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Terms of Use

The following describes the Terms of Use ("Terms of Use") applicable to your use of the www.thinkmap.com Web site ("Site"). By using the Site, you agree to be legally bound by these Terms of Use. Thinkmap, Inc. (ďThinkmapĒ) reserves the right to change, modify, add, or remove portions of these Terms of Use at any time. Please check this page periodically for any modifications. Your use of this Site following the posting of any changes constitutes your acceptance of the changes. These Terms of Use were last updated April 23, 2004.

1. SITE USAGE

A) EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THE LICENSE AGREEMENT (DISCUSSED IN SECTION 2A BELOW) OR ANOTHER WRITTEN AGREEMENT BETWEEN YOU AND THINKMAP, NEITHER THINKMAP, NOR ANY THINKMAP AFFILIATE, NOR ANY THINKMAP LICENSOR, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, OR COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT. THINKMAP, THINKMAP AFFILIATES AND THINKMAP LICENSORS ARE AND SHALL REMAIN THE EXCLUSIVE OWNERS OF ANY AND ALL PATENTS, TRADEMARKS, COPYRIGHTS, AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS OF THE SITE, THE SOFTWARE, DOCUMENTS AND ALL INFORMATION AND MATERIALS RELATED TO OR CONTAINED ON THE SITE. EXCEPT AS EXPRESSLY PERMITTED HEREIN, YOU SHALL NOT REPRODUCE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, MODIFY, OR CREATE DERIVATIVE WORKS WITH RESPECT TO THE SITE, SOFTWARE, DOCUMENTS OR ANY INFORMATION OR MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE.

B) EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THE LICENSE AGREEMENT OR ANOTHER WRITTEN AGREEMENT BETWEEN YOU AND THINKMAP, THE SITE, SOFTWARE, DOCUMENTS AND ALL INFORMATION AND MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND THINKMAP, THINKMAP AFFILIATES AND THINKMAP LICENSORS HEREBY DISCLAIM ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, THINKMAP, THINKMAPíS AFFILIATES AND THINKMAPíS LICENSORíS DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IN NO EVENT WILL THINKMAP, NOR ANY THINKMAP AFFILIATE OR THINKMAP LICENSOR BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION FOR BREACH OF CONTRACT OR WARRANTY OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, SOFTWARE, DOCUMENTS OR ANY INFORMATION OR MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE.

C) NOTWITHSTANDING ANYTHING TO THE CONTRARY EXPRESSED OR IMPLIED IN THESE TERMS OF USE, IN NO EVENT SHALL THE MAXIMUM LIABILITY OF THINKMAP, THINKMAP AFFILIATES OR THINKMAP LICENSORS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, SOFTWARE, DOCUMENTS OR ANY INFORMATION OR MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE EXCEED ONE THOUSAND DOLLARS ($1,000). THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF THINKMAP, THINKMAP'S AFFILIATES, THINKMAPíS LICENSORS AND TO ALL OF THINKMAP'S (AND THINKMAP'S AFFILIATES' AND LICENSORS) RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE, SOFTWARE, DOCUMENTS OR ANY INFORMATION OR MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

D) YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE SITE, SOFTWARE, DOCUMENTS AND ALL INFORMATION AND MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE. THE SITE, SOFTWARE, DOCUMENTS AND ALL INFORMATION AND MATERIALS ASSESSIBLE FROM OR RELATED TO THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER THINKMAP, NOR ANY THINKMAP AFFILIATE OR THINKMAP LICENSOR, ASSUMES ANY RESPONSIBILITY FOR AND EACH HEREBY DISCLAIM ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS IN THE SITE, SOFTWARE, DOCUMENTS AND ALL INFORMATION AND MATERIALS ASSESSIBLE FROM OR RELATED TO THIS SITE, AND IN ANY REFERENCED OR LINKED DOCUMENTS, MATERIAL OR WEBPAGES.

E) THINKMAP MAY MAKE CHANGES TO THE TERMS OF USE, THE SITE, SOFTWARE, DOCUMENTS OR ANY INFORMATION OR MATERIALS ASSESSIBLE FROM OR RELATED TO THIS SITESITE AND PRODUCT OFFERINGS AT ANY TIME AND WITHOUT NOTICE.

F) THE SITE IS DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES TO THINKMAP PRODUCTS, PROGRAMS, OR SERVICES THAT HAVE NOT BEEN ANNOUNCED IN YOUR COUNTRY. THESE REFERENCES DO NOT IMPLY THAT THINKMAP, INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY.

G) THE SITE MAY CONTAIN LINKS TO THE THIRD-PARTY WEB SITES THAT ARE NOT UNDER THE CONTROL OF THINKMAP, AND NEITHER THINKMAP, NOR ANY THINKMAP AFFILIATE OR THINKMAP LICENSOR SHALL BE RESPONSIBLE FOR THE CONTENT ON ANY LINKED WEB SITE. IF YOU ACCESS A THIRD-PARTY WEB SITE FROM THIS SITE, THEN YOU DO SO AT YOUR OWN RISK. THINKMAP, PROVIDES THESE LINKS ONLY AS A CONVENIENCE AND THE INCLUSION OF THE LINK DOES NOT IMPLY THAT THINKMAP, OR ANY THINKMAP AFFILIATE OR THINKMAP LICENSOR ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON THOSE THIRD-PARTY WEB SITES.

2. USAGE OF SOFTWARE AVAILABLE ON THE SITE

A) Any software that is made available to download, or for access, from this Site ("Software") is the copyrighted work of Thinkmap. Use of the Software is governed by the terms of the license agreement which accompanies, is included with, or as part of the registration and/or installation process required for the authorized use of, the Software ("License Agreement"). You shall be prohibited from installing or using any Software, unless you first agree to the terms of the applicable License Agreement. In the event that no License Agreement accompanies or is included with the Software, you are hereby granted a thirty (30) day (commencing upon the date of download) limited, revocable, non-transferable, non-exclusive, personal license to use the Software for internal, noncommercial, evaluation purposes only.

B) THE SOFTWARE IS MADE AVAILABLE FOR DOWNLOADING AND/OR ACCESS SOLELY FOR USE IN ACCORDANCE WITH AND SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENT. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE NOT IN ACCORDANCE WITH THE LICENSE AGREEMENT IS EXPRESSLY PROHIBITED BY LAW, AND MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES.

C) WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE OR ANY PART THEREOF FOR ANY PURPOSE (INCLUDING, WITHOUT LIMITATION, FURTHER REPRODUCTION OR REDISTRIBUTION) IS EXPRESSLY PROHIBITED, UNLESS SUCH COPYING, REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT.

D) EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH IN THE LICENSE AGREEMENT, THINKMAP, THINKMAP AFFILIATES AND THINKMAP LISENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THINKMAP, ANY THINKMAP AFFILIATE OR THINKMAP LICENSOR BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE AVAILABLE FROM THIS SITE.

E) RESTRICTED RIGHTS LEGEND. Any Software that is downloaded or accessed from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Thinkmap, Inc. 599 Broadway, New York, New York 10012.

3. USAGE OF DOCUMENTS AVAILABLE ON THE SITE

A) Except as expressly prohibited by these Terms of Use (or otherwise), you are permitted to view, copy and print documents within this Site (such as press releases, media kits, and case studies, individually and collectively referred to herein as "Documents") subject to your agreement that: (1) your use of the Documents and the information contained therein is for informational, personal, and non-commercial purposes only, (2) you will not modify the Documents, (3) you will not (a) use, copy or distribute any confidential information of Thinkmap, Thinkmap affiliates or Thinkmap licensors, or any graphics separate from their accompanying text or (b) quote materials out of their context, (4) you will display the copyright notice (in the form set forth in Section 6 below) and other proprietary notices on every copy you make, and (5) you agree that Thinkmap may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from Thinkmap. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. For avoidance of doubt, (i) Thinkmap does not grant any Site user any rights (to use, reproduce, or otherwise), nor does Thinkmap make any warranties with respect to any Documents or information owned or provided by third parties, and (ii) you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Documents.

B) DOCUMENTS SPECIFIED ABOVE DO NOT INCLUDE THE DESIGN OR LAYOUT OF THE SITE OR ANY OTHER THINKMAP OR ANY THINKMAP AFFILIATE OR ANY THINKMAP LICENSOR OWNED, OPERATED, LICENSED OR CONTROLLED WEB SITE. ELEMENTS OF THINKMAP'S AND ANY THINKMAP AFFILIATEíS OR THINKMAP LICENSORíS WEB SITES ARE PROTECTED BY TRADE DRESS, TRADEMARK, UNFAIR COMPETITION, COPYRIGHT AND OTHER LAWS AND MAY NOT BE COPIED OR IMITATED IN WHOLE OR IN PART. NO LOGO, GRAPHIC, SOUND, OR IMAGE FROM ANY THINKMAP, OR ANY THINKMAP AFFILIATE OR THINKMAP LICENSOR WEB SITE MAY BE COPIED OR RETRANSMITTED UNLESS EXPRESSLY PERMITTED BY THINKMAP, OR THE APPLICABLE THINKMAP, AFFILIATE OR THINKMAP LICENSOR.

C) NEITHER THINKMAP, NOR ANY THINKMAP AFFILIATES OR THINKMAP LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON OR ACCESSIBLE VIA THE SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THINKMAP, THINKMAP AFFILIATES AND THINKMAP LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL THINKMAP, OR ANY THINKMAP AFFILIATE OR THINKMAP LICENSOR BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY DOCUMENT OR THE INFORMATION AVAILABLE FROM THE SITE.

D) THE DOCUMENTS AND RELATED INFORMATION AND GRAPHICS PUBLISHED ON OR ACCESSIBLE VIA THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THINKMAP, THINKMAP AFFILIATES AND THINKMAP LICENSORS RESERVE THE RIGHT TO AND MAY MAKE IMPROVEMENTS AND/OR CHANGES AT ANY TIME.

4. Accounts and Security

If any of the products or services available from the Site require you to open an account, you must complete the registration process by providing Thinkmap with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Thinkmap immediately of any unauthorized use of your account or any other breach of security. Neither Thinkmap, nor any Thinkmap affiliates or Thinkmap licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Thinkmap or any other person or entity due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder or Thinkmap (as applicable). If you provide any information that is false, inaccurate, out of date, or incomplete, or Thinkmap has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Thinkmap may suspend or terminate your account and refuse any and all current or future use of the products or services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that you incur in order to use the products or services.

5. PRIVACY POLICY

A) Information Collection and Use
Thinkmap is the sole owner of the information collected on this Site. Thinkmap will not sell, share, or rent this information to others in ways materially different from what is disclosed in this privacy policy.

B) Application for Employment
Potential job applicants may be requested to provide contact and other relevant information. This information is used solely to contact the user regarding employment applications. Thinkmap will use reasonable efforts to send all new applicants an email to verify receipt of employment inquiries.

C) Cookies
Thinkmap may utilize cookies as part of the log-in process for use of the Site and the Software, and to monitor compliance with the applicable License Agreement and these Terms of Use. A cookie is a piece of data stored on the user's hard drive containing information about the user.

D) Log Files
Thinkmap may use IP addresses to analyze trends, administer the Site, track user movement, and gather broad demographic information for aggregate use.

E) Links
The Site contains links to other Web sites. Please be aware that neither Thinkmap, nor any Thinkmap affiliates or Thinkmap licensors shall be responsible for the privacy practices of such other Web sites. Thinkmap encourages Site users to be aware when they leave the Site and to read the privacy policies of each and every Web site that collects personally identifiable information. This privacy policy applies solely to information collected by the Site.

F) Site User Requests for Information about Thinkmap; Mailing List
Site users wishing to sign up for our mailing list, or to receive press releases or access to other information via email, the Site or otherwise, may be requested to provide contact information and other relevant information. Our goal is to protect your privacy while providing you with information about our products and services that you want to review.

G) Security
Thinkmap takes reasonable precaution to protect its Site users' information and will use reasonable efforts to ensure that their information is protected both online and off-line. All of Thinkmapís usersí information is restricted in Thinkmapís offices. Only employees who reasonably need the information to perform a specific job are granted access to personally identifiable information. If you have any questions about the security at the Site, you can send an email to infoatThinkmap.com.

H) Correction/Updating Personally Identifiable Information
If a user's personally identifiable information changes (such as your zip code), or if a user no longer desires a service, Thinkmap will try to provide a way to correct, update, or remove that userís personal data provided to us. If you are on the Thinkmap mailing list, you can change the email address to which mailings are sent by emailing infoatThinkmap.com. Please be sure to include both the new address and the one it is replacing.

I) Choice/Opt-out
Users who no longer wish to receive information regarding Thinkmap or our products, or who wish to be removed from Thinkmapís mailing list may opt-out of receiving these communications by emailing Thinkmap at infoatThinkmap.com with "unsubscribe" in the subject.

J) Notification of Changes
This ďprivacy policyĒ is subject to change without notice. However, if Thinkmap decides to change its privacy policy, Thinkmap will use reasonable efforts to post those changes on the Site so Site users are always aware of what information Thinkmap collects, how Thinkmap uses it, and under what circumstances, if any, Thinkmap discloses it. Thinkmap will use information in accordance with the privacy policy under which the information was collected.

K) For more information
If you would like additional information about this Privacy Policy or any of the products or services offered by Thinkmap, please contact infoatThinkmap.com or write to us at Thinkmap, Inc., 599 Broadway, 9th Floor, New York, NY 10012.

6. COPYRIGHT NOTICE

Copyright © 2006 Thinkmap, Inc., 599 Broadway, 9th Floor, New York, New York 10012. All rights reserved.

7. TRADEMARKS

Plumb Design, Thinkmap, Informotion and Visual Thesaurus are either trademarks or registered trademarks of Thinkmap, Inc. or its affiliates or licensors. The names of other companies and products mentioned on or via the Site may be the trademarks of their respective owners. Reference to such third party trademarks is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship, or endorsement. Any rights not expressly granted herein are reserved.

8. MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and Thinkmap regarding your use of the Site, superseding any prior agreements between you and Thinkmap on the subject matter (including, but not limited to, any prior versions of the Terms of Use). In the event that any provision of these Terms of Use conflicts with the law under which these Terms of Use are to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over the parties, such provision shall be deemed to be restated to reflect as nearly as possible the economic effect of the original provision in accordance with applicable law. The remaining provisions of these Terms of Use and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law. These Terms of Use are governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of laws. Unless waived in its sole discretion by Thinkmap, the sole jurisdiction and venue for actions related to the subject matter hereof will be the New York state and federal courts having within their jurisdiction the Borough of Manhattan in the City of New York and both parties consent to the jurisdiction of such courts. The official language for this Agreement, and of any proceedings and writings amending or interpreting this Agreement, will be English. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

9. NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any copyright infringement exists on this Site, or any website with a link to this Site, please use the following process to notify Thinkmap. All claims of copyright infringement should be in writing and should be directed to Thinkmapís designated agent below:

Thinkmap, Inc.
599 Broadway
9th Floor
New York, NY 10012
Attn: General Counsel
Phone: 212-285-8600
Fax: 212-285-8999
E-mail: copyrightatThinkmap.com

Please include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single website are covered by a single claim, a representative list of such works at that website.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Thinkmap to locate the material.

4. Information reasonably sufficient to permit Thinkmap to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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