Wave Three appreciates having you visit the Wave Three web site (the "Web site"). The content and software provided on the Web site (the "Web site Materials") may be used only as provided in these Terms of Use. If you decide to use the Web site, your use constitutes a binding agreement to the following Terms of Use. These Terms of Use set forth the legal rights and obligations of you and of Wave Three, so please read them carefully and, if you do not agree to the Terms of Use, you are not authorized to use the Web site and should not do so.

1. License to Use the Web site
Wave Three hereby grants you a limited, revocable, nonexclusive, nontransferable license to use the Web site and the Web site Materials in accordance with these Terms of Use and to make printouts of web pages included in the Web site for your own internal use. Any other use, including the reproduction, modification, distribution, transmission, republication, decompiling, reverse engineering or performance of or creation of derivative works from the Web site Materials is strictly prohibited. Notwithstanding the foregoing, no exclusion is made of any rights under Sections 50(A), 50(B) or 50(D) of the Copyright Designs and Patents Act 1988.

2. Intellectual Property Rights
All copyrights, patent rights, trademark, service mark, database rights, domain names and other intellectual property rights in all Web site Materials, including text, graphics, logos, button icons, images, audio clips, software, presentation of content (including collection, arrangement and assembly) are property of Wave Three or its suppliers and are protected by U.S. and international law. Unless otherwise expressly stated, nothing herein shall be construed as conferring by implication, estoppel or otherwise any license or right to use any copyright, patent, trademark, service mark, database or other intellectual property right of Wave Three or any third party.

Notification of any claimed copyright infringement by any material on the Web site should be sent to webmaster@wave3software.com.

3. Provision of the Web site and the Web site Materials
Wave Three retains the right to stop making the Web site available at any time, without notice to you. We further retain the right to add, delete, change or modify the Web site Materials and/or any other features or services of the Web site at any time, without notice to you. We may establish rules and limits concerning the amount, manner and duration of use of the Web site We has the right to terminate your account and/or your right to use the Web site without notice to you for any breach or violation of these Terms of Use or for any activity that adversely impacts the performance of the Web site or the provision of services to other users.

4. No Responsibility for Third Party Web sites
The Web site may contain links to third-party web sites that we do not operate or control. We provides these links as a convenience only and are not responsible for the contents of any linked web sites You should review the terms and conditions posted on any linked web site before using any services offered by third parties on such sites.

5. Compliance with Law
It is your responsibility to comply with all applicable laws with respect to your use of the Web site Wave Three makes no representation that the Web site or the Web site Materials are appropriate for access from outside the United States. If you choose to access the Web site from outside the United States you are responsible for compliance with any applicable local law.

6. High Risk Activities
In no event is the Web site or any Web site Material intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support machines, or weapon systems, in which the failure of any such information, product or service could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). You are not authorized to use any such information, product or service in High Risk Activities and you agree not to do so.

7. Abusive Uses
You agree not to disrupt the normal use of our system or engage in any abusive uses, or facilitate, aid or encourage any such abusive uses. You agree not to make any attempt to penetrate Web site security, and any such attempt may be notified to the appropriate law-enforcement agencies. You agree not to use the services of another provider in order to facilitate any breach or violation of these Terms of Use. You agree not to use the Web site to point to or direct traffic to any web site or location that creates, distributes or stores material that:

	Violates trademark, copyright, trade secret or other intellectual property law;
	Violates the privacy, publicity or other personal rights of others;
	Violates export control laws;
	Impairs the privacy of communications;
	May be threatening, abusive, racist, discriminatory or hateful, pornographic or indecent, defamatory, or constitute a terrorist act; or
	Encourages conduct that would constitute a criminal offense or give rise to a civil liability, including through e-mails, SIP messages or bulletin board or chat room postings.

You further agree not to send unsolicited e-mails, bulk commercial advertisements or informal announcements (which may, by example, include deliveries to more than 10 individuals) ("Spamming"), whether or not such activities provoke complaints from the recipients, or otherwise engage in Spamming using Wave Three as a return address point.

8. Consequences of Unacceptable Use
Wave Three reserves the right to suspend your right to access the Web site for any breach or violation of these Terms of Use and to suspend your account while investigation of any possible breach or violation thereof. In addition, we reserve the right to condition your continued use of the Web site upon your correction of any violation of these Terms of Use.

9. Content
You are entirely responsible for all content and information you deliver (directly or indirectly) to or through the Web site Wave Three accepts no responsibility for any content or information posted by users, does not guarantee or warrant any such content or information, and does not undertake to update such information.

10. Disclaimer and Limitation of Liability
The Web site is provided on an "as is" and "as available" basis. Wave Three makes no representations or warranties of any kind, express or implied, as to the operation of the Web site or the Web site Materials. To the full extent permissible by applicable law, Wave Three disclaims all warranties, express or implied, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement. We do not guarantee continuous, uninterrupted or secure access to our Web site, and operation of the Web site may be interfered with by numerous factors both within and outside of our control, including but not limited to routine or unscheduled maintenance, failure of electronic or mechanical equipment or communications lines, hardware, software or computer malfunctions. We do not guarantee the accuracy, timeliness or completeness of any information on the Web site or the results of your use of the Web site While we take efforts to safeguard the our Web site, we do not guarantee that the Web site or the Web site Materials are free from viruses, worms, trojan horses, cancelbots or other destructive materials. YOU AGREE THAT WAVE THREE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING FROM THE USE OF THE WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WAVE THREE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WAVE THREE AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT WAVE THREE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE

11. Indemnity
You agree to indemnify and hold Wave Three, and its affiliates, and its and their officers, agents and employees, as well as Wave Three's licensors and other third parties with which Wave Three contracts, harmless from and against any and all claims, demands, actions, costs, and/or expenses (including reasonable attorneys' fees) incurred by or against such persons or entities arising out of or resulting from any information you submit, post to or transmit through the Web site, your use of the Web site (including without limitation any use in violation of any law), your connection to the Web site, your violation of these Terms of Use or your violation of any rights of a third party.

12. Assignment
You agree that Wave Three shall have the right to assign its rights and delegate its duties hereunder together with its transfer of the Web site to any third party.

13. Scope of Relationship
No agency, partnership, joint venture or employment relationship is intended or created between you and Wave Three as a result of these Terms of Use. Neither party is authorized to create or enter into any obligation, express or implied, on behalf of the other party, nor to exercise any control over the other party's methods of operation.

14. General
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Failure to act with respect to a breach or violation of these Terms of Use does not constitute a waiver of any rights with respect to such breach or violation or a waiver of any right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and Wave Three with respect to the subject matter hereof. The Contracts (Rights of Third Parties) Act of 1999 shall not apply to these Terms of Use. No person who is not a party to these Terms of Use (including any employee, officer, agent, representative or subcontractor of either party) shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of this Agreement which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which agreement must refer to this clause.

15. Governing Law and Venue
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws and without reference to the United Nations Convention on Contracts for the International Sale of Goods. Any legal proceedings shall be brought only in a court of competent jurisdiction located in the County of San Diego. Each party hereby submits to the exclusive jurisdiction of such courts. You agree that any breach or threatened breach of these Terms of Use by you is likely to cause Wave Three damage that is not fully reparable by payment of damages, and you further agree that in such a case Wave Three shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.

16. Amendment
Wave Three may amend these Terms of Use at any time by posting the amended terms on the Web site, and such amended Terms of Use will be effective once posted.