1. Payment
Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice.  On any amounts not paid when due, customer agrees to pay interest at the rate of 1-1/2% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then the highest rate allowed by law.  In addition, customer agrees to pay all costs of collection, including costs of litigation and reasonable attorney's fees.  BlueOrbb.com reserves the right to obtain a security interest in the products sold to customer, and in proceeds thereof, until payment is made in full by customer.  Customer agrees to execute financing statements and other instruments at BlueOrbb.com's request.  A $15.00 collection fee will be charged for all dishonored checks.

2. Taxes
Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes.  All such duties or taxes shall be paid by customer, or, in lieu thereof, customer shall provide BlueOrbb.com with an appropriate tax exemption certificate.  Taxes are not applicable for items delivered online in accordance to the Internet Tax Freedom Act (ITFA) signed into law in October 1998.  For more information on the ITFA, refer to: http://www.house.gov/chriscox/nettax/.

3. Title
Title to products passes from BlueOrbb.com to customer upon shipment from BlueOrbb.com's facility.

4. F.O.B. and Risk of Loss
Unless otherwise stated on the face hereof, all shipments (if not delivered electronically) are F.O.B. BlueOrbb.com's Toronto, Ontario, Canada facility.  BlueOrbb.com's liability for delivery shall cease, and title and all risk of loss or damage shall pass to customer upon delivery to carrier.

5. Disclaimer of warranty
THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE.  SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT BLUEORBB NETWORKS OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

6. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLUEORBB NETWORKS OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.  IN ANY CASE, BLUEORBB NETWORKS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY BLUEORBB NETWORKS UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF BLUEORBB NETWORKS TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. BLUEORBB NETWORKS IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

7. Product returns and registration code(s)
All sales made at BlueOrbb.com are final.  All fees and other payments made are non-refundable.  In the event that the customer discloses his personal registration code(s) to other parties who have not paid, BlueOrbb Networks is not obligated to remedy any loss of fees and other payments, or to provide the customer with replacement code(s).  The customer is responsible for keeping his or her registration code(s) safe.  BlueOrbb Networks will not be held liable if the registration code(s) are misplaced or lost.

8. Component resale
Customer shall not engage in the business of reselling components purchased from BlueOrbb.com, or remove components from product for resale, except upon express prior written authorization of BlueOrbb Networks.

9. Assignment
Customer may not assign its rights or obligations hereunder without the express prior written consent of BlueOrbb.com.

10. Entire agreement
These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders or any other terms and conditions shipped by Seller with the product.  This agreement shall be binding upon the heirs, successors and assigns of the parties hereto.  If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.

11. Governing law, jurisdiction and costs
This agreement is governed by the laws of the Government of Ontario, without regard to its conflict or choice of law provisions.  Customer acknowledges and agrees that Ontario is an appropriate place for venue of any litigation and that Ontario courts have jurisdiction over this agreement and customer.  In the event the customer and BlueOrbb.com are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred.

12. Terms and Conditions
This sale is subject to the terms and conditions stated herein, which are in lieu of and replace any and all terms and conditions set forth in any documents issued by customer, including, without limitation, purchase orders and specifications.  In case of conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control.  ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY BLUEORBB.COM, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON BLUEORBB.COM.