PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE FOR THE NetFabric Holdings Inc (“NetFabric”) WEB SITES BEFORE USING THE SITES.

THE CONTENTS OF THESE SITES ARE FOR INFORMATIONAL PURPOSES ONLY. BY USING THESE SITES, YOU ARE ASSENTING TO THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THESE SITES IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS.

1. HOW NETFABRIC MAY MODIFY THIS AGREEMENT
NetFabric reserves the right to change the terms, conditions, and notices under which it offers the NetFabric Web sites. NetFabric will provide a link on the homepage to keep you informed of changes to the Terms and Conditions. Your continued use of the NetFabric Web sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

2. INFORMATION AVAILABLE FROM THE NETFABRIC WEB SITES
The information available from the NetFabric Web sites may include inaccuracies or typographical errors, even if such information appears in any e-mail, pager, cell phone or other alerts available through the NetFabric Web sites. Nothing contained in the NetFabric Web sites constitutes an offer or solicitation to buy or sell any product or service. NetFabric does not endorse or recommend any particular product or service, including financial products or services.

3. TERMINATION; ACCESS RESTRICTION
NetFabric may terminate this Agreement, or terminate or suspend your access to the NetFabric Web sites at any time, with or without cause, and with or without notice. User may terminate this agreement at any time as well by giving NetFabric 14 days notice in writing. Upon such termination or suspension, your right to use the NetFabric Web sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE NETFABRIC WEB SITES MAY NOT BE RETRIEVED LATER.

4. JURISDICTION
This Agreement is with NetFabric Holdings, Inc., claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Delaware, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of the State of Delaware. By your use of these Web sites, as provided by NetFabric Holdings, Inc., you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in the State of Delaware in all disputes arising out of or relating to the use of the NetFabric Web sites.

5. SEVERABILITY
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. NetFabric may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the NetFabric Web sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and NetFabric with respect to the NetFabric Web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NetFabric with respect to the NetFabric Web sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

6. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE NETFABRIC WEB SITES
The NetFabric Web sites are only for your personal use. You may not use the NetFabric Web sites for commercial purposes. You may not use the NetFabric Web sites in any way that is unlawful, or harms NetFabric, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "NetFabric Party" and collectively, the "NetFabric Parties") or any customer of a NetFabric Party, as determined in NetFabric's sole discretion. NetFabric may tell you about certain specific harmful uses in a code of conduct or other notices available through a NetFabric Web site, but has no obligation to do so. You may not use the NetFabric Web sites in any way that breaches any code of conduct, policy or other notice applicable to the NetFabric Web sites. Without limiting the generality of this section, you may not use the NetFabric Web sites in any manner that could damage, disable, overburden, or impair any NetFabric Web site (or the network(s) connected to any NetFabric Web site) or interfere with any other party's use and enjoyment of the NetFabric Web sites.

7. NETFABRIC MAKES NO WARRANTY
NETFABRIC PROVIDES THE NETFABRIC WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NETFABRIC PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE NETFABRIC PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE NETFABRIC WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

8. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY NETFABRIC PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE NETFABRIC WEB SITES, EVEN IF SUCH NETFABRIC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE NETFABRIC WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY NETFABRIC PARTY WITH RESPECT TO THIS AGREEMENT OR THE NETFABRIC WEB SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETFABRIC WEB SITES.

9. ADDITIONAL LIABILITY LIMITATION
AS YOU USE THE NETFABRIC WEB SITES, YOU SHOULD EXPECT TO RECEIVE, ACCESS OR USE INFORMATION, MATERIALS, GRAPHICS, SOFTWARE, DATA AND CONTENT (COLLECTIVELY, "CONTENT") ORIGINATED BY NETFABRIC AND PERSONS OTHER THAN NETFABRIC (ANY SUCH PERSON IS REFERRED TO AS A "THIRD PARTY" OR “THIRD PARTIES’). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE NETFABRIC PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT NETFABRIC IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT MAY AFFECT YOUR ACCESS TO OR USE OF THE NETFABRIC WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE NETFABRIC WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY DOWNLOADS, TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE NETFABRIC WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE NETFABRIC WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 7, 8 AND 9 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU BY LAW.

10.YOU HAVE LIMITED TIME TO BRING ANY CLAIM
USER AND NETFABRIC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NETFABRIC WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

11. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the NetFabric Web sites are Copyright © 2004-2005 NetFabric Holdings, Inc. except as otherwise denoted on any particular NetFabric Web site page. All rights reserved. NetFabric, the logo, and/or other NetFabric products and services referenced herein may also be either trademarks or registered trademarks of NetFabric in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.