BANDLINK SOFTWARE LICENSE AGREEMENT
This document was last updated Oct. 15, 2002.

This Software License Agreement (the "Agreement") is a legally binding contract between you ("Member") and CD Intelligence, LLC., BANDLINK Services. ("BANDLINK"). By clicking the "I accept" button below and downloading CD Intelligence proprietary distributed computing software (the "Licensed Program"), you acknowledge that you have read and understood this Agreement, and that you agree to and accept all terms and conditions of this Agreement. If you do not agree to these terms, you cannot download the software and must exit the installation procedure.

1. Legal Age. MEMBER hereby affirms that MEMBER is of legal age to enter into this contract.

2. License Grant. Subject to the provisions contained herein, BANDLINK hereby grants to Member a limited, personal, royalty-free, non-exclusive, non-transferable and non-assignable license to install, use, and make a backup copy of the Licensed Program on a computer or computers of which you are an owner or system administrator. This license is provided to Member for the sole purpose of enabling MEMBER access to BANDLINK servers for aggregation and use in distributed computing. Member acknowledges that once the Licensed Program is installed, it will download data from BANDLINK to Member's computer(s) for processing, and acknowledges that such use is authorized by Member. The Licensed Program is licensed, not sold, by BANDLINK and may be used only in a manner authorized by BANDLINK. Member further acknowledges that all right, title, and interest in and to the Licensed Program and Customer/Partner Data, including associated intellectual property rights, are and shall remain with BANDLINK and/or its customers and partners. This license is subject to Member's compliance with all terms of this Agreement.

3. Intellectual Property Rights. Member acknowledges and agrees that both the Licensed Program and any data distributed to Member's computer for processing constitute confidential and proprietary information belonging to BANDLINK and/or its customers and partners ("Customer/Partner Data"), and contain trade secrets and intellectual property protected under United States copyright and other laws, international treaty provisions and laws of other jurisdictions. Member agrees not to remove, obscure, or alter any notice of patent, copyright, trademark, trade secret or other proprietary right in the Licensed Program or Customer/Partner Data. This Agreement does not grant Member any rights in connection with any trademarks or service marks of BANDLINK or its customers and partners.

4. General Terms of Use. Except as expressly authorized in this Agreement, Member agrees not to copy, modify, rent, lease, loan, sell, distribute, translate, decompile, reverse engineer, disassemble, reproduce, remarket or otherwise dispose of the Licensed Program or any part thereof. Member agrees that, subject to the provisions of its Privacy Policy (found on its website, http://www.bandink.com), BANDLINK may collect and monitor certain information regarding the capability of the computer on which you have installed the Licensed Program. Member acknowledges that the Licensed Program may have unintended or unforeseen effects, including without limitation program errors, damage to or loss of data, programs, or equipment, and unavailability or interruption of operations, and that Member assumes the risk of such effects. BANDLINK has no obligation to debug or provide any technical support for the Licensed Program. Except as expressly permitted under this Agreement, duplication of either the Licensed Program or Customer/Partner Data for any purpose is forbidden. Using the Licensed Program or Customer/Partner Data for illegal purposes or in support of illegal activities is strictly prohibited. BANDLINK reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong pertaining to the Licensed Program and Customer/Partner Data, and use thereof. Accessing Customer/Partner Data distributed to your computer is also prohibited, as is any activity which interferes with or compromises in any way BANDLINK's security measures, any other individual or entity's computer or system, or the integrity or processing of Customer/Partner Data distributed to Member's computer via the Licensed Program, and any such conduct may result in legal action against Member by BANDLINK.

5. Term; Termination. This Agreement and the license hereunder shall be effective once Member clicks the "I accept" button below. BANDLINK may terminate this Agreement and access to the Licensed Program at any time, for cause or for no cause, with or without written (including electronic) notice. Upon termination, Member shall uninstall the Licensed Program immediately and cease use, and shall destroy any and all copies of the Licensed Program, Customer/Partner Data, any backup copies of the Licensed Program, and any supporting documentation for the Licensed Program. BANDLINK's right to enforce the provisions of Sections 2, 6, 10, 11, 14 and 15 shall survive termination of this Agreement. Member may terminate this Agreement by uninstalling all copies of the Licensed Program, and by destroying all copies of the Licensed Program, any backup copies of the Licensed Program, any Customer/Partner Data, and any supporting documentation for the Licensed Program.

6. Waiver; Modification. The terms of this Agreement may not be amended or modified by Member. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. BANDLINK reserves the right to modify the provisions of this Agreement at any time. Notice of modifications to this Agreement will be provided by posting the current version of this Agreement on BANDLINK's website (http://www.BANDLINK.com).

7. No Assignment. Member may not assign any rights or delegate any duties under this Agreement, and any such attempted assignment or delegation shall be void.

8. Incorporated Software. The Licensed Program may contain software from one or more third parties. Use of such third party software is subject to the terms and conditions of applicable third party license agreements, if any.

9. Exclusion of Warranties. THE LICENSED PROGRAM IS PROVIDED "AS IS." NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE LICENSED PROGRAM IS GIVEN OR ASSUMED BY BANDLINK, ITS LICENSORS OR ITS AGENTS AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLBANDLINKED, AND ALL INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES ARISING OUT OF USE OF THE LICENSED PROGRAM ARE EXCLBANDLINKED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO ALL MEMBERS.

10. Limitation of Liability. MEMBER'S ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH BANDLINK, ITS LICENSORS OR AGENTS OR THE OPERATION OF THE LICENSED PROGRAM SHALL BE TO UNINSTALL THE LICENSED PROGRAM AND TERMINATE BANDLINK'S RIGHT OF ACCESS TO THE COMPUTER OR COMPUTERS OF WHICH YOU ARE THE OWNER OR SYSTEM ADMINISTRATOR. BANDLINK, ITS LICENSORS , ITS AGENTS CUSTOMERS AND PARTNERS SHALL IN NO EVENT BE LIABLE TO MEMBER FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, USE, IMPROPER USE, OR INABILITY TO USE THE LICENSED PROGRAM AND/OR ANY INFORMATION OBTAINED THROUGH THE USE OF THE LICENSED PROGRAM, EVEN IF BANDLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF BANDLINK ARISING OUT OF ANY CLAIM (INCLUDING TORT CLAIMS) RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE VALUE OF ANY GOODS OR COMPENSATION CONVEYED TO MEMBER FOR DOWNLOADING OF THE LICENSED PROGRAM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO ALL MEMBERS.

11. Indemnity. Member agrees to indemnify BANDLINK and its affiliates, customers and partners against any third-party claims, liabilities, costs, judgments, expenses, or damages, including attorney's fees and expenses, arising from any use by Member of the Licensed Program constituting a breach of this Agreement (including, without limitation, any accessing of, interference with, or corruption of Customer/Partner Data purposefully caused by Member).

12. Export Law Assurances. This software is subject to export controls under the United States Export Administration Act and the regulations thereunder. Member acknowledges that this software is not intended for use by a government end-user, as defined in part 772 of the Export Administration Regulations. Member agrees and certifies that neither the Licensed Program nor any other technical data received from BANDLINK, nor the direct product thereof, will be shipped, transferred, or exported, directly or indirectly, to any country in violation of any applicable law, including the United States Export Administration Act and the regulations thereunder.

13. Third Party Beneficiaries. Member agrees that certain third parties, including, but not limited to, BANDLINK's customers and partners, are direct and intended third party beneficiaries of this Agreement.

14. Applicable Laws and Jurisdiction. This Agreement shall be governed by the substantive laws of the State of Georgia, United States of America, excluding (i) the conflicts of law provisions thereof that would cause the laws of any other jurisdiction to apply, and (ii) the United Nations Convention on Contracts for the International Sale of Goods. For the purposes of any dispute arising under this Agreement, Member expressly and irrevocably consents to the exclusive jurisdiction of the federal and state courts in and for the city and county of BANDLINK's principal place of business on the date that litigation regarding the dispute is initiated.

15. Entire Agreement. The terms of this Agreement constitute the entire agreement between the parties. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected, and a valid provision which most closely approximates the intent of the invalid provision shall be substituted.