THIS AGREEMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU (HEREAFTER,REFERRED TO AS "LICENSEE") MAY USE ANY MATERIALS, INCLUDING, BUT NOT LIMITED, TO ANY COMPUTER SOFTWARE (IN OBJECT CODE AND SOURCE CODE FORM), SCRIPT, PROGRAMMING CODE, OR DATA DEVELOPED OR PROVIDED BY AITG OR ITS SUPPLIERS UNDER THIS AGREEMENT, AND ANY TRADE SECRETS, KNOW-HOW, METHODOLOGIES AND PROCESSES RELATED TO AITG'S PRODUCTS OR SERVICES (COLLECTIVELY "SOFTWARE") THAT AITG INC. (HEREAFTER, REFERRED TO AS "AITG") IS FURNISHING OR MAKING AVAILABLE TO YOU WITH THIS AGREEMENT. PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AND YOUR COMPANY (COLLECTIVELY, "YOU") ARE ACCEPTING AND AGREEING WITH THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

1. PROPRIETARY RIGHTS OF AITG. The Software shall remain the sole and exclusive property of AITG or its suppliers, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto. To the extent, if any, that ownership of the Software does not automatically vest in AITG by virtue of this Agreement or otherwise, Licensee hereby transfers and assigns to AITG all rights, title and interest which Licensee may have in and to the Software.

2. GRANT OF LICENSE--AITG. AITG hereby grants to Licensee a perpetual, non-exclusive, nontransferable license to make use of the Software. AITG hereby reserves for itself all rights in and to the Software not expressly granted to Licensee in the immediately foregoing sentence. In no event shall Licensee use any trademarks or service marks of AITG without AITG's prior written consent. Unless otherwise agreed to in writing by AITG, the use, transfer or attempted transfer of the Software by Licensee or by another with knowledge of Licensee for any purpose not expressly permitted by this Agreement shall automatically terminate the foregoing license.

3. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. We warrant that the Software will substantially operate as described in the applicable program documentation for 1 year after it is installed on your website. The Software is provided "as is" and these warranties do not guarantee that the Software will perform error-free or uninterrupted, or that we will correct all program errors. These warranties are exclusive and take the place of all other express or implied warranties or conditions including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose. If we cannot substantially correct a breach of our warranties, in a commercially reasonable manner, you may end your program license and recover the license fees or technical support fees paid to us under this license agreement, as applicable. This is your exclusive remedy.

4. TERM. The license is effective until terminated. The Licensee may terminate it at any time by deleting the Software together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. Licensee agrees upon such termination to delete the Software together with all copies, modifications and merged portions in any form.

5. LIMITED LIABILITY. Under no circumstances, including negligence, shall AITG, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to Licensee for any indirect, incidental, special, or consequential, or punitive damages. AITG, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder shall not be liable to Licensee for any loss or damages that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to AITG's records, programs or services. Furthermore, AITG shall have no responsibility whatsoever to Licensee for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Notwithstanding anything to the contrary in this Agreement, Licensee's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Licensee paid during the twelve (12) months immediately preceding the claim or the term of this Agreement, whichever is less.

6. VIRGINIA LAW. This Agreement shall be governed in all respects by the laws of the Commonwealth of Virginia without regard to its conflict of laws provisions, and Licensee and AITG agree that the sole venue and jurisdiction for disputes arising from this Agreement shall be, in state court, the 31st Judicial Circuit of the Commonwealth of Virginia (Prince William County) and, in federal court, the United States District Court for the Eastern District of Virginia (Alexandria Division), and Licensee and Host hereby submit to the jurisdiction of such courts.

7. SURVIVAL. All provisions of this Agreement relating to warranties, confidentiality, non-disclosure, proprietary rights, limitation of liability, Licensee indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

8. WAIVER. The waiver of failure of either Party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder.

By using or copying this Software, Licensee agrees to abide by theis Agreement.

Copyright (c) 1998-2005 AITG Inc.