Fund Diligence Terms and Conditions of Use

1. Limitation on Use.

(i) All use of Fund Diligence content is intended only for the Licensee?s internal use.
(ii) The content available through Fund Diligence is our property or the property of our licensors and is protected by copyright and other intellectual property laws.
(iii) You agree not to create abstracts from, scrape or display headlines from our content for use on another web site or service. You agree not to post any content from Fund Diligence to newsgroups, mail lists or electronic bulletin boards, without our written consent.
(iv) All Licensee employees are granted user IDs and passwords. Licensee has unlimited use and access to Fund Diligence content and reports.

2. Subscription Terms and Fees.

(i) The annual subscription fee for the first year is $8,500 payable upon invoice.
(ii) Initial subscription period is June 16, 2004 until June 15, 2005.
(iii) Your subscription will renew automatically on June 16 of each calendar year, unless we terminate it or you notify us by telephone, email or mail of your decision to terminate your subscription. You must cancel your subscription before it renews.

3. Disclaimers of Warranties and Limitations on Liability.

(i) YOU AGREE THAT YOUR ACCESS TO AND USE OF FUND DILIGENCE AND THE CONTENT IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give tax or investment advice or advocate the purchase or sale of any security or investment. GENESYS RESEARCH, INC. WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF FUND DILIGENCE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE DOW JONES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE DOW JONES PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.