On Hand Software and Brain Games Software Terms and Conditions of Use

Terms and Conditions
The following are terms of a legal agreement between you and On Hand Software, Inc., its
subsidiaries and affiliates (hereinafter collectively referred to as "On Hand"). By accessing,
browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and
agree to be bound by these terms and comply with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS,
DO NOT USE THIS SITE. The material provided on this Site is protected by law, including, but not
limited to, United States Copyright and Trademark law and international treaties. This Site is
controlled and operated by On Hand from its offices within the United States. On Hand makes no
representation that materials in the Site are appropriate or available for use in other locations, and
access to them from territories where their content are illegal are prohibited. Those who choose to
access this Site from other locations do so on their own initiative and are responsible for
compliance with applicable local laws.

User Restrictions
The copyright in all material provided on this Site is held by On Hand or by the controller of the
copyright or by the original creator of the material. 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 On Hand or the
copyright owner. Permission is granted to display, copy, distribute and download the materials on
this Site for personal, non-commercial use only, provided that you do not modify, copy or
distribute the materials and that you retain all copyright and other proprietary notices contained in
the materials. You also may not "mirror" any material contained on this Site on any other server
without On Hand’s permission. Any unauthorized use of any material contained on this Site may
violate copyright laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.

Trademarks
The trademarks, service marks, and logos (the "Trademarks") used on this Site are registered
and unregistered Trademarks of On Hand and others. Nothing on this Site should be construed as
granting, by implication, estoppels, or otherwise, any license or right to use any Trademark
displayed on this Site, without the written permission of the Trademark owner. On Hand enforces
its intellectual property rights to the fullest extent of the law. The Trademarks, including both On
Hand’s and others, may not be used in any way, including in advertising or publicity pertaining to
distribution of materials on this Site, without prior, written permission. On Hand prohibits use of
the On Hand logo as a hot link to any other web site unless establishment of such link is
approved in advance by On Hand in writing. A partial list of On Hand Trademarks follows: On
Hand, On Hand Inc. and the On Hand logo.

Disclaimer of Warranty
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE
APPLICABLE LAW, ON HAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. ON HAND DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY
OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS
SITE OR ANY SITES LINKED TO THIS SITE.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ON HAND BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR
THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF ON HAND OR AN ON HAND
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF
YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

On Hand and its suppliers further do not warrant the accuracy or completeness of the
information, text, graphics, links or other items contained within these materials. On Hand may
make changes to these materials, or to the products described therein, at any time without
notice.

Postings
Any material, information or idea you transmit to or post on this Site by any means will be
treated as non-confidential and non-proprietary, and may be disseminated or used by On Hand
for any purpose whatsoever, including, but not limited to, developing, manufacturing, and
marketing products. You are prohibited from posting or transmitting to or from this Site any
unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or
profane material, or any other material that could give rise to any civil or criminal liability under
the law.

Indemnifications
You agree to indemnify, defend and hold On Hand and its respective officers, directors, owners,
agents, information providers and licensors (collectively, the ‘On Hand Parties’) harmless from
and against any and all claims, liability, losses, costs and expenses (including reasonable
attorneys’ fees) incurred by any On Hand Party in connection with any use or alleged use of the
chat rooms, bulletin boards, or other user forums by you. On Hand reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with On Hand’s defense of such
claim.

General
You should be aware that when you are on On Hand’s Site, you could be directed to other sites
that are beyond our control. There may be links to other sites from On Hand that take you
outside our service. We take no responsibility and assume no liability for any content provided
from such outside sources or for any mistakes, defamation, libel, slander, omissions,
falsehoods, obscenity, pornography, or profanity contained therein. You shall not upload to,
distribute through, or otherwise publish through this Site any content that is libelous,
defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate
the rights of any party, or that would otherwise give rise to liability or violates any law.

On Hand may at any time revise these Terms and Conditions of Use by updating this posting.
By using this Site, you agree to be bound by any such revisions and should therefore periodically
visit this page to determine the then current Terms and Conditions of Use to which you are
bound.

This Agreement shall be construed in accordance with the laws of the State of California, and the
parties irrevocably consent to bring any action to enforce this Agreement in the United States
federal and California state courts located in Marin County, California. The parties also waive any
defenses to jurisdiction or venue to lawsuits brought by On Hand in the United States federal
and California state courts located in Marin County, California. This Agreement constitutes the
entire agreement between the parties with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties with respect to the subject matter. All
rights not expressly granted herein are expressly reserved. This Agreement shall inure to the
benefit of On Hand's agents, licensors, licensees, successors, and assigns.

Legal Notice
On Hand products are copyright (C) 2001-2007 of On Hand Software, Inc. All Rights Reserved.
Title, design and documentation (C) On Hand Software, Inc. On Hand Software and the On Hand
brand logo are trademarks of On Hand Software, Inc.

Microsoft and Windows are registered trademarks of Microsoft Corp. All other Third-party product
and brand names may be trademarks or registered trademarks of their respective owners.