User Agreement 20071021

Laurelsoft Service Agreement Last Update: Nov 2007

THANK YOU FOR CHOOSING LAURELSOFT - Hard Software!

This is a contract between you and Laurelsoft Ltd, which is referred to as �we,� �us� or �our�.

This contract applies to the Color Evolver service, which is refereed as the �service�. Please note that we do not provide warranties for the service.The contract also limits our liability.

1. What is the service?

The major part of the service is a Flash Application, which run from inside web page. The service also involves web pages supporting the Flash Application.

The service will

Store your uploaded image on our server.

Allow you to manage your images.

Start Flash Application for one of your image files

Allow you define multiple color schemes on the image file by interacting with the application.

Store your working site on our server and recover it next time you start the application.

Build result image under your request on the server and return it back to your web browser.

We provide the service for you through this web site only. You use the service by visiting this web site and working with the user interface of the Flash Application.

2. You can use the service as different user types

Depending on whether or not you have registered or paid subscription fee, you can use the service as guest, member or subscriber.

2.1 As Guest

You may start using the service as a guest at any time. Guest can start the full version of the service over a set of sample image files with the following limits. You can not

�upload image file onto the server;

�save working site onto the serer;

�request the server to build result image and receive it on client side.

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2.2 As Member:

As soon as you have finished the register process, we will create a membership account for you.

You can start using the service after logging into your account.Member can start the full version of the service over a set of his or her image files and

�can upload image file onto the server;

�can save working site onto the serer;

�can build result image on server and receive it on client side.

You can subscribe the service by paying subscription fee for a period you selected.

Before you subscribe the service, your total storage space on server is up to 200KB and you can not upload image file larger than 200KB onto the server.���

If you had not logged in for a period longer than 90 days, your membership account might be deleted. You might need register again if you try to use the service after the period.

2.3 As Subscriber:

You are required to be a member first before you can subscribe the service. You can choose subscription period from one month, three months, six months and a year. The subscription fee will vary for each period and will be set on this web site. As soon as you have paid the subscription fee for your subscription period in full amount, and we have confirmed that your payment has been completed, the service will take your account as a subscriber till your subscription period expires.��

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The service allows a subscriber doing everything that a member can do with even larger capacities. Your total storage space on server is up to 20MB and you can not upload image file larger than 2MB onto the server.���

After your subscription period has expired, your material will be saved for another 30 days, no matter how long was your last subscription period. If you do not subscribe a new period within this 30 days, your material on our server will be deleted. But your membership account will be kept for 90 days.

3. Your account

You are responsible for your service account. Only you may use your membership account. You are responsible for all activity that takes place with your membership account.

4. Privacy and Your Materials.

We protect your privacy as stated in privacy policy in this web site.

You can upload your materials, image file, working site, description, etc, for use in connection with the service.� We do not claim ownership of the materials you uploaded onto our server. However, by uploading your materials onto our server, you are granting to us the free permission to access, view, copy, move, or survey these materials.

We will not intentionally permit any third parties to access your materials.

Your materials must have legally permissible content only. We reserve the rights to remove any illegal content off our server without any compensation or notice to anyone who uploaded them.

We consider your use of the service to be private. However, we may access or disclose information about you, your account and/or your material, in order to:

comply with the law or legal process served on us;

enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or

protect the rights, property, or safety of Laurelsoft, its employees, its customers or the public.

We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may hinder or break your use of the service.

5. Payment

You have to pay the subscription fee in full and in one time.

Currently, we only use Paypal to receive your subscription fee. So you must have a Paypal account to subscribe the service.

The service does not include Internet access, and then you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the service.

The subscription fee for the service excludes all taxes. unless stated otherwise.You are responsible for any taxes that you are obligated to pay. You are responsible for all other charges to any third parties.� Currency exchange settlements are based on your agreement with your payment method provider. We may change the subscription fee and subscription period from time to time.

6. Changes

We reserves the right, at our sole discretion, to change, modify, add, or remove any portion of the service, this web site and this contract, in whole or in part, at any time, without prior notice to you.

We will constantly improve and upgrade the service. We may change the service or delete features at any time and for any reason.We may automatically renew this web site.

We might change subscription fee and subscription period. If you have paid subscription fee in full amount for a subscription period, the subscription fee will remain unchanged for your account only till your subscription period expired.

All these changes will be put on this web site 30 days before it take effect.

If you do not agree to any changes, then you stop subscribing a new subscription period.

If you do not stop using the service, then your use of the service will continue under these changes.

7. Cancels

You can stop using the service at any time, with or without cause only by not accessing your membership account for more than 90 days. If you stop using the service, your membership account and your materials will be deleted and can not be retrieved in any ways.

You can not cancel your current subscription period, nor ask for refund in total or partly. You may cancel your service by not subscribing a new subscription, at any time, with or without cause.

We might block some web sites from visiting the service. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice.Upon service cancellation, your rights to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later.

If we cancel the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your subscription period before the cancellation.

8.WE MAKE NO WARRANTY.

The service aims only to help you to foresee the effect of color scheme base on our algorithms.

The real effect is determined by many factors. Our algorithms only try to simulate some of them.

We hold no responsibility to any, direct or indirect, consequences related to your using our service.

We provide the service �as-is,� �with all faults� and �as available.�We do not guarantee the accuracy or quality of information available from the service. Laurelsoft Ltd. gives no express warranties,guarantees or conditions. We exclude any implied warranties.

9. No Liability

You cannot recover any damages, including consequential, lost profits, special, indirect, incidental or punitive damages, with regards to the service.

This limitation applies to anything related to the service, your access to the service, content (including code) on third party Internet sites, third party programs or third party conduct, viruses or other disabling features that affect your access to or use of the service, incompatibility between the service and other services, software and hardware, delays or failures you may have in using the service.

10. How do you use the service

In using the service, you will obey the law;

obey any codes of conduct or other notices we provide;

keep your membership account password secret; and

promptly notify us if you learn of a security breach related to the service.

In using the service, you may not:

disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity;�

use the service in a way that harms us;

use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (�spam�);

use any automated process or service to access and/or use the service;

use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;

damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone�s use and enjoyment of the service;

resell or redistribute the service, or any part of the service.

11. Customer Support

Customer support is offered for the service via e-mail communication. We will try to respond to user's any questions promptly, but no guarantee can be made.��

12. Assignment.

We may assign this contract, in whole or in part, at any time with or without notice to you.You may not assign this contract, or any part of it, to any other person.� Any attempt by you to do so is void.� You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

13.No Third Party Beneficiaries.

This contract is solely for your and our benefit.� It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

14. Interpreting the Contract.

This is the entire contract between you and us regarding your use of the service.It supersedes any prior contract or statements regarding your use of the service.

We reserve the rights to explain any part of this contract. The section titles in the contract do not limit the other terms of this contract.

15. Information to You

Your using the service means you are grant to us your consent to receive communication from us, in electronic form or other forms. You have the right to withdraw this consent by stopping using the service. We might send you certain information in connection with the service and have the right to send you certain additional information.

This contract is in electronic form. We may send you this information in electronic form. If you do not consent to receive any information electronically, you must stop using the service.

We may provide required information to you:

by e-mail at the e-mail address you specified when you subscribe the service;

by showing texts on pop up dialog from within Flash Application of the service;

by showing messages on web pages you visited from your member ship account;

by other means.

16. Your Feedback to Us

The design, idea, or any points you send to us will be owned by us. We could use these to improve the service for all the customers.

17. Copyright and Trademark Notices

All contents of the service are Copyright � 2007 Laurelsoft Ltd. All rights reserved.

Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service.We own the title, copyright, and other intellectual property rights in the service.