordance with this Agreement, including ARCHIBUS's "Acceptable Use Policy", which is at the end of this Agreement, and incorporated herein by this reference. With respect to information available on archibus.com, you may (i) view that information, and (ii) print that information for use in accordance with this Agreement, so long as those copies are distributed only to your employees and so long as all copyright, trademark and other proprietary rights notices are included on those copies. Except as specifically permitted above, you shall not (i) reproduce or distribute any information available through archibus.com, electronically or otherwise or (ii) store or aggregate that information. You shall not share, rent or sublicense any of its rights under this Agreement to any other party. Any unauthorized use of the content of this Site will be pursued to the full extent of federal and state law, including the imposition of civil and criminal penalties. 4.3. Use Prohibitions. No part of the archibus.com site may be reproduced or transmitted or sold in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from ARCHIBUS, or if relevant, its Partners. No information on archibus.com may be used to compete directly or indirectly with ARCHIBUS. Any unauthorized use will be pursued to the full extent of federal and state law, including the imposition of civil and criminal penalties. 4.4. Reliability of Information on and Links from archibus.com. Information available on or through archibus.com is routinely updated, and ARCHIBUS uses reasonable efforts to ensure that such information is reliable. However, you understand and acknowledge that ARCHIBUS does not control the posting or content of all the information, nor will it verify the timeliness or content of that information. ARCHIBUS expressly disclaims any responsibility or liability for any third party information on archibus.com, or any third party information or services available through a link from archibus.com. You acknowledge and agree that ARCHIBUS does not endorse and is not responsible or liable for any content, advertising, products or other materials or data on or available from other World Wide Web sites or related resources, or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods or services available on or through any such link, site or resource. ARCHIBUS disclaims any and all liability that may be claimed arising out of reliance upon the information presented on the archibus.com site. 4.5. Modification and Availability of archibus.com. You understand and acknowledge that ARCHIBUS may periodically update archibus.com, and that those modifications may create substantial differences in how archibus.com operates or the features that it offers. ARCHIBUS will use reasonable efforts to determine the source of any outage or unavailability of archibus.com. However, you understand that the availability of archibus.com depends on many factors, including your connection to the Internet, the availability of the Internet and the Internet backbone, and equipment that, by its nature, is not fault tolerant. 5. SUBMITTED INFORMATION 5.1. Responsibility for Submitted Information; Warranty. You are solely responsible for the content of any comments, information, questions, data, feedback, ideas, descriptions of processes, or other information submitted to ARCHIBUS through archibus.com ("Submitted Information"). For any and all Submitted Information, you shall obtain any and all licenses to, or releases of intellectual or proprietary rights subsisting in that Submitted Information, consistent with the uses of Submitted Information described in this Agreement, before delivery to ARCHIBUS. Further, you warrant that the Submitted Information will not contain content that is libelous, obscene, excessively violent, scandalous or defamatory, and that the Submitted Information will not contain content that violates the personal, proprietary, or intellectual property rights of any third party. 5.2. ARCHIBUS's Right to Remove or Disable Access. If ARCHIBUS is made aware of Submitted Information that may be (i) libelous, obscene, excessively violent, scandalous, defamatory, or otherwise unacceptable, undesirable, or objectionable, or (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy, then ARCHIBUS has the right, but not the obligation, to remove or disable access to that Submitted Information. For Submitted Information that you reasonably deem to be in violation of law, ARCHIBUS shall remove such Submitted Information upon your written request. You hereby acknowledge that ARCHIBUS will not be liable to you for any action ARCHIBUS takes to remove or to disable or restrict access to such Submitted Information. 6. PROPREITARY RIGHTS Content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. As between you and ARCHIBUS, ARCHIBUS shall retain and own all rights, title and interest in archibus.com, and all worldwide copyright, trademark, service mark, trade secret, trade name, patent and other intellectual property or other rights in and to every component of archibus.com. Except as expressly permitted in this Agreement, you have no rights to use archibus.com. All rights not expressly granted herein are reserved to ARCHIBUS. 7. TERM AND TERMINATION 7.1. Term and Termination. This Agreement is effective as of the date you receive a user name or password authorizing access to archibus.com, and continues in force and effect until terminated in accordance with this Section. ARCHIBUS may terminate this Agreement effective upon written (or e-mailed) notice to you if you materially breach any of the terms or conditions of this Agreement, which breach is not cured within 10 days after notice from ARCHIBUS. ARCHIBUS reserves the right to suspend access to archibus.com pending cure of the breach. In addition, either party may terminate this Agreement, for any reason or for no reason, upon 30 days' notice to the other party. 7.2. Effect of Termination. Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, you shall cease to access or to use any information obtained through archibus.com. Sections 1.2, 3.2, 4, 5, 6.2, 8, 9,10 and 11 survive expiration or termination of this Agreement. 8. INDEMNITY At ARCHIBUS's option and request, you shall, at your own expense, indemnify, defend and hold ARCHIBUS harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and any third party, (b) based on or caused by unauthorized access to archibus.com through your account, (c) based on facts or alleged facts that would constitute a breach of your warranties under this Agreement, or (d) arising out of a request for ARCHIBUS to remove or disable access to any Submitted Information in archibus.com. You shall not enter into a settlement of the foregoing without ARCHIBUS's prior written consent, and shall not incur expenses and fees in defending the above claims, actions or allegations without prior approval from ARCHIBUS. 9. WARRANTY DISCLAIMER. YOUR USE OF archibus.com IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, archibus.com IS PROVIDED AS IS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARCHIBUS AND ALL OF ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO archibus.com, (INCLUDING INFORMATION AVAILABLE THROUGH archibus.com) WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING ANY OF THE FOREGOING, ARCHIBUS DOES NOT REPRESENT OR WARRANT THAT archibus.com, OR ANY COMPONENT THEREOF, WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, ERROR-FREE, VIRUS-FREE OR AVAILABLE AT ANY TIME. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ARCHIBUS, ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE A WARRANTY; YOU SHALL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. 10. LIMITATION OF LIABILITY. 10.1. No Consequential Damages. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ARCHIBUS OR ANY OF ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE, LOST PROFIT, LOSS OF DATA OR ANY OTHER INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES OF ANY KIND HOWEVER CAUSED UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION THOSE DAMAGES THAT ARISE OUT OF OR ARE RELATED TO (1) FAULTS IN archibus.com, (2) THE SUSPENSION, TERMINATION OR INABILITY TO USE archibus.com, OR (3) ANY INACCURACIES OR OMISSIONS IN THE INFORMATION AVAILABLE AS PART OF archibus.com. THE FOREGOING LIMITATION APPLIES WHETHER OR NOT ARCHIBUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 10.2. Limitation on Amount of Direct Damages. IN ADDITION TO THE LIMITATIONS SET FORTH IN SECTION 10.1 ABOVE, IN NO EVENT WILL ARCHIBUS'S LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED TEN THOUSAND U.S. DOLLARS. 10.3. Reasonable Allocation of Risk. You acknowledge that the pricing reflected in this Agreement is based on the above limitations, and that the limitations in this Section 10 represent a reasonable allocation of risk for the parties. 11. MISCELLANEOUS PROVISIONS. 11.1. No Severability or Unintentional Waiver. ARCHIBUS's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. 11.2. Force Majeure. ARCHIBUS will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of such party including without limitation outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war or act of God, or any acts of governmental bodies or authorities. 11.3. Governing Law and Jurisdiction. The laws of the State of Massachussetts (excluding its choice of law rules) will govern interpretation and enforcement of this Agreement. You hereby consent to personal jurisdiction in the federal and state courts of Massachussetts for any actions arising out of or related to your use of archibus.com. Acceptable Use Policy You agree to not use archibus.com to: Upload, post or otherwise transmit any data or content that is unlawful; harmful, threatening, abusive, harassing, tortious, defamatory, vulgar; obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, an ARCHIBUS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt archibus.com or servers or networks connected to archibus.com, or disobey any requirements, procedures, policies or regulations of networks connected to archibus.com; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; "stalk" or otherwise harass another; collect or store personal data about other users; promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites; using your project hosting site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond archibus.com; or engaging in commercial activities without enrolling in archibus.com-approved affiliate programs. This includes, but is not limited to, the following activities: offering for sale any products or services; soliciting for advertisers or sponsors; conducting raffles or contests that require any type of entry fee; displaying a sponsorship banner of any kind; displaying banners for services that provide cash or cash-equivalent prizes to users in archibus.com for hyperlinks to their web sites.