PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE.

By accessing and using the 5 Dynamics Site, you agree to accept these Terms of Use. If you do not agree with any of these terms or conditions, please do not use this web site.

5 Dynamics reserves the right to modify the Terms of Use at any time without giving you prior notice. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms of Use. Your use of the Site following any such modification constitutes your agreement to the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

Users of this web site agree not to duplicate, re-distribute, disassemble, decompile, copy or reverse engineer 5 Dynamics proprietary software. Site users may not attempt to unlock or bypass any copy-protection, licensing or authentication algorithm utilized by 5 Dynamics software. Site users may not remove or modify any copyright notice, nor any "About" dialog, or the method by which it may be invoked. Infringements of the proprietary materials, trademarked materials and copyrighted materials and information included in this web site and other violations of these conditions of use may result in severe civil and / or criminal penalties, and shall be prosecuted to the maximum extent allowed by law.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER THE COMPANY, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL 5 DYNAMICS L.L.C., OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold 5 Dynamics L.L.C. and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. 5 Dynamics makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

Choice of Law

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of California, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising This Terms of Use constitutes the entire agreement between 5 Dynamics L.L.C. and you with respect to the Site and supersedes out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability

This Terms of Use constitutes the entire agreeement between 5 Dynamics LLC and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Headings

Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.

These Terms of Use were last updated on August 24, 2007.