Please read the Terms of Use carefully before accessing or using this Site.

AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to the Aqua Connect web site located at www.AquaConnect.net, and all associated sites linked to www.AquaConnect.net by Aqua Connect, its subsidiaries and affiliates, including Aqua Connect sites around the world (collectively, the “Site”). The Site is the property of Aqua Connect, LLC (“Aqua Connect”) and its licensors.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Aqua Connect reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Aqua Connect grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.

SERVICES AND MATERIALS

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, information, data, documents, white papers, datasheets, press releases, files, communications, downloads, and software (collectively, “Materials”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Materials, contained on the Site is owned, controlled or licensed by or to Aqua Connect, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All services and resources offered or enabled via the Site by Aqua Connect and users of this Site, including download areas, developer tools services, product and other information services and communications services (collectively, “Services”), including but not limited to bulletin boards, calendars, chat areas, communities, e-mail, and forums contained on the Site is owned, controlled or licensed by or to Aqua Connect, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Aqua Connect’s express prior written consent. You may use information on Aqua Connect products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Aqua Connect for downloading from the Site, provided that you

(1) not remove any proprietary notice language in all copies of such documents,

(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,

(3) make no modifications to any such information, and

(4) not make any additional representations or warranties relating to such documents.

USE OF SITE AND SERVICES

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not: Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others. Use or attempt to gain access to or use another’s account, password, Service, Materials or computer systems or networks connected to any Aqua Connect server or to the Site without authorization from Aqua Connect, whether through hacking, password mining or any other means. Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material. Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services. Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials. Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party. Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites. Transmit unsolicited or bulk communications to any Aqua Connect account holder or to any AquaConnect.net or affiliated e-mail address. Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms. Create a false identity for the purpose of misleading others. Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner. Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services. Breach any guidelines or other codes of conduct applicable to a particular Service or Materials. Access or use the Site in any manner that could damage, disable, overburden or impair any Aqua Connect server or the network(s) connected to any Aqua Connect server. Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use. Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable. Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party. Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise). Violate the rights of Aqua Connect or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another. Use any Aqua Connect domain name as a pseudonymous return e-mail address. Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Aqua Connect. When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials, in addition to the Terms of Use. Materials and Services provided by third parties (collectively, the “Third-Party Services”) are governed by separate agreements accompanying such Materials and Services. Aqua Connect offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, Aqua Connect Materials, Aqua Connect provided Services or another Third-Party Service. You agree that you will not hold Aqua Connect responsible or liable with respect to the Third-Party Services.

ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Site may require you to open an account (including setting up an Aqua Connect ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Aqua Connect immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Aqua Connect or any other user of or visitor to the Site due to someone else using your Aqua Connect ID, password or account. You may not use anyone else’s Aqua Connect ID, password or account at any time without the express permission and consent of the holder of that Aqua Connect ID, password or account. Aqua Connect cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

USE OF SOFTWARE

Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Site (collectively, “Software”) are the copyrighted and patented work of Aqua Connect or its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. You will not be able to use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Absent a license agreement that accompanies the Software, use of the Software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. The Software is made available solely in accordance with the license agreement. Without limiting the foregoing, unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

USE OF AQUA CONNECT MATERIALS AND USER CONTENT

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Aqua Connect Materials and User Content available on this Site subject to the following conditions: The Aqua Connect Materials and User Content may be accessed and used solely for personal business, informational, non-commercial and internal purposes. The Aqua Connect Materials and User Content may not be modified or altered in any way. The Aqua Connect Materials and User Content on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others. You may not remove any copyright or other proprietary notices contained in the Aqua Connect Materials and User Content. You may not copy or distribute any graphics in the Aqua Connect Materials or User Content apart from their accompanying text. You will not quote or display Aqua Connect Materials or User Content, or any portions thereof, out of context. Aqua Connect reserves the right to revoke the authorization to view, download and print the Aqua Connect Materials and User Content available via this Site at any time, and any such use shall be discontinued immediately upon notice from Aqua Connect. The rights granted to you constitute a license and not a transfer of title. Aqua Connect Materials and User Content comprised of Software are subject to the additional provisions governing Software set forth herein. Any Aqua Connect Materials or User Content made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement. Any Aqua Connect Materials or User Content acquired upon your execution of a required separate agreement shall be provided with the additional rights and obligations set forth in that agreement, and your rights to such Aqua Connect Materials or User Content shall immediately terminate if you fail to meet your obligations under or otherwise comply with such agreement or the terms and conditions of the Terms of Use.

LINKS TO OTHER SITES AND TO AQUACONNECT.NET

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Aqua Connect’s control, and Aqua Connect is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

WARRANTIES AND DISCLAIMERS

THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY AQUA CONNECT UNDER THESE TERMS OF USE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AQUA CONNECT MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. AQUA CONNECT MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND AQUA CONNECT MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT: (i) AQUA CONNECT DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) AQUA CONNECT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) AQUA CONNECT SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES. AQUA CONNECT DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED AQUA CONNECT SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF AQUA CONNECT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQUA CONNECT WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. AQUA CONNECT ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS. THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. AQUA CONNECT ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AQUA CONNECT OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AQUA CONNECT WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

INTERNATIONAL USERS

This Site can be accessed from countries around the world and may contain references to Aqua Connect products, services and programs that are not available in your country. These references do not imply that Aqua Connect intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Aqua Connect from its offices within the United States of America. Aqua Connect makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws below for further information.

LIMITATION OF LIABILITY

IN NO EVENT SHALL AQUA CONNECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF AQUA CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH:

(1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS;

(2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS;

(3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES;

(4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA;

(5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED;

(6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT;

(7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED;

(8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR

(9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold Aqua Connect, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Aqua Connect by any third party due to or arising out of or in connection with your use of the Site.

VIOLATION OF THESE TERMS OF USE

Aqua Connect may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Aqua Connect’s rights or property, or the rights or property of visitors to or users of the Site, including Aqua Connect’s customers. Aqua Connect reserves the right at all times to disclose any information that Aqua Connect deems necessary to comply with any applicable law, regulation, legal process or governmental request. Aqua Connect also may disclose your information when Aqua Connect determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Aqua Connect may preserve any transmittal or communication by you with Aqua Connect through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Aqua Connect determines that such preservation or disclosure is reasonably necessary to

(1) comply with legal process,

(2) enforce these Terms of Use,

(3) respond to claims that any such data violates the rights of others, or

(4) protect the rights, property or personal safety of Aqua Connect, its employees, users of or visitors to the Site, and the public.

You agree that Aqua Connect may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Aqua Connect, for which monetary damages would be inadequate, and you consent to Aqua Connect obtaining any injunctive or equitable relief that Aqua Connect deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Aqua Connect may have at law or in equity. You agree that Aqua Connect may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to)

(1) requests by law enforcement or other government agencies,

(2) a request by you (self-initiated account deletions),

(3) discontinuance or material modification of the Site or any service offered on or through the Site, or

(4) unexpected technical issues or problems. If Aqua Connect does take any legal action against you as a result of your violation of these Terms of Use, Aqua Connect will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Aqua Connect. You agree that Aqua Connect will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Aqua Connect and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS

The export and re-export of Aqua Connect Software are controlled by the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. All Aqua Connect Software, products and publications are commercial in nature. The Software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other users pursuant to the Terms of Use and the applicable license agreement.