ROCK SOFTWARE, INC.

TERMS OF USE
Mobile Applications
(EFFECTIVE AS OF May 1, 2010)

PLEASE READ CAREFULLY

Rock Software, Inc. is headquartered at 15375 BARRANCA PKWY BLDG C-102, IRVINE, CA 92618. Should you have any questions concerning this Agreement, need technical support or have complaints or claims with respect to the Licensed Application (as defined below), you may contact Rock Software by emailing support@rocksoftware.com. For further information, please visit http://www.rocksoftware.com/support/
This Rock Software, Inc. Terms of Use Agreement (this "Agreement") is a legal agreement between you and Rock Software, Inc. ("Rock Software", "we", "us" or "our") providing, among other things, the terms and conditions for your use of Rock Software's application ("App") delivered via the Apple Store or any other mobile phone provider of applications (the "Site"), for the iPhone or iPod Touch, or otherwise, and your use of the version of the App made available to you in the Apple Store or any other provider of mobile phone applications for use on the iPhone or iPod Touch, or otherwise ("Licensed Application"). This Agreement is concluded between you and Rock Software only, and not with Apple, Inc. or any other provider of mobile phone applications ("Providers"). In addition, Rock Software, not Provider, is solely responsible for the service, the Licensed Application and the content thereof. You and Rock Software acknowledge and agree that Provider are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Rock Software may from time to time modify these terms of use and will post a copy of the amended Agreement at http://www.rocksoftware.com/terms/. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Licensed Application (as defined above) or, if applicable, cancel your Licensed Application subscription. You will be deemed to have accepted the Agreement as amended if you continue to use the Licensed Application after any amendments are posted on the Site. PARENTAL ADVISORY. IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. THE LICENSED APPLICATION IS NOT DESIGNED TO ATTRACT CHILDREN UNDER THE AGE OF 13 AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR SITE. BECAUSE THE LICENSED APPLICATION MAY PROVIDE ACCESS TO CONTENT THAT IS NOT PRESCREENED BY ROCK SOFTWARE AND MAY CONTAIN EXPLICIT CONTENT INCLUDING STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE, PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGES 13 TO 17.
THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE LICENSED APPLICATION, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE LICENSED APPLICATION, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE LICENSED APPLICATION. YOU MAY BE DENIED ACCESS TO THE LICENSED APPLICATION, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.

1. AUTHORIZED USERS

1.1 U.S. Residents; Age Requirement; Authority. In order to use the Licensed Application, you must be a resident of the United States of America and at least 13 years of age. You represent and warrant that (i) you have read and understood, and that you agree to be bound by, this Agreement; (ii) you are at least 13 years old, (iii) you are a resident of the United States of America (iv) you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (v) and you are not listed on any US Government list of prohibited or restricted parties. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access the Licensed Application.

1.2 Registration. To use any aspect of the Licensed Application, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the "Account Information"). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. Rock Software will use your Account Information in accordance with its privacy policy [www.rocksoftware.com/terms/]. By providing Rock Software your email address, you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address, or for subscribers to mobile Services (other than the Licensed Application), your mobile telephone number, to send you other messages, including information about Rock Software and special offers. You may opt out of such email by changing your account settings or sending an email to opt-out@rocksoftware.com. You may opt out of push notifications on your device (where compatible) by going into the settings feature on your device. You may opt out of mobile text messages by sending an email to support@Rocksoftware.com. You may also opt out of mobile text messages and/or non-Service-related emails by sending mail to the following postal address:

Customer Support
Rock Software, Inc.
15375 Barranca Pkwy, Bldg. C-102
Irvine, CA 92618

Opting out may prevent you from receiving messages regarding Rock Software or special offers.

1.3 Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Rock Software will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Rock Software, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

1.4 Security. To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, Rock Software uses appropriate physical, technical and administrative procedures to safeguard the information we collect.

2. LICENSE TO THE LICENSED APPLICATION

2.1 License Grant. Rock Software grants to you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to use the Licensed Application on any iPhone, iPod Touch or any other mobile phone device that you own or control as permitted by the Usage Rules set forth in the Provider’s Terms of Service. If you subscribe to the Licensed Application, this license is contingent upon your payment of any applicable application or subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this Section 2.1 may result in the immediate termination of your right to use the Licensed Application. Rock Software reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE LICENSED APPLICATION NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

2.2 Updates, Maintenance and Support. Rock Software may from time to time make available to all users of the Licensed Application, updates at no cost or subject to additional fees in Rock Software's sole discretion. "Updates" means any updates, upgrades or error corrections to the Licensed Application that Rock Software makes available generally to users of the Licensed Application. Notwithstanding anything else contained in this Agreement, Rock Software will have no obligation to continue producing or releasing new versions of the Licensed Application or any updates thereto. Rock Software is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement, or as required under applicable law.

3. RESTRICTIONS

You agree that you will not:
3.1 use the Licensed Application to reproduce copyrighted materials;
3.2 copy, store, edit, change, prepare any derivative work of or alter in any way any of the content posted or streamed through the Licensed Application;
3.3 make the Licensed Application available over a network where it could be used by others;
3.4 provide your password to any other person;
3.5 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Licensed Application or any portion of them;
3.6 circumvent any technology used by Rock Software or its licensors to protect content accessible via the Licensed Application;
3.7 rent, lease or sublicense the Licensed Application;
3.8 use this site for any purpose other than for your personal and non-commercial use, or
3.9 use the Licensed Application in any way that violates the terms of this Agreement.

4. CONTENT AND MEMBER CONDUCT

4.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Rock Software, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Licensed Application. Rock Software does not control the Content posted via the Licensed Application and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Licensed Application, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Rock Software be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Licensed Application.

4.2 You agree to not use the Licensed Application to:
a. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Rock Software official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through via the Licensed Application;
e. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, transmit or otherwise make available any Content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Licensed Application servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the Licensed Application;
k. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

4.3 You acknowledge that Rock Software may or may not pre-screen Content, but that Rock Software and its designees shall have the right (but not the obligation) in their sole and absolute discretion to pre-screen, refuse, or remove any Content that is available via the Licensed Application. Without limiting the foregoing, Rock Software and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

5. INTELLECTUAL PROPERTY RIGHTS AS BETWEEN ROCK SOFTWARE AND YOU

5.1 As between you and Rock Software, you acknowledge that Rock Software owns or has a license to all title and copyrights in and to the Licensed Application. All title and intellectual property rights in and to any licensed content in the Licensed Application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

5.2 Certain Rock Software trademarks, service marks, graphics, and logos (collectively, the "Rock Software Trademarks") may be used in connection with the Licensed Application. The Licensed Application may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Rock Software Trademarks or the trademarks of any third party.

5.3 Rock Software does not claim ownership of the Submission uploaded, posted, transmitted or otherwise made available via the Licensed Application. However, by submitting, posting or displaying any content, ideas, graphics, or other information communicated to Rock Software through the Licensed Application (together, the 'Submission'), you grant us an irrevocable, perpetual, worldwide, unrestricted, non-exclusive, royalty-free and fully transferable, assignable and sub-licensable right and license to use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, sell, translate, excerpt, adapt, create derivative works, incorporate it in other works in any form, media, software or technology of any kind now known or developed in the future and distribute (through multiple tiers) such Submission and any name, likeness, image, voice, or biographical data contained therein or collected by Rock Software in any and all media or distribution methods (now known or later developed) for any purposes whatsoever including, without limitation, for advertising, marketing, publicity and promotional purposes, such as developing, manufacturing and marketing products and targeted advertisements. You agree that this license includes but is not limited to the right for Rock Software to make such Submission available to other companies, organizations or individuals who partner with Rock Software for the syndication, broadcast, distribution or publication of such Submission on other media and services, subject to our terms and conditions for such Submission use. Such additional uses by Rock Software, or other companies, organizations or individuals who partner with Rock Software, may be made with no compensation paid to you with respect to the Submission that you submit, post, transmit or otherwise make available through the Licensed Application. We may modify or adapt your Submission in our sole discretion. You hereby waive any "droit moral" or "moral rights" (or any similar rights in any jurisdiction) you may have in the Submission even if such material is altered or changed in a manner not agreeable to you. You are responsible for your use of the Licensed Application, for any Submission you provide, and for any consequences thereof, including the use of your Submission by other users and our third party partners. You understand that your Submission may be rebroadcasted by Rock Software or our partners and if you do not have the right to submit Submission for such use, it may subject you to liability. Rock Software will not be responsible or liable for any use of your Submission by Rock Software in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Submission that you submit. You hereby acknowledge and expressly agree that the rights, licenses and privileges described in section 5.3 and granted to Rock Software, or other companies, organizations or individuals who partner with Rock Software, shall commence immediately upon the communication of the Submission to Rock Software and shall continue thereafter perpetually and indefinitely, regardless of whether you continue to use the Licensed Application and shall survive the termination of (a) this Agreement, or (b) your right to use the Licensed Application.

6. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Rock Software respects the intellectual property of others, and we ask our users to do the same. Rock Software may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Rock Software the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Claims of copyright or other intellectual property infringement should be addressed as follows:

By mail:
Rock Software
Intellectual Property Complaints
15375 Barranca Pkwy, Bldg. C-102
Irvine, CA 92618

By fax: (949) 861-9090
By email: support@rocksoftware.com

7. SECURITY

The Licensed Application use technology to protect the digital information provided by Rock Software from unauthorized use. Your use of the Licensed Application may be limited by such technology. You acknowledge that, from time to time, Rock Software may modify or discontinue using such technology. Security modifications made by Rock Software may from time to time include required updates to the Licensed Application. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.

8. PRIVACY POLICY

Rock Software cares about your privacy. It is important that you read and understand the terms of Rock Software's Privacy Policy. You acknowledge, consent and agree that Rock Software may, without notice to you, access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Licensed Application; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Rock Software, its users and the public. in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Licensed Application.

9. AGREEMENT TO PAY

If you elect to become a subscriber to the Licensed Application, you agree to pay all fees and charges associated with your subscription on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You will maintain valid credit card information in your Account Information.

10. TERM

This Agreement will remain effective until terminated by you or terminated by us. You may terminate these Terms of Service by discontinuing use of the Licensed Application and by destroying all your copies thereof. This Agreement shall terminate automatically if you violate any term hereof. Your obligations in this Agreement survive any termination of this Agreement.

11. DISCLAIMERS

11.1 THE LICENSED APPLICATION (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE LICENSED APPLICATION WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROCK SOFTWARE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ROCK SOFTWARE MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE LICENSED APPLICATION WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ROCK SOFTWARE DISCLAIMS ANY LIABILITY RELATING THERETO.

11.2 ROCK SOFTWARE MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE LICENSED APPLICATION WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, ROCK SOFTWARE MAY MODIFY, SUSPEND, OR DISCONTINUE THE LICENSED APPLICATION (INCLUDING ANY CONTENT) OR YOUR USE OF IT. WHENEVER ROCK SOFTWARE ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE LICENSED APPLICATION, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

11.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. ROCK SOFTWARE DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

11.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE ROCK SOFTWARE SERVICES. ROCK SOFTWARE WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.

11.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE ROCK SOFTWARE SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT ROCK SOFTWARE ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
12. LIMITATION OF LIABILITY

12.1 IN NO EVENT WILL ROCK SOFTWARE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF ROCK SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ROCK SOFTWARE OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

12.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, ROCK SOFTWARE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE LICENSED APPLICATION AT ISSUE.

13. INDEMNITY

YOU WILL INDEMNIFY AND HOLD ROCK SOFTWARE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE ROCK SOFTWARE SERVICES.

14. GENERAL INFORMATION

14.1 Rock Software or its business partners may present advertisements or promotional materials via the Licensed Application. Your dealings with, or participation in promotions of any third-party advertisers via the Licensed Application are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Rock Software is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Rock Software Services.

14.2 The Licensed Application may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.

14.3 The Licensed Application is owned or licensed by Rock Software and is protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

14.4 This Agreement will be governed by the laws of the State of California. The exclusive jurisdiction for any claim, action or dispute with Rock Software or relating in any way to your use of the Rock Software Services will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Orange, California.

14.5 Should you have any questions concerning this Agreement or need technical support, you may contact Rock Software support by visiting http://www.rocksoftware.com/support/.

14.6 Rock Software may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on Site, as determined by Rock Software in its sole discretion. Rock Software reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.

14.7 A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15. DISPUTES BETWEEN ROCK SOFTWARE AND YOU

15.1 In the event a claim, dispute or other matter arises with respect to this Agreement, the Parties shall endeavor to settle the dispute by mediation in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association currently in effect. The mediation shall take place in Irvine, California. The request for mediation shall be filed in writing with the other Party and the American Arbitration Association. A request for mediation shall be made within thirty (30) days after the claim, dispute or other matter in question arises. In no event shall the request for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of repose or limitations.

15.2 In the event the mediation proceeding fails to resolve the claim, dispute or other matter in question, the Parties shall endeavor to settle the dispute, claim or other matter in question by arbitration in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association, or its successor, currently in effect. The arbitration shall take place in Irvine, California, and shall be presided over by a single, neutral third party other than the mediator in the aforementioned mediation proceeding. A demand for arbitration shall be filed in writing with the other Party to this Agreement and with the American Arbitration Association. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of repose or limitations.

15.3 SUBJECT TO THE OBLIGATION OF THE PARTIES PURSUANT TO THIS AGREEMENT TO FIRST ATTEMPT TO RESOLVE THEIR DISPUTES THROUGH MEDIATION AND ARBITRATION, THE PARTIES IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE SUPERIOR COURT FOR ORANGE COUNTY, CALIFORNIA, FOR ALL DISPUTES RELATIVE TO THE CONSTRUCTION AND ENFORCEMENT OF THIS AGREEMENT AND FURTHER CONSENT THAT ANY PROCESS, NOTICE, MOTION OR OTHER APPLICATION TO EITHER SUCH COURT OR JUDGE THEREOF MAY BE SERVED OUTSIDE THE STATE IN WHICH THE COURT IS LOCATED BY REGISTERED OR CERTIFIED MAIL OR BY PERSONAL SERVICE, PROVIDED THAT A REASONABLE TIME FOR APPEARANCE IS ALLOWED; PROVIDED, HOWEVER, THAT IF FEDERAL LAW APPLIES, THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SHALL HAVE SUCH JURISDICTION. THE PARTIES AGREE THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND FINAL AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT (TO THE EXTENT PERMITTED UNDER APPLICABLE LAW) OR IN ANY OTHER MANNER PROVIDED BY LAW. THE PARTIES FURTHER WAIVE ANY OBJECTIONS TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF INCONVENIENT FORUM. THE PARTIES FURTHER AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST ANY OTHER PARTY RELATING TO OR ARISING OUT OF THIS AGREEMENT SHALL BE BROUGHT ONLY IN THE STATE OF CALIFORNIA OR UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.