TERMS OF SERVICE FAMWISE.COM LLC Last Updated December 6, 2007

ACCEPTANCE OF TERMS The FAMWISE.COM LLC services (the "Services") are provided by FAMWISE.COM LLC ("FAMWISE.COM LLC") to you ("You") under the terms and conditions of this Terms of Service Agreement (this "Agreement"). This Agreement includes FAMWISE.COM LLC's Privacy Policy, which is available at the FAMWISE.COM LLC web site located at http://www.famwise.com and is incorporated herein by reference, and governs your use of FAMWISE.COM LLC's web sites as well as the Services. BY USING FAMWISE.COM LLC'S WEB SITES, YOU REPRESENT AND WARRANT THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH IN THE SECTIONS BELOW. DESCRIPTION OF SERVICE FAMWISE.COM LLC provides members with access to a variety of family and community-based web sites, services, and applications ("Application") published over the World Wide Web, and a collection of other web services, including on-line forums and private messaging systems. Using FAMWISE.COM LLC's software, the member ("Member") is able to store information to their account ("Content"). Upload and submission of Content can be elected by the Member manually. A member can maintain their Content through the FAMWISE.COM LLC service. FAMWISE.COM LLC saves and stores the Content. FAMWISE.COM LLC provides a Member access to Member's stored Content from any Internet connection. FAMWISE.COM LLC provides tools to allow a Member to manage the Content they have submitted. MEMBER ACCOUNT AND SECURITY For Services that store Content, the user has the choice of using the Services after completing the registration or contract process ("Registered Member"). During the registration process, You must select an Access Code and Member Name. During the contract process, you will be assigned an Access Code and Member Name. The term Member Name is synonymous with Username. The term Access Code is synonymous with Password. FAMWISE.COM LLC will notify You if your Member Name is already in use by another subscriber. You agree to carefully safeguard Your Access Code, Member Name, and account and You agree that You shall at all times remain solely responsible for maintaining and protecting the confidentiality of your logon credentials and account information and You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify FAMWISE.COM LLC if at any time Your Access Code, Member Name, or account is, or You believe it has been, lost, stolen, disclosed, or otherwise compromised and FAMWISE.COM LLC may direct You to a secure part of the web site so that you can create a new Access Code. You will still be able to access your previous account information and content. If you elect to replace your account by the means of deleting your current account and creating a new account, You shall be unable to access your previous account information. REGISTRATION As part of the registration/contract process for the Services, You agree to: (i) provide certain limited information about You as prompted to do so by the Service (such information to be current, complete, and accurate) and (ii) maintain and update this information as required to keep it current, complete, and accurate. The information requested on original sign up shall be referred to as account data ("Account Data"). FAMWISE.COM LLC reserves the right to refuse the Service to any user. USER CONTENT You understand and agree that the Content of all members, including Your Content will be collected, aggregated and ANONYMOUSLY integrated into the Service by FAMWISE.COM LLC for the purpose of providing such information to other FAMWISE.COM LLC members and for other purposes, including, without limitation, statistical and analysis purposes, and provision of services which FAMWISE.COM LLC or its partners believe will be beneficial to the Member. This use of Your Content WILL NOT be traceable to You as a specific user. If FAMWISE.COM LLC desires to use Your Content in a way that would personally identify You, FAMWISE.COM LLC will contact You and will only make such use with Your prior written consent. Through the use of online tools, You may have the ability to publish Your Content in a public forum. You have the ability to turn this sharing of Content on and off and You take full responsibility for it's presentation, consumption, and content, should You elect to publish it. FAMWISE.COM LLC reserves the right to disable the sharing of Content within public forums if it deems necessary. ADVERTISEMENTS AND PROMOTIONS (i) Any dealings with advertisers on the Service or participation in promotions, including the delivery and the payment for goods or services and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between You and the advertiser or third party. FAMWISE.COM LLC shall have no responsibility or liability to You for any such dealings or promotions. (ii) You understand and agree that unless expressly stated, FAMWISE.COM LLC in no way reviews, controls, examines, verifies or endorses any of the information contained on or in the Services, including links, Internet web sites, advertisements, products, goods, services or promotions. USER CONDUCT Your right to use the Service is personal to You. You may be either an individual, a family, or a corporation or business entity, but You agree not to resell the use of the Service without the express written consent of FAMWISE.COM LLC. You are solely responsible for the content of Your transmissions through the Service. FAMWISE.COM LLC does, however, reserve the right to take any action with respect to the Services that FAMWISE.COM LLC deems necessary or appropriate in FAMWISE.COM LLC's sole discretion if FAMWISE.COM LLC believes You or Your transmissions or use of the Services may violate the rights of others, these rules or any applicable laws. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (i) to comply with all laws, rules and other regulations applicable in connection with the Service; (ii) not to interfere or disrupt networks connected to the Service; (iii) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) not to use or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature and (v) You will not interfere with another members use and enjoyment of the Service. PRIVACY FAMWISE.COM LLC does not make use of your personally identifiable information. By accepting the terms of this Agreement, You expressly consent to disclosure of Your anonymous personal information individually or on an aggregated basis to third parties for reporting and other purposes, including, without limitation, statistical and analysis purposes, and provision of services, which FAMWISE.COM LLC or its partners believe will be beneficial to the Member. Further, FAMWISE.COM LLC can (and You hereby authorize FAMWISE.COM LLC to) disclose Account Data or any information about You to law enforcement or other government officials as FAMWISE.COM LLC, in its sole discretion, believes necessary or appropriate. Therefore, FAMWISE.COM LLC does not promise, and You should not expect, that personally identifiable information or private communications would always remain private. ON-LINE FORUMS, BLOGS, AND PRIVATE MESSAGING SYSTEMS FAMWISE.COM LLC will not review all communications or materials posted on its on-line forums, Services, blogs, and private messaging systems, and is not responsible in any manner for the content of posted communications or materials. FAMWISE.COM LLC will review, investigate and monitor communications in response to a verified complaint. You may not post or transmit any communications or materials, and FAMWISE.COM LLC has the right to block or delete any communications or materials, on FAMWISE.COM LLC's on-line forums and private messaging systems that may: (i) be libelous, defamatory, indecent, obscene, or pornographic, offensive, harmful, threatening, harassing, abusive, hateful, fraudulent, deceptive, or misleading, or constitute stalking, or disclose private or personal information about another person; (ii) violate the privacy or property rights of others, including any unauthorized copyrighted communications or materials, trade secrets, protected intellectual property rights, or other confidential or trademarked proprietary information; (iii) interfere with the viewing or use by others of FAMWISE.COM LLC's on-line forums and private messaging systems, use simultaneous, unattended or continuous connections to FAMWISE.COM LLC, or post or transmit any file containing any viruses or any contaminating or destructive code or features; (iv) constitute requests for charity, petitions for signatures, chain letters, or communications or materials for any pyramid schemes, advertising, solicitations, or promotional communications or materials of any kind, or be used to harvest or collect information about other members of the on-line forums and private messaging systems of FAMWISE.COM LLC; or (v) be deemed unacceptable for any reason by FAMWISE.COM LLC. FAMWISE.COM LLC may take steps as it deems necessary to investigate any violation of this Agreement, including the recording of any communications or materials in its on-line forums and private messaging systems. LINKS TO THIRD PARTY SITES Any links included within the Service may permit You to leave the FAMWISE.COM LLC web site. These linked sites are not under the control of FAMWISE.COM LLC and FAMWISE.COM LLC shall not be responsible for the contents of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. FAMWISE.COM LLC is not responsible and shall have no liability for webcasting, or any other form of transmission received from any linked site. FAMWISE.COM LLC is providing these links to You as a convenience. MODIFICATIONS FAMWISE.COM LLC may amend this Agreement at any time by (i) posting a revised FAMWISE.COM LLC Terms of Use document on the FAMWISE.COM LLC web site, and/or (ii) posting information regarding the amendment on our forums. You are responsible for regularly reviewing the FAMWISE.COM LLC web site to obtain timely notice of such amendments. Any continued use of the Service by You after such amended terms have been posted shall be deemed your consent and agreement to such amended terms. Furthermore, FAMWISE.COM LLC reserves the right, at any time and for any or no reason, to limit, deny, modify or discontinue the Service with or without notice to You. FAMWISE.COM LLC shall not be liable to You or any third party should FAMWISE.COM LLC exercise its right to modify or discontinue the Service. TERMINATION FAMWISE.COM LLC may immediately terminate Your membership/contract and right to use the Service if (i) You breach this Agreement, (ii) FAMWISE.COM LLC is unable to verify or authenticate any information You provide to FAMWISE.COM LLC, (iii) such information is inaccurate, or (iv) FAMWISE.COM LLC decides, in its sole discretion, to discontinue offering the Service. FAMWISE.COM LLC shall not be liable to You or any third party for termination of the Service. You may terminate the Service with or without cause at any time, effective immediately by requesting closure of Your account. Should You object to any terms and conditions of this Agreement or any subsequent modifications hereto, or if You become dissatisfied with the Service in any way, Your sole recourse is to immediately: (i) discontinue use of the Service; and (ii) notify FAMWISE.COM LLC of Your termination. Upon termination of the Service, Your right to use the Service immediately ceases. DISCLAIMER OF WARRANTIES I. FAMWISE.COM LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER FAMWISE.COM LLC MAKES ANY WARRANTY THAT THE SERVICES AND/OR ANY INFORMATION PROVIDED BY OR THROUGH FAMWISE.COM LLC WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FAMWISE.COM LLC MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. II. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY CONTENT YOU DOWNLOAD FROM THE FAMWISE.COM LLC SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES AND/OR CONTENT. THE SERVICES AND/OR ANY CONTENT YOU DOWNLOAD FROM THE FAMWISE.COM LLC SITE ARE PROVIDED ON AN "AS IS" BASIS. LIMITATION OF LIABILITY IN NO EVENT SHALL FAMWISE.COM LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, AND/OR ANY INFORMATION PROVIDED BY OR THROUGH FAMWISE.COM LLC, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF FAMWISE.COM LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER FAMWISE.COM LLC SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INDEMNITY You hereby agree, at Your expense, to indemnify, defend and hold FAMWISE.COM LLC harmless from and against any loss, cost, damages, liability, expense, arising out of or relating to (i) a third-party claim, action or allegation of infringement based on information, data, Content or other content submitted by You, (ii) any fraud or manipulation, or other breach of this Agreement, by You, or (iii) any third-party claim, action or allegation brought against FAMWISE.COM LLC arising out of Your use of the Software or Services. GENERAL TERMS If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. FAMWISE.COM LLC's failure to act with respect to a breach by You does not waive FAMWISE.COM LLC's right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. FAMWISE.COM LLC shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond FAMWISE.COM LLC's reasonable control. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Because of the global nature of the Internet, you agree to comply with all local rules regarding Member conduct on the Internet and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that You are solely responsible for reviewing the terms of this Agreement from time to time. SUBSCRIPTION FEES FAMWISE.COM LLC is a pay-for-use service. All Registered Members, after any trial-use period(s), must be paid in full before being allowed to use any Content or Services contained within the FAMWISE.COM LLC web site. Pricing for services and memberships may change periodically, with or without notification to You. Voluntary or involuntary termination of services or memberships will not entitle You to a refund. By accepting this agreement, You agree that Your membership and/or additional services will be available to You for the duration of the selected time period, and early termination will not entitle You to a refund. FAMWISE.COM LLC may offer free memberships in order to entice potential members. All payments will be made in US Dollars. Free trial memberships do not include services outside of the Application. Opting to use those services will force You to select a full membership plan. In the event that payments are denied to FAMWISE.COM LLC, Your service and membership will be cancelled without warning. In the event that Your free trial membership expires, You will be blocked from Your Account until such time as full payment(s) are made. In the event that Your full membership expires without payment, You will be blocked from Your Account until such time as full payment(s) are made. Content and services may be removed from our servers once a Trial or Paid Membership lapses, without warning or notification to You. SERVICE AVAILABILITY FAMWISE.COM LLC will make all reasonable efforts to ensure the Service is available to You, but cannot guarantee availabilty. FAMWISE.COM LLC reserves the right to limit availability to the Service for purposes of administration and maintenance. GNU GENERAL PUBLIC LICENSE FAMWISE.COM LLC uses certain software and applications that fall under the GNU General Public License ("GPL"). Use of these tools and services falls under the terms and conditions of the appropriate vendor or software provider. Software under a GPL is not being resold, rather it is being distributed for a fee. Your rights as far as acquiring and using your own version of GPL licensed software is not limited by FAMWISE.COM LLC. GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND MODIFICATION This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a. You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b. You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c. If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a. Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b. Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c. Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.