COPYRIGHT AND TRADEMARK LICENSE TERMS

NUMBERS OF PERSONS LICENSED: Unless otherwise agreed in writing by a senior officer of BERTL, all licenses to BERTL's services are provided on a 'per person basis'. This means that a one user license only licenses one person to use the BERTL service(s) they subscribed to. Licenses / subscriptions are nontransferable. The license to use BERTL's copyright material is incapable of assignment. BERTL services include, but are not limited to BERTL Reports, DataCheck, iTchat, MegaNet, BERTL Awards, and BERTL Research papers.

PERIOD/TERM OF LICENSE: If you have a legally valid license to access BERTL's copyright material, the license permits only those rights outlined in this agreement during the term of your subscription. All rights end on the final day of the term of your license. No rights to retain or use any BERTL copyrighted material subsists after the term has ended.

CONTRACTUAL LICENCED RIGHT(S): Under this license, the authorized user / subscriber has the right to view BERTL's copyrighted material, on a 'per session' basis, displayed on a computer terminal screen via BERTL's web pages / Internet server(s) only. The license permits authorized persons to download and view the copyright material in temporary RAM / Random Access Memory only (to enable it to be displayed on a computer screen). Authorized users of BERTL's services shall have the right to print (and retain only for as short a temporary time period as is reasonably required to read the printed material) a single paper (not electronic) copy of the BERTL copyright material which has been downloaded to RAM ( as outlined above). The right to print is provided for the sole purpose to allow the licensed user to time shift/ read the copyright material 'off line' (rather than on a computer screen). No right to retain any printed (or stored) copies of BERTL copyrighted material is granted. After reading the copyrighted material, the printed document must be destroyed and not retained, copied stored or distributed in any format. The document must be destroyed within a reasonable time frame (such time frame to be determined by the length of the report and a reasonable period of time required to read it). If / when the authorized user wishes to review / re-read any of BERTL's copyrighted reports, they can (and must) open and view it online whereupon they would have the same rights detailed herein. The maximum permitted number of reports which can be printed in any 24 hour period is limited to those that can reasonably be read, in a standard business day of 8 hours, by the authorized user accessing the report(s).

COPYRIGHT LAW: In addition to any contractual obligations under this license, regular Copyright law applies to all copyrighted materials within these services and no rights to distribute any copies to any third party is granted - this means that authorized users can not print, save, transmit or distribute copies for / to any third party in any format.

ITEMS NOT COVERED IN THIS LICENSE REQUIRE A SEPARATE SIGNED LICENSE: To use any of the copyrighted material for any purpose, or in any manner, not specifically permitted under this agreement, requires a Limited Release Reprint License which must be applied for in writing (prior to any form of copying, reprinting or distribution taking place); such license will not be legally valid unless / until it has been formally signed by an authorized officer of BERTL Inc.

NO OTHER AGREEMENT APPLIES: You agree that this license / agreement contains all the terms of the license / agreement - no other document or agreement (whether oral, written or recorded) pertains to your license/contract.

INFRINGEMENT & DAMAGES: If you infringe any BERTL copyright right you agree to pay BERTL appropriate compensation for each infringing action / publication (i.e.: if you illegally copy, store electronically or in any other form, print or otherwise distribute one item of BERTL's copyrighted material to three people it is 3 copyright infringements). BERTL retains all rights and is entitled to enforce the highest level of compensation against infringers, up to and including actual damages (including damages for consequential losses, costs and legal fees) up to the maximum penalty / compensation available under the law. You agree that the minimum compensation for any infringing activity shall be at least equal to the market price paid for a copyright release license; such figure to be calculated as the average price paid to BERTL for a worldwide copyright release license in the 6 months preceding the date of the infringing activity perpetrated by yourself. If you perform any illegal copyright infringement(s) / action(s) you (and the licensed party) can be held personally liable and prosecuted for a substantial financial payment for each and every infringement separately (financial compensation to be based upon actual and/or statutory damages - whichever is the greater sum). If you, or your organization, have provided any third party access to BERTL's services (either by giving printed/copied documents or access codes/access to unauthorized persons or by negligently or willfully providing the means for unauthorized persons to access BERTL's services) then you, and/or your organization, are vicariously liable for any infringements that are perpetrated by persons accessing BERTL's copyright material via your subscription / your organization's subscription and/or your actions or negligence. You agree that you will pay BERTL's reasonable legal costs if a court of law delivers a ruling that you are in breach of this agreement or have infringed BERTL's copyright or trademarks.

ILLEGAL ACTIONS: The following actions are illegal with BERTL's copyrighted material : Printing any BERTL material to Acrobat/PDF or any other form of electronic file, printing, copying, scanning, faxing, quoting from and / or publicizing / distributing any BERTL copyrighted material in any manner to any third party whatsoever. You may not use any data, comment, award grade, recommendation, test result, analysis nor any other copyrighted material contained in any BERTL material to produce any personal or commercial endorsement, denigration or 'recommendation-against' any product or service. Also prohibited are any/all of the following actions with any BERTL copyrighted material: replicating/copying/using BERTL trademarks and images, quoting from, adapting, digitizing, reproducing, publishing, republishing, modifying, enhancing, adapting, translating, using in association with other works, displaying, exhibiting, distributing, transmitting, publicly communicating, licensing, sublicensing, selling, renting, cataloging, backing up, archiving, or saving to any computer/computerized, electronic or other archiving system, including any database, index, translation or other derivative work. In the event that you are not legally authorized (under a contract with BERTL) to access BERTL copyrighted material - proceeding past this notice and/or accessing BERTL's copyrighted material is in itself an illegal infringement / action because you are not legally entitled to copy the material to your computer RAM / Random Access Memory or make any other form of copy of BERTL copyright material. You are prohibited from reproducing, copying or using any BERTL trademark.

CONTRACTUAL INTENT TO REMAIN INTACT: If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect.

LANGUAGE: The controlling language of this Agreement is English.

MODIFICATION OF TERMS: BERTL reserves the right to change the terms and conditions under which BERTL services are offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of BERTL services constitutes your agreement to all such changed terms and conditions.

ACCEPTANCE OF TERMS: If you proceed or access BERTL's copyrighted material you are deemed to have confirmed acceptance of all of these terms. If you have paid to subscribe to BERTL's service and you do not accept BERTL's license terms - BERTL will give you an automatic refund subject to the following two conditions (1) Neither you, or any person accessing BERTL's services via your subscription, has ever logged in, and (2) there is no formal written agreement (ie: for a bulk subscription) with you (or your organization) that overrides or complements BERTL's standard license.

DEFINITION OF BERTL: Within this license, the expression BERTL shall be deemed to refer to BERTL Inc.and any copyright, or trademark, owner that BERTL is acting as agent for / on behalf of.

JURISDICTION: You agree that the minimum standard for copyright and trademark law (including compensation for any copyright and/or trademark infringement) issues under this license/contract shall be the USA (Federal not State) Copyright and Trademark Act. You further agree that, in the event of any legal action or dispute under this contract/license, you submit to the jurisdiction of the New Jersey, USA, state court(s).

COPYRIGHT OWNER AND CONTACT DETAILS: All material in BERTL Reports, DataCheck, iTchat, MegaNet, BERTL Awards and BERTL Research papers is copyrighted property managed or owned by BERTL Inc. While every effort is made to ensure the accuracy of the data, BERTL accepts no responsibility for any inaccuracies or omissions in its Reports, Awards, Research papers, articles, or services. Contact / Representative details are as follows:

Website: www.bertl.com
E-mail: copyright@bertl.com
Tel: USA 973-882-0200
Fax: USA 973-882-0201

If you proceed or access BERTL copyrighted material you are deemed to have confirmed acceptance of all of these terms and conditions.