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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

ACCEPTANCE OF TERMS.

Through its network of Web properties, Common Need, Inc. (aka. "CommonNeed") provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Use ("TOU").

CommonNeed reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION.

Because like you, we are Internet users concerned about privacy, we also are concerned about your right to privacy while accessing any of our Web properties and using the Services. Please take the opportunity to review our Privacy Policy. The most current version of the Privacy Policy can be reviewed by clicking on the "Privacy" hypertext link located at the bottom of our Web pages.

CONFIDENTIALITY OF USER COMMUNICATIONS.

We welcome your comments and suggestions. We will use reasonable efforts to keep any communication or material you transmit to us via the Site or Internet electronic mail which contains personal user information confidential, except as required by law or as otherwise specifically agreed. Please read CommonNeed's Privacy Policy.

Any Content that you upload or otherwise make available ("User Content") to CommonNeed, is and remains your sole property or the property of your licensors. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted CommonNeed, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose. You also permit any other user of CommonNeed with access to that content, subject to your restrictions, to access, view, store, and reproduce the User Content to the same extent permitted herein.

REGISTRATION OBLIGATIONS AND ACCOUNT SECURITY.

In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being "Your Data"), and (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CommonNeed has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CommonNeed has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.

To use the Services, you will need to register with CommonNeed and obtain an account and password. The information you provide CommonNeed during the registration process will help us in offering content, customer service, and network management. You shall (1) be responsible for compliance with this Agreement, (2) be solely responsible for the accuracy, quality, integrity and legality of Your Data and of the means by which You acquired Your Data, (3) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the User Guide and applicable laws and government regulations. You shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks. You may not transfer your account(s) to another person. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse. In the event that you are a minor, CommonNeed reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult's request. For additional information on how we use your information, please see our Privacy Policy. Your obligations with respect to registration are described below.

Presently, CommonNeed does not officially adhere to the U.S.-European Union Safe Harbor Framework privacy principles though our Privacy Policy is equally protective. Therefore, if you reside in the European Union, upon registration you will be indicating your explicit consent that the personal information you have provided may be transferred and stored in countries outside the EU, including the United States. If you fail to provide your consent, you will not be permitted to access the Services for which registration is required. Your personal information shall only be used in accordance with CommonNeed's Privacy Policy.

You will receive a password and account designations upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user identification, and are fully responsible for all activities that occur under your password or user identification. You agree to (a) notify CommonNeed of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session. CommonNeed cannot and will not be responsible for any loss or damage arising from your failure to comply with this section.

SOFTWARE AVAILABLE ON THIS SITE.

Any software that is made available to download from the Services ("Software") is the copyrighted work of CommonNeed and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

AVAILABILITY OF PRODUCTS AND SERVICES/ELIGIBILITY.

Not all of the products or services described on the Site are necessarily available at all times or in all geographic areas. You may not be eligible for all the products or services described. We reserve the right to determine eligibility for any product or service. In addition to adhering to these Terms of Use and the CommonNeed Privacy Policy, You will be required to agree to a Developer License Agreement, a Software Publishing Agreement, and an Application Deployment Agreement in order to use certain features of the Site and the CommonNeed Services.

SPAMMING AND ILLEGAL ACTIVITIES.

You may only access the CommonNeed websites and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not: (i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially oor otherwise objectionable User Content; (iii) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (ix) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (x) collect or store personal data about other users; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of CommonNeed.com or the Services or access to CommonNeed websites or the Services; (xii) harm minors in any way; (xiii) stalk or otherwise harass another; or (xiii) collect or store personal information about other users without their permission.

You acknowledge that CommonNeed does not pre-screen User Content, but that CommonNeed shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content. Without limiting the foregoing, CommonNeed has the right to remove any User Content that violates the TOU or is otherwise objectionable. You agree and acknowledge that CommonNeed may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of CommonNeed, its users and the public.

INACTIVE USER ACCOUNTS POLICY

CommonNeed reserves the right to terminate unpaid accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such account will be deleted. CommonNeed will provide you prior notice of such termination and backup of your data by email. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

CONTENT PROVIDED VIA LINKS.

You may find links to other Internet sites or resources on the Site. You acknowledge and agree that CommonNeed is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. CommonNeed will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

INDEMNITY.

You agree to indemnify and hold CommonNeed and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Site (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.

DISCLAIMER OF WARRANTIES.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. COMMONNEED DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMMONNEED MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE.

COMMONNEED MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

LIMITATION OF LIABILITY.

TO THE FULL EXTENT PERMITTED BY LAW, COMMONNEED IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF COMMONNEED HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

INTELLECTUAL PROPERTY RIGHTS

Except as expressly authorized by CommonNeed or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software CommonNeed discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.

"CommonNeed Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations CommonNeed uses in connection with its products and services. You may not remove or alter any CommonNeed Trademarks, or co-brand your own products or material with CommonNeed Trademarks, without CommonNeed's prior written consent. You acknowledge CommonNeed's rights in CommonNeed Trademarks and agree that any use of CommonNeed Trademarks by You shall inure to CommonNeed's sole benefit. You agree not to incorporate any CommonNeed Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

Unless explicitly stated herein, nothing in these TOU shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by CommonNeed on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this TOU. Upon termination, You must immediately destroy any downloaded and/or printed Content.

GENERAL TERMS.

The TOU constitute the entire agreement between You and CommonNeed to their subject matter, and cancel and supersede any prior versions of the TOU. No modification to the TOU will be binding, unless in writing and signed by an authorized CommonNeed representative. You must not assign or otherwise transfer the TOU or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use CommonNeed or third-party products or services.

You agree that any material breach of the TOU will result in irreparable harm to CommonNeed for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, CommonNeed will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if CommonNeed seeks such an injunction.

Commonwealth of Virginia law and controlling U.S. federal law govern any action related to the TOU and/or Your use of the Site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the TOU. You and CommonNeed agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfax, Virginia, U.S.A.

Services, Content, and product derived or obtained from this Site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or your local laws; (b) not use Services, Content, or direct product from this Site to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this Site to prohibited countries and entities identified in the U.S. export regulations.

Rights and obligations under the TOU which by their nature should survive will remain in full effect after termination or expiration of the TOU.

The Site may contain forward-looking statements. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning CommonNeed's roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and CommonNeed's ability to compete in a highly competitive and rapidly changing marketplace.

Any express waiver or failure to exercise promptly any right under the TOU will not create a continuing waiver or any expectation of non-enforcement. If any provision of the TOU is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.