Confluent Technologies Inc. ("Confluent") provides the content in the Confluent web site (the "Site") subject to your compliance with the terms and conditions below.

PLEASE READ THIS BEFORE ACCESSING THE SITE. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE OR DOWNLOAD ANY SOFTWARE FROM THE SITE.

1.Limitation of Liability: Confluent disclaims all liability respecting the accuracy or inaccuracy and the validity or invalidity of any claims or statements contained in the Site. Further, Confluent makes no representations about the suitability or fitness for any particular purpose of any of the information, data, graphics or software contained on the Site or downloaded from the Site. All such information, data, graphics or software are provided without warranty of any kind, either express or implied by law. In no event shall Confluent be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the Site.

2. Recourse: If you are dissatisfied with the Site or the contents thereof or the products downloaded from the Site or any terms, conditions, rules, policies, guidelines, or practices of Confluent in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

3. Confidential Information: You authorize Confluent to collect from any party and to retain all relevant information relating to your use of the Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify Confluent to the contrary by e-mailing us, you further authorize Confluent to disclose, on a confidential basis, to any party with whom Confluent has business relations all information relating to your dealings with us and the Site, other than your credit card or other financial information.

4. Indemnity: You agree to defend, indemnify and hold Confluent and its affiliated and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys fees, related to any violation of this Agreement by you or users of your account, or in connection with your or their use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Site or on the Internet.

5. Trademarks: Fluition and other names, logos and icons identifying the Fluition software products and other Confluent products and services referenced herein are trademarks or registered trademarks of Confluent. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.

6. DISCLAIMER: THE SOFTWARE CONTAINED IN THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL CONFLUENT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES SUFFERED BY YOU OR ANYONE USING YOUR ACCOUNT IN THE COURSE OF USING THE SOFTWARE IN THIS SITE. USE OF THE PROGRAMS CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT(S) TO PAY CONFLUENT A SPECIFIED AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.

7. Miscellaneous. Confluent's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and the courts of the City of Toronto in the Province of Ontario shall have exclusive jurisdiction over this Agreement.