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CHESNET PC - Remote Assistance Service Agreement. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These terms (the "Terms") govern your use of the web site at "chesnetPC.com, pcavail.com, chesnet.us" ("Site") and any computer support services provided either by telephone or computer (the Site and the computer support services are collectively referred to as the "Services") provided by Chesnet PC , its subsidiaries, affiliates and contractors ("PROVIDER", "Chesnet PC ," "we" or "us"). By accessing, ordering or using the Services via telephone or online via the Site, you ("You" or "Your") and other users of the Services (collectively, "CLIENT","Users") agree to these Terms. If You do not agree to these Terms, You may not access or use the Services. Terms of Use We provide You with access to and use of the Services subject to Your compliance with the Terms. Chesnet PC reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that (a) You are at least 18 years old; (b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on the Site, (d) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services, (e) any information You submit to Chesnet PC is correct and complete, and (f) any payment or credit card information You supply is correct. Authorization to Access your Computer You acknowledge that by your use of the Services you are authorizing Chesnet PC to access and control your computer for the purposes of computer diagnosis, service and repair. In connection with delivering the services, Chesnet PC may download and use software, gather system data, take remote control of your computer and access or modify your computer settings. By accepting these terms, you hereby grant Chesnet PC the right to connect to your computer, download and use software on your computer to gather system data, repair your computer, take remote control of your computer and change the settings on your computer while performing the services. Other than as set forth in the warranty section below, you agree that Chesnet PC has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the services. Data Backup CHESNET PC DOES NOT PROVIDE DATA BACKUP OR RESTORATION SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY "CUSTOMER DATA") AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT CHESNET PC OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES. CHESNET PC DOES NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE. CHESNET PC does not take any responsibility for any data that could be on any hard drives, memory drives, peripherals or any other device. CHESNET PC will attempt to back up or recover existing data, but cannot be held responsible for any loss of data, whether it be by accident or intended. If necessary, CHESNET PC may delete some or all files (data and software programs) in order to make the computer functional again. Scope of Services You may initiate the Services via telephone or other means made available by Chesnet PC. Chesnet PC will use reasonable efforts to answer Your personal technology question and resolve Your personal technology problem for a fee as set forth in the Site or quoted on the telephone. Upon receiving the telephone call, Chesnet PC may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the personal technology we support. Certain Services may have minimum system requirements. Fees and Payments The applicable fees for the Services You order will be quoted on the telephone and may be available on the Site. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes. This service is included for no charge for PC Avail Clients. Privacy The Provider will not save any data or files belonging to the client after the remote session has ended. Any files transferred to the provider for the purposes of analysis or fault diagnosis will be erased after the remote session has ended. Each remote access PIN provided by the provider to the client will only remain active for one session. Limited Liability. PROVIDER shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement or the product, including but not limited to damages for lost profits, loss of use, lost data, phone bills, communication lines bills, loss of privacy, damages to third party even if PROVIDER has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. Access, Collection and Use of Data (Non-Personal Information) In the course of providing this service, Chesnet PC may: - collect statistical usage information about Chesnet PC sessions; and - collect the following information encrypted in a data log file sent back to Chesnet PC : Session ID - Random number used to identify each Chesnet PC session Session Log - A log or recording of all actions from the technician will be captured Date / Time - Date and time that a session started and ended Service Pack - Version of Windows service pack installed Computer Type - Computer make and model Edition - Version of Operating System installed (XP Pro, XP Home, Vista, 7, OS X etc.) System Devices - System profile information (Example: Internet Explorer settings, Hard Drive Free Space, Running Processes) Access, Collection and Use of Personal Information In the course of providing this service, Chesnet PC may access your serial numbers. Chesnet PC may also monitor or record Chesnet PC sessions, which could include your telephone call and screen shots of your system, and which may involve the inadvertent collection of your personal information. Chesnet PC will only use this information for quality control purposes, and will only retain it for a limited period of time. Chesnet PC uses a variety of security technologies and procedures to help protect personal information from unauthorized access, use, and disclosure. Chesnet PC sessions may be monitored or recorded for quality control purposes. If potentially illegal, suspicious or dangerous activity is discovered during the course of the Chesnet PC session, Chesnet PC reserves the right to report it to appropriate agencies, including law enforcement. Entire Agreement This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein. Modification This Agreement shall not be modified, amended, canceled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by both of the parties hereto. Waiver. Performance of any obligation required of a party there under may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement. DISCLAIMER OF WARRANTIES YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CHESNET PC DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR COMPUTER PROBLEM. CHESNET PC MAKES NO WARRANTY THAT THE SERVICES WILL MEET USERS´ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Use of Software and Tools Chesnet PC may need to download and/or run software on Your personal computer to help diagnose and resolve Your personal technology problem. Chesnet PC uses several types of software: the first type provides computer system information to Chesnet PC which helps us diagnose and resolve Your personal technology problem, the second type allows Chesnet PC to remotely control Your computer and modify its settings or software, and the third type generally consists of utilities and other tools to improve computer performance and help resolve Your personal technology problem. You acknowledge and agree that use of all Chesnet PC software and third party software and tools (accessed, downloaded or otherwise provided or made available with the Services (collectively "Software") are subject to the license agreements that may appear or be referenced when You access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that we may download and utilize Software from third party web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software. You may use the Chesnet PC software only in connection with the Services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to your computer during the Services after we have completed or terminated the Services. Customer Responsibilities You must cooperate with Chesnet PC and promptly respond to our requests for information and comply with our requests to take actions to resolve Your personal technology problem. You must consent to the downloading and use of Software on Your personal computer and accept all applicable license agreements for the Software. Monitoring of the Services We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You acknowledge and agree that we do retain the right to monitor and record the Services and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves and/or our Users. Please see our Privacy Policy for further details. Registration, Passwords and Security In order to use certain Services, we may require that You register. During the registration process, You may be asked to designate, or we may designate for You, a user name and password. You are responsible for maintaining the confidentiality of any password or account information You receive from Chesnet PC , and are responsible for all activities that occur using that password or other account information. You must notify Chesnet PC immediately upon learning of any unauthorized disclosure or use of Your password or other account information. Chesnet PC has no liability for any unauthorized use of the Services under Your account or on Your computer. Service Availability The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. Use of the Services Your use of the Services is only for personal and noncommercial purposes on Your personal technology, and not for resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of Your personal support technology, or providers of services relating to such technology, to access or use the Services. You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services ("Content") unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) Chesnet PC ´s trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to You in connection with the Services constitute a license and not a transfer of title. Chesnet PC reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from Chesnet PC Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of Chesnet PC Any rights not expressly granted herein are reserved by Chesnet PC Restrictions You shall not: (a) "mirror" any Content on the Site on any other server without Chesnet PC 's prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of Chesnet PC or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form ("SPAM") in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages. Modifications to the Services We reserve the right, for any reason, in our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and we will not be liable to You or to any third party for doing so. Security While we use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information You submit to us will be free from unauthorized intrusion. Submissions All comments, feedback, information (other than your personally identifiable information or billing information) or materials submitted to Chesnet PC ("Submissions") shall be considered non-confidential and Chesnet PC's property. By providing such Submissions to Chesnet PC , You agree to assign to Chesnet PC , at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Chesnet PC shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that You are responsible for the Submissions that You provide, and that You have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Any or all Submissions You provide in connection with the Services may be purged periodically in Chesnet PC´s sole discretion. International Use You agree to comply with all applicable export laws and regulations, including without limitation, those of the United States Department of Commerce. You represent and warrant that You are not on the United States' prohibited party list and not located in or a national resident of any country on the United States' prohibited country list. Proprietary Rights Chesnet PC respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. Chesnet PC is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If You make use of the Services, Software or Content, other than as expressly provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services. COPYRIGHT NOTICE: Copyright © 2011 Chesnet PC , All Rights Reserved. Trademark Information Chesnet PC all Chesnet PC product names, service names, logos, designs, titles, words or phrases are protected under law as the trademarks, service mark or trade names of Chesnet PC , Such trademarks, service marks and trade names may be registered in the United States and internationally. Nothing on the Site should be construed to grant any license or right to use any Chesnet PC marks without the written consent of Chesnet PC , All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of Chesnet PC and its products, or (2) an endorsement of the company or its products by Chesnet PC Links from and to the Site This Site may contain hyperlinks to Web sites that are not controlled by Chesnet PC. Chesnet PC is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites. You may not provide any type of link to the Site without the express written permission of Chesnet PC. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time. Dealings with Third Parties Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that Chesnet PC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by Chesnet PC. TERMINATION CHESNET PC RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, CHESNET PC. WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION Chesnet PC MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES. INDEMNITY YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CHESNET PC , ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS. LIMITATION OF LIABILITY IN NO EVENT SHALL CHESNET PC , ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR PERSONAL COMPUTER AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF Chesnet PC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF CHESNET PC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US $89.00. Applicable Law; Arbitration; Jurisdiction You agree that the laws of the state of Pennsylvania, excluding its conflicts-of-law rules, shall govern these Terms. Except for actions for injunctive relief to protect Chesnet PC´s intellectual property, any dispute arising out of the Services shall be subject to binding arbitration in San Mateo County, Pennsylvania. Such arbitration shall be conducted by a single arbitrator under the then current rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms may be joined with an arbitration involving any other party subject to these Terms through class arbitration proceedings or otherwise. In the event Chesnet PC seeks injunctive relief against You for breach of its intellectual property rights, You expressly agree that exclusive jurisdiction for any claim or dispute with Chesnet PC or relating in any way to Your use of the Services resides in the state and federal courts of Lancaster County, Pennsylvania, and You further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Lancaster County, Pennsylvania, in connection with any such dispute and including any claim involving Chesnet PC You agree that, not withstanding any statute of limitations or other law which provides otherwise, any claim or cause of action arising out of or relating to the Services, these Terms or the Site must be filed within one (1) year after such claim or action arose or be forever barred. Electronic Communications The information communicated on this Site constitutes an electronic communication. When You communicate with us through the Site or other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. Notices and communications to Chesnet PC must be sent to the applicable address given in these Terms or to support@chesnet.us General Information This version of the Terms is effective as of May,16 2011. You should check these Terms periodically for modifications as we may modify the Terms from time to time without notice to You. By using the Services following any modifications to the Terms, You agree to be bound by such modifications. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and Chesnet PC and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and Chesnet PC The failure of Chesnet PC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of Your rights or obligations under the Terms without Chesnet PC's express written consent. The Terms inure to the benefit of Chesnet PC's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect. 5. TERM AND TERMINATION. Unless otherwise specifically provided by Licensor in a written agreement (in which case such specified term shall apply), the term of this Agreement is thirty (30) days. This Agreement shall immediately terminate upon Licensee's breach of the Agreement. All provisions except Section 2 shall survive termination. Upon termination, Licensee shall immediately cease all use of the Software Product and return or destroy all copies of the Software Product and all portions thereof. Termination is not an exclusive remedy and all other remedies will be available whether or not this Agreement is terminated. 6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL CHESNET PC , ITS SUPPLIERS OR LICENSOR BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY ERROR, OMISSION, DEFECT, DEFICIENCY OR NON-CONFORMITY IN THE SOFTWARE PRODUCT OR FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING GOOD FAITH OR REASONABLE CARE, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY INDIRECT, INCIDENTAL, COVER, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON THE SOFTWARE PRODUCT AND DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. FURTHER, AND NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NEITHER CHESNETPC , ITS SUPPLIERS OR LICENSOR SHALL BE LIABLE OR OBLIGATED TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNTS IN EXCESS OF THE GREATER OF (I) THE AGGREGATE OF THE FEES PAID TO LICENSOR BY LICENSEE, OR (II) US$100. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO LICENSEE. 7. GENERAL PROVISIONS. 7.1 Remedies and Legal Actions. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any rights, and the obligations of the party with respect to such future performance shall continue in full force and effect. The remedies under this Agreement shall be cumulative and not alternative and the election of one remedy for a breach shall not preclude pursuit of other remedies unless as expressly provided in this Agreement. This Agreement shall be governed in all respects by the substantive laws of the State of Pennsylvania, United States of America (excluding conflict of laws rules) as applied to agreements entered into and to be performed entirely within the State of Pennsylvania between Pennsylvania residents, without regard to the U.N. Convention on Contracts for the International Sale of Goods. Any dispute regarding this Agreement involving Chesnet PC , shall be subject to the exclusive jurisdiction of the Pennsylvania state courts in and for San Mateo County, Pennsylvania or, if there is federal jurisdiction, the United States District Court for the Central District of Pennsylvania, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts. The substantially prevailing party in any legal action brought by one party against the other and arising out of this Agreement will be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees. Chesnet PC , is an express third party beneficiary of this Agreement and can enforce this Agreement as if a party hereto. such covenant shall be interpreted to extend only for the longest period of time and to otherwise have the broadest application as shall be enforceable. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, which shall continue in full force and effect. 7.6 Entire Agreement; Conflict. This Agreement constitutes the complete, final and exclusive statement of the terms of the Agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions of the parties. No modification or rescission of this Agreement shall be binding unless executed in writing by an authorized person of the party to be bound thereby. Any different or additional terms of any related purchase order, confirmation, invoice, or similar form shall have no force or effect. 7.7 Assignment. You may not assign this Agreement without the prior written consent of Licensor and Chesnet PC COPYRIGHT NOTICE: Copyright © 2011 Chesnet PC , All Rights Reserved.

If you do not agree Cancel and service will not be performed.