ACAPPELLA SOFTWARE, INC. PRIVACY STATEMENT

At ACAPPELLA SOFTWARE, INC., we are committed to respecting your personal privacy and provide this Policy so as to assist you in understanding what information we collect when you visit our site and the care with which we intend to treat any information you provide to us.

General Information. When you visit our site, we are gathering certain limited non-personal information from your visit, such as the type of browser or operating system your computer is using or your IP address (a number assigned to your computer when you browse the Internet). We may also collect information on the number of visitors to our site, the pages they visited and how long they stayed. We use this to improve and enhance our site. None of this information includes any personal information about you nor permits us to identify who you are when you are visiting our site.

Personal Information. Acappella Software, Inc. does not collect any personal information, such as your name, street address, telephone number, credit card information or e-mail address, unless you voluntarily provide this information to us. When you do provide us with such personal information, it will only be used by Acappella Software, Inc. to fulfill your access to a variety of resources, materials, downloads, including business educational and technical news and information you have requested as well as requested information on our software or consulting services. Such personal information will not be sold, marketed or disclosed to any third party without your consent.

Security. Acappella Software, Inc. is aware of your concerns about keeping secure personal information you may have provided to us through our site and is committed to protecting against the loss, misuse or alteration of your information under our control.

Links to Other Sites. Although our site may provide links to other select Web sites on the Internet, please be aware that Acappella Software, Inc. is not responsible for the content or privacy practices of those sites.

Collecting Domain Information. Acappella Software, Inc. also collects domain information as part of its analysis of the use of this site. This data enables us to become more familiar with who visits our site, how often they visit and what parts of the site they visit most often. Acappella Software, Inc. uses this information to improve its web-based offerings. This information is collected automatically and requires no action on your part.

Use of Cookies. Acappella Software, Inc. does not use "Cookies."

Changes To Your Personal Information. If you choose to provide us with personal/business information and later wish to have that information corrected, changed, updated or removed from our servers or if you wish not to receive communications from us in the future, please contact us with such requests by using either the postal address or the e-mail address listed below:

Acappella Software, Inc. info@acappellasoftware.com

Attention: Customer Care Center

3 Rye Ridge Plaza, PMB 196

Rye Brook, NY 10573

Revisions. This Privacy Policy may be revised from time to time at the discretion of Acappella Software, Inc. You should periodically revisit this page to stay informed of our current Privacy Policy.

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TERMS AND CONDITIONS OF USE

Acceptance of Terms. The services and/or materials Acappella Software Inc. ("Acappella Software") provides to you in connection with this web site ("Site") are subject to the following Terms and Conditions of Use ("Terms"). By accessing, using, or registering to use the Services and/or Materials (as defined herein) from this Site you agree to follow and be bound by these Terms as well as any applicable law. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS SITE.

Description of Services. Acappella Software may provide you with access to a variety of resources, materials and downloads, including business, educational and technical news and information (collectively, "Services"). The Services, including any updates and enhancements, are subject to the Terms.

Materials Available Pursuant to the Site. Subject to the Terms, Acappella Software authorizes you to view and use/download the information and materials obtained from this Site directly or sent by Acappella Software via email or post pursuant to a request by you via the Site (collectively, "Materials"), provided that: (1) you retain all copyright, trademark, patent and other proprietary notices contained in the original Materials on any copies of the Materials; and (2) your use of the Materials is subject to the Limitation of Use restrictions set forth herein. There may be instances when, due to technical difficulties, downloads may not always be available.

Limitation on Use. Unless otherwise specified in the Terms and/or the Acappella Software License Agreement, the Services are for your personal and non-commercial use within your organization. You may not modify, copy, distribute, transmit, display, perform, reproduce, reprint, publish, republish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services without the express written permission of Acappella Software. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any Materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by Acappella Software via email or post). Any modification or use of the Materials or the site for any other purpose is a violation of Acappella Software's copyright and proprietary rights and is strictly prohibited.

Confidentiality. You may obtain direct access via the Site to certain confidential information of Acappella Software and its suppliers, including without limitation technical, contractual, product, program, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Acappella Software and its suppliers. Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Acappella Software's written request, you must cease use of Confidential Information and return or destroy it. The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from Acappella Software, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Acappella Software adequate to afford Acappella Software the opportunity to object to the disclosure.

Links To Other Web Sites. Links to third party web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed all of these third party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimers/Warranty. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS OF THE ACAPPELLA SOFTWARE LICENSING AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED ON THE LICENSING AGREEMENT, ALL SOFTWARE, MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACAPPELLA SOFTWARE, FOR ITSELF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (IF ANY) AND SUPPLIERS, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Neither Acappella Software, nor its affiliates and their respective licensors (if any) and suppliers, warrant the accuracy, completeness or quality of any of the Materials or Services.

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL ACAPPELLA SOFTWARE, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS (IF ANY), OR ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, SOFTWARE OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. This site is controlled and operated by Acappella Software from its offices in the United States of America. Acappella Software makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.

Export Laws. Software, services, materials, tools, and technical data delivered by or to Acappella Software may be subject to U.S. export controls or the trade laws of the country where you reside. You and Acappella Software agree to comply with all export control regulations and acknowledge that they have the responsibility to obtain such licenses to export, re-export or import as may be required. You and Acappella Software agree not to export or re-export to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export laws. You and Acappella Software will not use or provide software, services, materials, tools, and technical data for nuclear, missile, or chemical biological weaponry end uses.

Indemnity. You agree to indemnify and hold Acappella Software and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your submission, your use of or connection to the Site (including any use by you on behalf of your employer), your violation of the Terms, or your violation of any rights of another.

Jurisdiction and Venue. These Terms are to be governed and construed by the substantive law of the State of Delaware exclusive of choice of law rules. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this Site, each party to the Terms and Conditions of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the State of Delaware and waives any jurisdictional or inconvenient forum objections to such courts.

Waiver. The failure of Acappella Software to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms 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 Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the foregoing, Acappella Software products are governed separately by the Acappella Software License Agreement.

Safe Harbor Statement. Except for the historical information and discussions contained herein, statements contained on this Site may constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These statements involve a number of risks, uncertainties and other factors that could cause actual results to differ materially, including but not limited to the following: the receipt and shipment of new orders, the timely release of enhancements to the company's products, the growth rates of certain market segments, the positioning of the company's products in those market segments, variations in the demand for customer service and technical support, pricing pressures and the competitive environment in the software industry, business and consumer use of the Internet, and the company's ability to penetrate international markets and manage its international operations. The company undertakes no obligation to update information contained in this release.

Communications and Submissions. Subject to Acappella Software's Privacy Policy, any information you submit to Acappella Software, including, but not limited to , comments, suggestions, questions, ideas, feedback or the like regarding the site, Material or Acappella Software and its products and services ("Information") shall be deemed to be non-confidential and non-proprietary and Acappella Software shall have no obligation of any kind with respect to such Information. Such Information shall immediately become the exclusive property of Acappella Software and Acappella Software shall be free to use any ideas, concepts, submissions, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, reproducing, using, disclosing, displaying, distributing, transmitting, performing and creating derivative works and developing, manufacturing and marketing products and other items incorporating such Information without compensation to the provider of such Information, in any manner and for any purpose whatsoever, commercial or otherwise.

Privacy Policy. Acappella Software's current Privacy Policy is incorporated herein by reference.

Revisions. Acappella Software may update these terms at any time without notice by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. If you have comments or questions about our privacy policy, please Contact Us. We will address any issue to the best of our ability.

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PATENTS & TRADEMARKS

"Acappella Software Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Acappella Software uses in connection with its products and services. You may not remove or alter any Acappella Software Trademarks, or co-brand your own products or material with Acappella Software Trademarks, without the prior written consent of Acappella Software. You acknowledge the rights of Acappella Software in Acappella Software Trademarks and other intellectual property and agree that any use of Acappella Software Trademarks and their other intellectual property by you shall inure to the sole benefit of Acappella Software. You agree not to incorporate any Acappella Software Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies. Furthermore, nothing contained in this site should be construed as granting, by implication, estoppel, or otherwise any license or right to use any trademark, copyright, patent or other proprietary right of Acappella Software without the written permission of Acappella Software.

Here is a recent list of Acappella Software Trademarks.

Acappella®

Telamon™ Platform

The names of actual companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.

Telamon™ Platform is a patented technology in the U.S. Patent #6,529,889 and #6,910,027. Additional U.S. and corresponding foreign patent applications are pending.