TERMS AND CONDITIONS

1. LICENSE GRANT AND LIMITATIONS. iCalShare grants you the following rights:

(a) Services. Subject to the terms and conditions of this Agreement, iCalShare grants to you a non-exclusive, non-transferable license (i) to use the Services for your sole and personal, non-commercial benefit.

(b) Restrictions. Except as expressly provided in this Agreement, and except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, you may not and shall not permit any person or entity to:

(i) copy links to any iCalendar file on iCalShare without express permission.

(ii) alter, translate, adapt, modify, reverse engineer, decompile or disassemble the Services or any component of the Services;

You acquire absolutely no rights or licenses to the Services other than the limited right to use the Services in accordance with the terms and conditions of this Agreement. All other use is strictly prohibited.

2. CONFORMANCE WITH LAW. You agree to use the Services for lawful purposes only and in a manner consistent with all applicable local, provincial, state, national or international laws, rules and regulations.

3. CONFIDENTIALITY. The Services embodies confidential information and valuable trade secrets of iCalShare and its licensors. You agree to maintain the confidentiality of all confidential and proprietary information of iCalShare and its business, including the Services, and not to release, disclose or divulge any such or proprietary confidential information. You will take all reasonable steps to ensure that confidential or proprietary information of iCalShare and its business is not disclosed or distributed in violation of the terms of this Agreement.

4. PRIVACY, SECURITY & VIRUSES. The information provided to us to create a iCalShare accounts, as well as certain other information, is subject to iCalShare's Privacy Policy (www.icalshare.com/about.php?section=privacy), which applies to you as an End User. In addition, please be aware that because of the insecure nature of the Internet, privacy in communications cannot be guaranteed. While reasonable commercial efforts to include security features in the Services to protect the identities and the information transmitted using the Services have been taken by iCalShare, the associated risks must be considered before transmitting confidential, personal or other information with the Services. iCalShare may at times send emails to one or more email addresses provided by you or End Users? to iCalShare as a part of creating a iCalShare account or using other associated iCalShare Services. All email communications from iCalShare will include an opt-out link that, when clicked, will discontinue future emails of that nature.

However, due to the nature of the Services offered through iCalShare, and specifically the publication and sharing of calendar information, you are acknowledging and agreeing that any and all information provided in calendar form or otherwise through the Services may be viewed by anyone, and that others may gather and/or use that published and shared information for their own purposes. The Services do not, however, contain any "spyware" and so we will not intentionally collect personal information from your computer system.

You also acknowledge and agree that due to the nature of the Services, your computer system may be susceptible to viruses. While we urge you to regularly update and run an anti-virus program on your computer system, iCalShare disclaims any and all responsibility and liability for any viruses that may infect your computer system while using the Services.

We will not condone, under any circumstances, the use of any of our Services by any End User for the purposes of spamming people with invitations. If we learn that any End User is conducting such activities, we reserve the right to terminate their subscription agreement at any time without notice.

5. COPYRIGHT AND TRADEMARKS. The Services are proprietary to iCalShare and its licensors. The Services is protected by copyright and other intellectual property laws. All right, title and interest, including all copyright and other intellectual property rights, in and to the Services, are owned by iCalShare or its licensors. All rights not expressly granted in this Agreement are reserved to iCalShare. Nothing in this Agreement shall be construed as a license to use any trademark, trade-name, design mark, logo, emblem or other distinctive mark, whether registered or not, of iCalShare or its licensors (collectively, the "Marks") and you acknowledge that you acquire no right, title or interest in or to any of the Marks and you shall not in any manner represent that you have any ownership interest in the Marks or dispute or contest for any reason whatsoever, directly or indirectly, the validity of the ownership of the Marks, nor directly or indirectly attempt to dilute the value of the goodwill attached to the Marks, nor counsel anyone to do any of the foregoing during or after the termination of this Agreement. You will not remove or change any trademark, copyright or other intellectual property notices contained in the Services or any component of the Services.

6. DISCLAIMER AND LIMITATION OF LIABILITY

(a) NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ICALSHARE AND ITS LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES, ARE ACCURATE, OR ERROR FREE OR THAT ERRORS WILL BE CORRECTED OR THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION AND WITHOUT POSSIBLE SECURITY LAPSES. THE USE OR PERFORMANCE OF THE SERVICES IS AT YOUR OWN RISK AND AT THE RISK OF ANY END-USERS. (b) LIMITATION OF LIABILITY. YOU ACKNOWLEDGE THAT YOU ARE RECEIVING THE SERVICES UNDER THIS AGREEMENT FREE OF CHARGE AND ACCORDINGLY ICALSHARE, AND ITS LICENSORS WILL HAVE NO LIABILITY EITHER TO YOU OR ANY END-USER FOR DAMAGES, COSTS OR OTHER CLAIMS RELATING TO THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ICALSHARE OR ITS LICENSORS BE LIABLE FOR:

(i) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR

(ii) DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT, THE USE OF THE SERVICES, THE ABILITY OR INABILITY OF THE SERVICES TO ACCESS OR BE USED TOGETHER OR WITH ANY OTHER SOFTWARE OR ANY ELECTRONIC DEVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, INCLUDING SUPPORT SERVICES FOR THE SERVICES, EVEN IF ICALSHARE, AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ICALSHARE AND ITS LICENSORS ARISING IN ANY MANNER UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO $1.00. SOME JURISDICTIONS DO NOT ALLOW OR PLACE LIMITATIONS UPON THE EXCLUSION OR LIMITATION OF LIABILITY AND, ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(c) SCOPE OF LIMITATION AND DISCLAIMER. THE FOREGOING LIMITATIONS AND DISCLAIMERS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS, STRICT LIABILITY, BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM, PRODUCT LIABILITY OR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET, TRADE-MARK OR OTHER INTELLECTUAL PROPERTY RIGHT.

7. TERM AND TERMINATION. This Agreement is effective from the earlier of the date you click "Accept", use the Services and continues in full force and effect until terminated, as provided below. This Agreement will terminate immediately if you fail to comply with any term or condition of this Agreement. Termination of this Agreement will not prevent iCalShare from pursuing any other remedies available to it, including injunctive relief.

8. The official language of this Agreement is English. It is the express wish of the parties that this Agreement and any related documents be drawn up and executed in English.

9. EXPORT RESTRICTIONS. In addition to the restrictions set out in Section 1(b) of this agreement, you agree that you will not, directly or indirectly, export or transmit or permit the export or transmission of the Services or related documentation and technical data to any country to which such export or transmission is restricted by any applicable law or regulation. You agree to indemnify, defend and hold harmless iCalShare, its officers, directors and employees, from and against any losses, damages and expenses (including lawyers' fees) arising out of or relating to any claims that you or your End Users have, directly or indirectly, exported or transmitted the Services in violation of any applicable export restrictions.

10. U.S. GOVERNMENT RESTRICTED RIGHTS. The Services and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19. Manufacturer is iCalShare

11. MISCELLANEOUS. This Agreement constitutes the entire Agreement between iCalShare and you. Provisions of this Agreement that by their nature continue after termination, including sections 3,4 & 5, will survive termination of this Agreement. The invalidity or unenforceability of any provision of this Agreement or any covenant contained in this Agreement will not affect the validity or enforceability of any other provision or covenant contained in this Agreement and any such invalid or unenforceable provision or covenant will be deemed to be severable. This Agreement will be governed by, and construed in accordance with, the laws of the State of California and the laws of the United States applicable in the State of California and the parties irrevocably attorn to the non-exclusive jurisdiction of the courts of the State of California. You agree that this Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You may not assign this agreement or otherwise transfer the benefit of this agreement or a right or remedy under it, without the prior written consent of iCalShare.