IMPORTANT- PLEASE READ THESE TERMS OF SERVICE CAREFULLY; THEY COMPRISE A LEGAL AGREEMENT BETWEEN YOU AND xAttic, Inc. (xAttic) Welcome to xAttic. We provide these services to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular xAttic services, you and xAttic shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. By using these services, you agree to be bound by and become a party to all the terms of these TOS, which shall be deemed to be a legally enforceable agreement ("Agreement?). Our services are not available to minors. If you do not qualify, please do not use our services.

Based on the flagship product of RenderX Inc., XEP Rendering Engine (http://www.renderx.com/FO2PDF.html), xAttic provides users with access to XSL FO rendering online which allows converting your XML files to PDF and PostScript. XSL FO Rendering Online is a Web-hosted service (?Service?) that enables you to convert XML documents into PDF and PostScript files that can be viewed using the free, widely distributed Adobe AcrobatR Reader. Your documents will retain their appearance and be accessible across a broad range of hardware and software. Supported formats include XSL FO, DocBook XML and XML+XSL files pair. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new xAttic services, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that xAttic assumes no responsibility for the content, timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for providing all equipment necessary to access the Service.

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and, if applicable, your company, as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or xAttic believes that such information is untrue, inaccurate, not current or incomplete, xAttic shall have the right (but not the obligation) to suspend or terminate your account, delete your information and refuse any and all current or future use of the Service (or any portion thereof).

You will receive a password and account designation upon completing the Service's registration process. You are solely responsible for maintaining the confidentiality of the password and account, and are solely responsible for all activities that occur under your password or account. You agree to (a) immediately notify xAttic of any unauthorized use or attempted use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session by closing all windows in your browser. xAttic cannot and shall not be liable for any loss or damage arising from your failure to comply with this Section 5.

You understand that any and all information, data, text, software, photographs, graphics, messages or other materials ("Content") transmitted to xAttic for rendering, are the sole responsibility of the person from whom such Content originated. This means that you, and not xAttic, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. xAttic does not control the Content transmitted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances shall xAttic be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: a. upload, post, email, transmit or otherwise make available any Content that is false, misleading, fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that could give rise to civil liability or constitute or encourage conduct that would violate any applicable law or regulation b. harm minors in any way, collect information from children in violation of any law or regulation; c. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. upload, post, email, 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, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email, 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; h. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; i. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; You acknowledge and agree that xAttic may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of xAttic, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge that the Service or any portion thereof may be subject to the export controls of the United States. You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You agree not to export, re- export, divert, transfer or disclose any portion of the Service or any technical information or materials, directly or indirectly in violation of any applicable law or regulation.

xAttic does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to any Content you submit or make available for inclusion in the Service, you grant xAttic a perpetual, world-wide, irrevocable, royalty free, non-exclusive and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the xAttic network of properties that are intended by xAttic to be available to the general public.

You agree to indemnify and hold xAttic, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

You acknowledge that xAttic may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on xAttic's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that xAttic has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that xAttic reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that xAttic reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

xAttic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that xAttic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Nothing in these TOS nor on any xAttic Web Site shall be construed as conferring upon you any license under any of the xAttic's intellectual property rights or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.

You agree that xAttic, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove, delete and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if xAttic believes that you have violated or acted inconsistently with the letter or spirit of the TOS. xAttic may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that xAttic may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that xAttic shall not be liable to you or any third party for any termination of your access to the Service. All rights of xAttic and all of your obligations under these TOS you shall survive the termination of the Service.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that xAttic shall not be 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 advertisers on the Service.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because xAttic has no control over such sites and resources, you acknowledge and agree that xAttic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that xAttic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. xAttic EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. xAttic MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM xAttic OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT xAttic SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF xAttic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, AND IN ANY CASE, XATTIC?S, ITS AFFILIATES, SUPPLIERS AND VENDOR?S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES. YOU HEREBY RELEASE XATTIC (AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED DISCLOSED AND UNDISCLOSED ARISING OUT OF OR INANY WAY CONNECTED TO THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT YOU HEREBY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION1542 WHICH PROVIDES: ? A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR?

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16AND 17 MAY NOT APPLY TO YOU.

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. (TIME)?In the event that you disagree with the changes to the TOS, you may choose not to use a specific service offered by xAttic. XAttic?s liability and your remedy in that case will be limited to the reimbursement of any unused part of the prepaid portion of the fees if the service is a paid service.

xAttic, the xAttic logo, and other xAttic logos and product and service names are trademarks of xAttic (the "xAttic Marks"). Without xAttic's prior permission, you agree not to display or use in any manner, the xAttic Marks.

xAttic respects the intellectual property of others, and we ask our users to do the same. 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 xAttic's Copyright Agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. 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; 6. 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. xAttic's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Roman Kagarlitsky c/o xAttic, Inc. 550 Hamilton Ave. Ste. 111 Palo Alto, CA 94301 By email: rak@renderx.com

You acknowledge and agree that any use of the Service contrary to the TOS or any transfer, sublicensing, copying or disclosure of technical information or materials relating to the Service may cause irreparable injury to xAttic, its affiliates, suppliers or other vendors and under such circumstances xAttic and its affiliates, suppliers or other vendors shall be entitled to equitable relief without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

The Service and/or any associated software or documentation, is provided to you with Restricted Rights, in accordance with DFARS Section 227.7202 and its subparagraphs. You acknowledge that if you are using the Service as a representative, employee or agent of the department of Defense or any other governmental entity of any county state or country, that the Service or any portion thereof is classified, in accordance with 252.227-7014 as ?Commercial Computer Software? and any documentation included in the Service. is classified as Commercial Computer Software Documentation, both of which were ?Developed exclusively at private expense by xAttic, Inc, 550 Hamilton Avenue, Suite 111, Palo Alto, CA 94301. You receive no rights to, nor any rights to modify or reproduce the Service, or any associated software or documentation.

The TOS constitute the entire agreement between you and xAttic and govern your use of the Service, superseding any prior or contemporaneous agreements between you and xAttic. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and xAttic shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and xAttic agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Santa Clara, California. The failure of xAttic to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. You and xAttic are independent contractors and no agency, partnership, joint venture, employee-employer relationship is intended or created by these TOS. The section titles in the TOS are for convenience only and have no legal or contractual effect.