Agreement of Service Provision

by Xform Computing to Registered Users of the Service Designated as AlwaysOnPC (accessible via connection to http://www.alwaysonpc.com).

1. Your relationship with Xform Computing
1.1 Your use of Xform Computing’s products, software, services and web sites (hereinafter referred to as the “Services”) is subject to the terms and conditions of this agreement (hereinafter "Agreement") between you and Xform Computing. “Xform Computing” means Xform Computing LLC, whose principal place of business is at 266 Mobile Avenue, Camarillo, CA 93010, USA.

1.2 Unless otherwise agreed in writing with Xform Computing, your agreement with Xform Computing includes, but is not limited to, the terms and conditions set out in this document (see section 1.3).

2. Accepting the Agreement
2.1 In order to use the Services, you must first agree to the terms and conditions in this Agreement. You may not use the Services if you do not accept the Agreement.

2.2 You can accept the Agreement by:
(A) clicking to accept or agree to the Agreement, where this option is made available to you by Xform Computing in the user interface for our principal or any adjunct Service; or
(B) by actually using the Services. In this case, you understand and agree that your use of the Services will be considered as acceptance of the Agreement.

3. Language of the Agreement
3.1 Where Xform Computing has provided you with a translation of the English language version of the Agreement, then you agree that the translation is provided for your convenience only and that the English language versions of the Agreement will govern your relationship with Xform Computing.

3.2 If there is any contradiction between what the English language version of the Agreement says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by Xform Computing
4.1 Services provisioned by Xform Computing provide user access to various software products, programs, embedded services and utilities. By using Xform Computing services such as AlwaysOnPC, you agree with the particular terms of use or license of these software products, programs or utilities, as described below.
You agree with the following license and terms of use with regard to the access and use of certain open source systems, components and applications made available on AlwaysOnPC:

Gnu General Public License version 2 Gnu Library General Public License version 2 Gnu Lesser General Public License version 2.1 XFree86 License Mozilla Public License 1.1 Adobe FlashPlayer Firefox plugin by Adobe Systems Sun Java Runtime Environment Firefox plugin by Sun Microsystems Binary Code License Agreement by Sun Microsystems

4.2 Xform Computing is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the forms and functions of the Services which Xform Computing provides may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you acknowledge and agree that Xform Computing may discontinue providing the Services (or any features within the Services) to you at Xform Computing’s sole discretion, without prior notice to you.

4.4 You acknowledge and agree that if Xform Computing disables access to your account for any reason, you may be prevented from accessing the Services, your account information or any files or other content which is contained in your account.

5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide additional information about yourself (such as identification, contact and/or payment details) as part of the registration process for those Services, or as part of your continued use of the Services. You agree that any registration information you give to Xform Computing will always be accurate and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or generally accepted practices in the relevant jurisdictions (including any regulations regarding the export of data or software to and from the United States or other relevant countries).

5.3 You agree not to access, or attempt to access, any of the Services by any means other than through the interface that is provided by Xform Computing. You specifically agree not to access, or attempt to access any of the Services through any automated means (including use of scripts or web crawlers).

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services, or the servers and networks which are connected to, and/or used to provision, the Services.

5.5 Unless you have been specifically permitted to do so in a separate agreement with Xform Computing, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services or any component thereof for any purpose.

5.6 You agree that you are solely responsible, and that Xform Computing has no responsibility to you or to any third party, for any breach of your obligations under the Agreement and for the consequences including any loss or damage which Xform Computing or any third party may suffer as a result of any such breach.

6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to Xform Computing for all activities that occur under access and operation from your account.

6.3 If you become aware of any unauthorized use of your password or your account, you agree to notify Xform Computing immediately at http://www.xformcomputing.com/support, or by sending email to support@xformcomputing.com.

7. Privacy and your personal information
7.1 For information about Xform Computing’s data protection practices, please read Xform Computing’s privacy policy at http://www.xformcomputing.com/privacy.html. This policy explains how Xform Computing treats your personal information, and protects your privacy, when you use the Services.

7.2 You agree to the use of your data in accordance with Xform Computing’s privacy policies.

8. Content Included in or Accessible via the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content (hereinafter referred to as "Content") originated.

8.2 You should be aware that any Content presented to you as part of the Services, may be protected by intellectual property rights or copyrights which are owned by the sponsors who provide that Content to Xform Computing (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content.

8.3 Xform Computing reserves the right to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

8.5 You agree that you are solely responsible, and that Xform Computing has no responsibility to you or to any third party, for any Content that you create, transmit or display while using the Services and for the consequences of any such creation or distribution thereof, including any loss or damage which Xform Computing may suffer as a result thereof.

9. Proprietary rights
9.1 Nothing in the Agreement gives you a right to use any of Xform Computing’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

9.4 Other than the limited license set forth in Section 11, Xform Computing acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under this Agreement in or to any Content that you submit, post, or transmit on or through the Services, including any intellectual property rights which exist therein.

9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service or any third party provisioned services.

10. License from Xform Computing
10.1 Xform Computing gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software (hereinafter the "Software") provided to you by Xform Computing as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Xform Computing, in the manner permitted by this Agreement.

10.2 You may not assign, or grant a sub-license of, your rights to use the Service or the Software, grant a security interest in or over your rights to use same, or otherwise transfer any part of your rights to use same.

11. Software updates
11.1 The Software which you use may automatically download and install updates from time to time from Xform Computing. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as a condition of your use of the Services.

12. Ending your relationship with Xform Computing
12.1 The Agreement will continue to apply until terminated by either you or Xform Computing as set out below.

12.2 If you want to terminate your legal agreement with Xform Computing, you may do so by (a) notifying Xform Computing at any time, and (b) closing your accounts for any and all of the Services.

12.3 Xform Computing may at any time, terminate its legal agreement with you if:
(a) you have breached any provision of the Agreement, or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement; or
(b) Xform Computing is required to do so by law - for example, where the provision of the Services to you is, or becomes, unlawful; or
(c) the partner with whom Xform Computing offered the Services to you has terminated its relationship with Xform Computing or ceased to offer the Services to you; or
(d) Xform Computing is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(e) the provision of the Services to you by Xform Computing is, in Xform Computing’s opinion, no longer viable.

12.4 Nothing in this Section shall affect Xform Computing’s rights regarding provision of Services under Section 4 of the Agreement.

14. EXCLUSION OF WARRANTIES
14.1 XFORM COMPUTING EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XFORM COMPUTING OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT XFORM COMPUTING, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH XFORM COMPUTING MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE XFORM COMPUTING WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

15.2 THE LIMITATIONS ON XFORM COMPUTING’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT XFORM COMPUTING HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

16. Advertisements
16.1 Some of the Services may be supported by advertising and may display advertisements and other promotions. These advertisements and promotions may be targeted to the content of information stored on the Services, queries made through the Services or other information.

16.2 The manner, mode and extent of advertising by Xform Computing on the Services are subject to change without specific notice to you.

16.3 In consideration for Xform Computing granting you access to and use of the Services, you agree that Xform Computing may place such advertising on the Services at its sole discretion.

17. Other content
17.1 The Services may include hyperlinks to other web sites or content or resources. Xform Computing may have no control over any web sites or resources which are provided by companies or persons other than Xform Computing.

17.2 You acknowledge and agree that Xform Computing is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

17.3 You acknowledge and agree that Xform Computing is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

18. Changes to the Agreement
18.1 Xform Computing may make changes to the Agreement or Additional Agreements from time to time. When these changes are made, Xform Computing will make a new copy of the Agreement available here and at http://www.xformcomputing.com/services/termsandconditions and any new adjunct Agreement will be made available to you from within, or through, any affected Services.

18.2 You understand and agree that if you use the Services after the date on which the Agreement has changed, Xform Computing will treat your use as acceptance of the terms and conditions included in the modified Agreement.