TERMS OF SERVICE AGREEMENT 1.Notice. Access to and use of the Phenom computer software provided by Seamless Peer 2 Peer, Inc. (“Seamless”) is subject to the terms and conditions of this Terms of Service Agreement (“Agreement”). Make sure that you read this Agreement completely and carefully. BY CHECKING THAT YOU HAVE READ AND AGREED, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THISAGREEMENT, DO NOT CHECK THAT YOU AGREE AND DO NOT INSTALL ANY SOFTWARE. Seamless reserves the right to change this Agreement at any time. You agree to accept any changes when and as posted by Seamless, and to periodically review this Agreement for changes. 2.Phenom Download. The Phenom computer software is used to provide secure and non secure communication over wireless local area networks, local area networks, wide area networks, peer group networks and other computer networks. The computer software is used to provide secure e-mail, chats, file transfers, downloads, voice over internet protocol, white boarding, video voice conferencing, and remote access. 3.Website. Any and all data and materials used and displayed on this website including, but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, and service marks are the property of Seamless or its licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, noncommercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Seamless 4.Servers and Software. You agree that you will not abuse our servers, not reverse the engineering of our software, and not place excessive demands on our hardware or bandwidth. 5.Online Setup. In order to access some of the features of the website, you will have to complete the online setup. During the online setup, you agree to provide accurate and complete information. 6.60-Day Trial. You can download a fully functional version of this program and use it for free for 60 days. A failure to cancel within the 60-day trial period will automatically result in a charge of your credit card of a one year license key. 7.Warranty Disclaimer. THE PHENOM COMPUTER SOFTWARE AND THE SEAMLESS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. SEAMLESS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SEAMLESS IS NOT RESPONSIBLE FOR ANY FAILURE OF THE PHENOM COMPUTER SOFTWARE AND THE SEAMLESS WEBSITE TO BE AVAILABLE FOR ANY REASON. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 8.Limitation on Liability. YOUR USE OF THE PHENOM COMPUTER SOFTWARE AND THE SEAMLESS WEBSITE IS AT YOUR OWN RISK. NEITHER SEAMLESS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE PHENOM COMPUTER SOFTWARE OR THE SEAMLESS WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SEAMLESS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE PHENOM COMPUTER SOFTWARE AND THE SEAMLESS WEBSITE. YOU SHALL BE SOLELY RESPONSIBLE FOR THE DELETION OF ANY DATA OR INFORMATION THAT IS STORED BY YOU THROUGH YOUR USE OF THE PHENOM COMPUTER SOFTWARE AND THE SEAMLESS WEBSITE. 9.Export Restrictions. In addition, neither the Phenom computer software nor the documentation and underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nations or the United States Commerce Department's Table of Denial Orders. By downloading or using the software you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. 10.Indemnity. You agree to use the Seamless equipment in a careful and proper manner and will not permit any Seamless equipment to be used in violation of any applicable federal, state, or local statute, law, ordinance, rule, or regulation. You agree to reimburse Seamless in full for all damage to Seamless’s equipment arising from any misuse or negligent act. You will indemnify and hold Seamless, its officers, directors, employees, affiliates, subsidiaries, agents and representatives harmless from any and all expenses, liabilities, and losses for any violations of any statute, law, ordinance, rule, or regulation of any duly constituted public authority. 11.Confidentiality. Any communication or material you post to or transmit over internet will be treated as, nonconfidential and nonproprietary. You assume full responsibility for any data or information that you post or transmit. You understand and acknowledge that if you voluntarily disclose personal information (e.g., user name, email address) through the use of the Phenom computer software to any person or entity other than Seamless, that information can be collected and used by others and may result in unsolicited messages from other parties. Also, all information transmitted through the Seamless servers will be subject to any legal wire tap or warrants executed by the proper authorities. 12.Acceptance of Terms of Service. You affirm that you are 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and agree to abide and comply with the terms of this Agreement. 13.Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Seamless without any restrictions. 14.General Provisions. This Agreement shall constitute the entire agreement between the parties hereto. This Agreement and any disputes arising out of or related to the software and the website shall be governed by, and construed and enforced in accordance, the laws of the State of California and the parties agree to submit to the jurisdiction of the Courts of the County of Orange, State of California or a Federal Court empanelled in the State of California for the resolution of all legal disputes arising under the terms of this Agreement.