These Terms of Use were last updated on June 30, 2008.

By accessing and using the Optera web site, optera.com (the "Web Site"), you are agreeing to be legally bound by these Terms of Use. By using the Optera Web Site, you represent that you are 18 years or older and agree to abide by the following Terms of Use. If any of these terms are unacceptable to you, you may not access the Optera Web Site until agreement has been reached between you and Optera as to the applicable terms of use. The terms "you" and "User" refer to anyone who accesses the Optera Web Site.

As you browse through the Optera Web Site you may access other web sites that are subject to different terms of use. When you use those sites, you will be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and the other terms of use, the other terms of use will govern with respect to use of such pages.

Optera may change these Terms of Use at any time without notice. Changes will be posted at optera.com under "Terms of Use". Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.

•  USE OF THE OPTERA WEB SITE.

Optera hereby grants you a non-exclusive, non-transferable, limited license to access and use the web site for the fees, if applicable, and under the terms set forth below.

The Web Site and the content, including, but not limited to, text, data, reports, ratings and other opinions, images, photos, graphics, graphs, charts, animations and video (the "Content"), displayed on the web site, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of Optera.

The Content is the property of Optera or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Web Site may be registered or unregistered marks of Optera or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of Optera or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.

You may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of Content, for a non-commercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the Web Site, the original source attribution, and the phrase "Used with permission from Optera (optera.com)". However, you may not post any Content from the Web Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other web sites, without the prior written consent of Optera. To request consent for other matters, you may contact Optera at info@optera.com.

You may not use the Web Site for any unlawful purpose. You shall honor all reasonable requests by Optera to protect Optera proprietary interests in the Optera Web Site.

•  LIMITATION ON OPTERA WARRANTIES AND LIABILITY

You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Web Site. Optera will not pay you any damages in connection with your browsing or use of the Web Site.

Due to the number of sources from which the Content is obtained, and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. OPTERA MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING OPTERA WEBSITE, OPTERA WEBSITE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE OPTESENSE WEBSITE. OPTERA HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OF NONINFRINGEMENT. OPTERA SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL OPTERA BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE OPTESENSE WEBSITE. NEITHER OPTERA NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL OPTERA, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.

•  LINKS TO OTHER WEB SITES.

You may, through hypertext or other computer links, gain access to web sites operated by persons other than Optera. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites' owners. You agree that Optera is not responsible for the content or operation of such web sites, and that Optera shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that Optera endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the Optera Web Site. Optera assumes no responsibility for the use of third party software on the Optesense Web Site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

•  TIMELINESS OF CONTENT

The Content displayed on the Web Site, including, but not limited to, reports and other opinions, are current as of the date appearing on the report and are subject to change without notice.

•  THE USER'S CONTENT

The User grants to Optera the non-exclusive right to use all material entered into the Optera Website by the User (other than third-party material transmitted through private electronic mail) in any of Optera's print or electronic publications.

Users entering material into the Optera Web Site are responsible for the content of that material. Optera has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Optera Website. However, Optera retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that Optera deems to be illegal, offensive, or otherwise inappropriate.

You may not input or distribute any material through the Optera Website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of Optera.

The User agrees to indemnify Optera from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that Optera, its affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into the Optera Website with the use of the User's screen name or password.