Welcome to our website ("Site"). If you continue to browse and use this Site you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Datacolor's relationship with you in relation to this Site. Datacolor reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

Datacolor operates this Site to provide online access to information about Datacolor and the products, services, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement".

Legal Notices
Datacolor AG and all its affiliates and subsidiaries ("DATACOLOR") operates this Site. Copyright © 2010 Datacolor AG. All rights reserved. Datacolor is a trademark of Datacolor AG ("DATACOLOR").

DATACOLOR specifically disclaims any liability, loss, or damage arising out of your use of this Site, its services, and content.

FTC Guides Disclosures
The Federal Trade Commission (FTC) requires that we disclose any material connection we may have with anyone who provides testimonials or comments (endorser) regarding our Site, its products or services (16 CFR, Part 255 - Guides Concerning the Use of Endorsements and Testimonials in Advertising).
• We do not have Material Connections with any endorsers. We do not pay fees or provide free promotional materials or benefits to endorsers.
• We do NOT independently verify, nor do we seek independent verification of claims made by endorsers; however, to the best of our knowledge we believe they are giving their honest opinions.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND CONTRACTUALLY BY THESE TERMS OF USE.

Table of Contents
1. Use of Site
2. Copyright
3. Trademarks
4. Links to Third-Party Web Sites
5. Linking to this Site
6. Downloading Files
7. Software
8. Disclaimer of Warranties
9. Limitation of Liability
10. Indemnification
11. Privacy
12. Additional Terms of Service
13. User Conduct
14. Password Security
15. Beneficiaries of this Agreement
16. Termination
17. Consumer Rights
18. Monitoring
19. Controlling Law
20. Jurisdiction and Venue
21. Arbitration
22. General Provisions

1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about DATACOLOR products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. DATACOLOR reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

The parties to this Agreement are you, a visitor to this web Site ("You"), and the owner and operator of this web Site: DATACOLOR. All references to "us", "we", "this web Site" or "this Site" shall be construed to mean DATACOLOR. If the user is not an individual, then "You" means Your company, its officers, members, agents, successors and assigns.

DATACOLOR grants a non-exclusive, non-transferable, and revocable license to You and provides the services available at this Site to You subject to the following terms and conditions.

This Terms of Use agreement will be expressly incorporated by reference in each and every agreement between You and DATACOLOR, and except for any separate license agreement for software and/or content, this terms of use agreement supersedes any and all prior and existing agreements, whether oral or in writing, between You and DATACOLOR with respect to the subjects addressed herein and constitutes the entire agreement between the parties with respect to those subjects. Except for any separate license agreement for software and/or content, You acknowledge that neither DATACOLOR nor anyone on DATACOLOR's behalf has made any representations, inducements, promises or agreements, orally or otherwise, to You relating to the subjects addressed by this terms of use agreement that are not embodied herein.

You agree (i) not to use this Site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt this Site or any networks connected to this Site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this Site or any transactions being offered at this Site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on DATACOLOR's infrastructure; (v) not to use this Site to collect or harvest personal information, including, without limitation, financial information, about other participants at this Site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this Site.

You shall comply with all applicable laws and regulations of the United States and foreign authorities (including, but not limited to United States trade restriction laws, export laws or license requirements and laws regarding the transmission of technical data, including without limitation encryption, exported from the United States through the services available at this Site) relating to any service, product, or download associated with this Site.

You may acquire software and/or content from DATACOLOR by download from this Site, or otherwise directly from DATACOLOR. You agree that your use of such software and/or content shall be strictly in accordance with the applicable license agreement(s).

Registration may be required for you to download from this Site, or for your participation in certain services offered at this Site. You must provide certain current, complete, and accurate information about You as prompted to do so by the registration form ("Registration Data"), and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that your Registration Data is accurate and current, and that You are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that You provide is untrue, inaccurate, not current or incomplete, DATACOLOR retains the right, in its sole discretion, to suspend or terminate rights to use the services. Registration Data and certain other information about You is subject to our Privacy Policy which may be accessed from our home page. Solely to enable DATACOLOR to use information You supply us internally, so that we are not violating any rights You might have in that information, You grant to DATACOLOR a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by DATACOLOR's computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by DATACOLOR, in each case by any method or means or in any medium whether now known or hereafter devised.

We will not treat information and/or content that you post to our Site as private, or confidential. We have no obligation to monitor posts to this Site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.

This Site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this Site by third parties is limited as described therein. We are not responsible for content or any other information posted to this Site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws,( including but not limited to text, images, audio, programs, etc.) The copyright in all material provided on this Site is owned by DATACOLOR or by DATACOLOR's licensor(s). You acknowledge and agree that this Site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to You through this Site, including text, graphics, logos, icons, images and software are the property of DATACOLOR or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. DATACOLOR does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this Site. Furthermore, except as stated herein, none of the material 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 otherwise, without the prior written permission of DATACOLOR or the copyright owner. However, You may print a copy of the information on this Site for Your personal, non-commercial internal use or records. In so doing, You may not modify the materials and You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions. If You make any other use of this Site, except as otherwise provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.

Copyright Infringement - The Digital Millennium Copyright Act Notice. This Site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As Required by the DMCA, this Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Datacolor Inc
5 Princess Road
08648 Lawrence
Agent's Name/Email Address: Notification, Notification@datacolor.com
Telephone: 770-664-8555
Facsimile: 678-623-9020

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

3. Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of DATACOLOR. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of DATACOLOR. DATACOLOR aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademark DATACOLOR may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. DATACOLOR prohibits use of any of the forgoing names or marks as a metatag or as a "hot" link to any DATACOLOR Site unless establishment of such a link is approved in advance by DATACOLOR in writing. If You have any questions regarding any trademarks on the Site, please contact DATACOLOR.

4. Links to Third-Party Web Sites
Links on the Site to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Your use of such third party Site is on your own initiative and we do not review or control third party websites that link to or from this Site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by DATACOLOR of the third party, the third-party web Site, or the information contained therein. DATACOLOR is not responsible for the availability of any such websites. DATACOLOR is not responsible or liable for any such website or the content thereon. If you use the links to the websites of DATACOLOR affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those websites.

5. Linking to this Site
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use the our logo, our trademark, or our name or trademarks, or other proprietary graphic image in the link without our prior written permission.

6. Downloading Files
Datacolor cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. If you do download files or content for the Site, you understand and agree that You are doing so at your own risk and DATACOLOR shall have no responsibilities for any implications resulting from any such downloading activity.

7. Software
Any software available for download via the Site is the copyrighted work of Datacolor and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

8. Disclaimer of Warranties
THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM DATACOLOR AND ITS INFORMATION PROVIDERS, DATACOLOR AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF DATACOLOR AND DATACOLOR'S AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE AT THIS SITE. WITHOUT LIMITING THE FOREGOING, NONE OF DATACOLOR NOR DATACOLOR'S AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATACOLOR OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. Limitation of Liability
DATACOLOR AND ALL OF DATACOLOR's AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO DATACOLOR, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DATACOLOR'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

10. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Datacolor, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney and accounting fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

11. Privacy
Click here to see Datacolor's Privacy Policy.

12. Additional Terms of Service
If you participate in Datacolor's Tips & Projects Exchange, You agree to review and abide by the policies that govern your use of the program and service.

13. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

Content/Activity Prohibited. You must use this Site, including its Friends of Vision service, in a manner consistent with any and all applicable local laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through this Site, including its Friends of Vision service. DATACOLOR reserves the right to investigate and take appropriate legal action against anyone who, in DATACOLOR's sole discretion, violates this provision, including without limitation, removing the offending Content from the DATACOLOR Site and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of DATACOLOR:
• is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
• solicits personal information from anyone under 18;
• publicly posts information that poses or creates a privacy or security risk to any person;
• constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
• solicits passwords or personal information identifying information for commercial or unlawful purposes from other users;
• involves commercial activities and/or sales without prior written consent from DATACOLOR;
• includes a photograph or video of another person that you have posted without that person's consent; or
• violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the Site and through the use of the DATACOLOR services. DATACOLOR reserves the right to investigate and take appropriate legal action against anyone who, in DATACOLOR's sole discretion, violates this provision, including without limitation, reporting you to local law enforcement authorities. Prohibited activity includes, but is not limited to:
• criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, harassment, stalking, copyright infringement, or theft of trade secrets;
• advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of DATACOLOR services.
• circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of this Site
• forging any TCP/IP packet header or any part of the header information in any posting, or in any way use this Site or any DATACOLOR services to send altered, deceptive, or false source-identifying information;
• activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• interfering with the access of any User, host or network to the Site;
• interfering with, disrupting, or creating an undue burden on DATACOLOR or the networks or services connected to this Site;
• impersonating or attempting to impersonate another user, person or entity;
• using the account, username, or password of another user at any time;
• using any information obtained from this Site, including Friends of Vision in order to harass, abuse, or harm another person or entity, or attempting to do the same;
• accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of this Site on behalf of that person;
• deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;
• using any meta tags or other hidden text or metadata utilizing a DATACOLOR name, trademark, URL or product name without DATACOLOR's express written consent;
• attempting to probe, scan or test the vulnerability of this Site or breach any security or authentication measures;
• collecting or store personal data about other users without their express permission; or
• using this Site in a manner inconsistent with any and all applicable local laws and regulations.

14. Password Security
If you register to become a datacolor.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

15. Beneficiaries of this Agreement
The rights and limitations in this agreement are for the benefit of DATACOLOR and each of DATACOLOR's content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.

16. Termination
You agree that DATACOLOR may, at its sole discretion, deny You access to the Site and disable any user name and password associated with You for any reason, including, without limitation, if DATACOLOR believes that You have violated or acted inconsistently with the letter or spirit of this agreement. DATACOLOR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this Site (or any part thereof) with or without notice. You agree that DATACOLOR shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this Site.

17. Consumer Rights
DATACOLOR maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. You may contact DATACOLOR with complaints and inquiries regarding pricing and DATACOLOR will investigate those matters and respond to the inquiries. All correspondence should be addressed to DATACOLOR's agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Datacolor Inc
5 Princess Road
08648 Lawrence
Agent's Name/Email Address: Notification, Notification@datacolor.com
Telephone: 770-664-8555
Facsimile: 678-623-9020

18. Monitoring
You acknowledge that DATACOLOR or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this Site. DATACOLOR, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which DATACOLOR deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this Site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this Site will be prosecuted to the full extent of the law.

19. Controlling Law
This Agreement shall be construed under the laws of the State of New Jersey, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

20. Jurisdiction and Venue
You and DATACOLOR agree to submit to the exclusive personal jurisdiction of the courts of the State of New Jersey, USA in all legal proceedings that are that are not arbitrated under this Agreement .

21. Arbitration
Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in the State of New Jersey, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of New Jersey, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

22. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by DATACOLOR of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. DATACOLOR therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. DATACOLOR does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

CONTENT LICENSE AGREEMENT

Datacolor AG and all its affiliates and subsidiaries ("DATACOLOR") operates this website (the "Site") and the Friends of Vision service.

DATACOLOR IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT TO USE THIS SITE AND A LICENSE FOR THE CONTENT SPECIFIED HEREIN ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "I ACCEPT" BELOW, YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "YOU" OR "YOUR" SHALL REFER TO YOUR ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, THEN DATACOLOR IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES DELIVERED BY THIS SITE.

We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through the Legal link on this Site's home page and by giving you prior notice of such amendments. Your continued use of this Site after notice of a modification indicates your acceptance of the amended Agreement. You should check this Agreement through this link periodically for modifications by scrolling to the bottom of the page for a listing of material changes and their effective dates.

1. Parties. The parties to this Agreement are you, the licensee ("You"), and the owner and operator of this web site: DATACOLOR. All references to "we", "us", "this web site" or "this site" shall be construed to mean DATACOLOR. If the user is not an individual, then "You" means Your company, its officers, members, agents, successors and assigns.

2. Eligibility; License Grant For Content.

• Subject to the terms of this Agreement, You are granted non-exclusive rights to access the private Friends of Vision area of this site and to download and upload photographs and other graphically works ("Content") only for purposes of use for Your own internal personal non-commercial use.

• Licenses are not available to minors under the age of 18 years of age and any user that has been suspended or removed from the system.

• You may not have more than one active license.

3. Use Restrictions For Content. You may not copy, modify, and transfer the Content to others and are not authorized (i) to resell or sublicense the Content, (ii) to distribute, transmit, or publish the Content to the public in any form, format, or method, including without limitation, by posting on the Internet, or (iii) otherwise to use the Content as part of a product or service for any commercial use or purpose.

4. Restrictions Regarding Sharing of Identification and Password Codes. You shall be issued a unique identification and/or password codes for use in accessing the Friends with Vision website. You agree to safeguard Your identification and/or password codes. You may not share Your identification and/or password codes with others.

5. Ownership. The Content is protected by United States copyright laws and international treaty provisions. This Agreement provides You only a limited use license, and no ownership of any intellectual property that may be embodied in any Content.

6. Registration Data. Registration is required for you to download Content from this Site. You agree (i) to provide certain current, complete, and accurate information about You as prompted to do so by the registration form ("Registration Data"), and (ii) to maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that your Registration Data is accurate and current, and that You are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that You provide is untrue, inaccurate, not current or incomplete, DATACOLOR retains the right, in its sole discretion, to suspend or terminate rights to use the Site. Solely to enable DATACOLOR to use information You supply us internally, so that we are not violating any rights You might have in that information, You grant to DATACOLOR a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by DATACOLOR's computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by DATACOLOR, in each case by any method or means or in any medium whether now known or hereafter devised.

7. Privacy Policy. Registration Data and certain other information about You is subject to our Privacy Policy which may be accessed from this Site's Home Page.

8. Technical Support. DATACOLOR shall answer questions by email and telephone regarding the use of the web site and the materials licensed hereunder.

9. Warranty Disclaimer. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND ALL CONTENT AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM DATACOLOR AND ITS CONTENT PROVIDERS. DATACOLOR AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF DATACOLOR AND DATACOLOR'S AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT.

10. Limitation of Liability. IN NO EVENT WILL DATACOLOR BE LIABLE OR RESPONSIBLE TO YOU OR ANY PERSON FOR ANY TYPE OF SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUE OR LOST PROFITS, EVEN IF DATACOLOR OR ANY DATACOLOR SUPPLIER OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY, OR OTHERWISE.

11. Posting To This Site. We will not treat information that you post to areas of this Site that are viewable by others as proprietary, private, or confidential. We have no obligation to monitor posts to this Site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.

12. Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

13. Monitoring. We reserve the right to monitor your access and use of this website without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible by clicking on this Site's home page.

14. Privacy And Security. You may access, read, and print our policies regarding privacy and security through our Privacy Policy link on this Site's home page. As stated in our Privacy Policy, we reserve the right to modify our terms regarding privacy and security from time to time. We will not, under any circumstances, be held responsible or liable for situations where information or transmissions are accessed by third parties through illegal or illicit means or through the exploitation of security vulnerabilities in our site and network. We will promptly report to you any unauthorized access to your information promptly upon discovery, and we will use diligent efforts to promptly remedy any security vulnerability that permitted the unauthorized access. If notification to persons affected by the unauthorized access is required, you agree to be solely responsible for any and all such notifications at your expense.

15. Notices. We may give notice to you by means of (i) a general notice in your account information, (ii) by electronic mail to your e-mail address on record in your Registration Data, or (iii) by written communication sent by first class mail or pre-paid post to your address on record in your Registration Data. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following: (a) by letter sent by confirmed facsimile to us at the following fax number, +1-609-895-7472; or (b) by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us as follows: Datacolor, Inc., 5 Princess Road, 08648 Lawrence, New Jersey, in either case, addressed to the attention of Marketing Department. Notices will not be effective unless sent in accordance with the above requirements.

16. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in the State of New Jersey, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of New Jersey, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

17. Jurisdiction And Venue. The courts in the State of New Jersey, USA and the U.S. District Courts located in the State of New Jersey, USA, shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.

18. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

19. Miscellaneous. This Agreement and the Terms of Use and Privacy Policy posted on this site constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only as expressly provided herein. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the State of New Jersey, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language.