Legal Notices and Terms of Use

Welcome to the DifferentBits.com (”Different Bits”) Web site (the “Web Site”). Please review the following notices, terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these notices, terms and conditions (the “Terms”). If you do not agree with these Terms, please do not use this Web Site.

GENERAL USE PROVISIONS

All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (”Materials”), are provided either by Different Bits or by third party manufacturers, authors, developers and vendors (”Third Party Providers”) and are the copyrighted work of Different Bits and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Different Bits. Also, you may not “mirror” any Materials contained on this Web Site on any other server without Different Bits’s prior express written permission.

Except where expressly provided otherwise by Different Bits, nothing on this Web Site shall be construed to confer any license offer for license or sale under any of Different Bits’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Different Bits and as such, Different Bits makes no warranty with respect to its contents. Different Bits does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Different Bits.

Different Bits hereby grants you permission to display, copy, distribute and download Different Bits’s Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.

Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

LINKS TO THIRD PARTY SITES

This Web site may contain links to web sites controlled by parties other than Different Bits. Different Bits is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Different Bits is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Different Bits of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

SOFTWARE USE RESTRICTIONS

Any software that may be made available to download from this Web Site (”Software”) is the copyrighted work of Different Bits. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software (”License Agreement”). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. 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. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, DIFFERENT BITS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

RESTRICTED RIGHTS LEGEND

Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities (”U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs ©(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is DifferentBits.com, Roddam 47 bus B1, 2880 Bornem, Belgium.

SUBMISSIONS

Except where expressly provided otherwise by Different Bits, all comments, feedback, information or materials submitted to Different Bits through or in association with this Web Site (”Submissions”) shall be considered non-confidential and Different Bits’s property. By providing such Submissions to Different Bits, you agree to assign to Different Bits, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Different Bits 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, not Different Bits, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

DISCLAIMER

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY DIFFERENT BITS, THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS” AND DIFFERENT BITS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. DIFFERENT BITS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.

LIMITATION OF LIABILITY

DIFFERENT BITS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL DIFFERENT BITS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF DIFFERENT BITS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST DIFFERENT BITS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD DIFFERENT BITS HARMLESS FROM, AND YOU COVENANT NOT TO SUE DIFFERENT BITS FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

GENERAL

This Web Site may include inaccuracies or typographical errors. Different Bits and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. Different Bits may periodically make changes to the Web Site. Any action related to these Terms will be governed by Belgian law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Different Bits has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Different Bits.

INTELLECTUAL PROPERTY NOTICES

Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by Different Bits.

Different Bits, the Different Bits logo and other Different Bits product names referenced herein are trademarks of DifferentBits.com and/or one of its subsidiaries, and may be registered in the United States Patent and Trademark Office and in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners.

DIGITAL MILLENIUM COPYRIGHT ACT NOTICE

Different Bits respects the intellectual property rights of others. Different Bits may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.

If you believe your work has been copied and is accessible at our web site in a way that constitutes copyright infringement, or that our web site contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millenium Copyright Act, 17 U.S.C. §512.

For notice of claims of copyright infringement on or regarding our web site we can be reached as follows:

By Mail:

• DifferentBits.com
• Gerd Van Zegbroeck
• Roddam 47 bus B1

• 2880 Bornem - Belgium

By Telephone:

1. +32-3-296-2231

By Facsimile:

1. +32-3-296-2232

LEGAL CONTACT INFORMATION

If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the DifferentBits.com at +32-3-296-2231 or send us an e-mail.

© 2009 DifferentBits.com, Roddam 47 bus B1, 2880 Bornem, Belgium. All rights reserved.