AIM Services, Inc. Terms and Conditions of Sale

(Applies to all purchases from AIM Services, Inc.)

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

These terms and conditions ("Agreement") apply to your purchase of products and/or services and support ("Product") sold by AIM. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify AIM and return your purchase pursuant to AIM's Return Policy.

1.Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and AIM.

2.Payment Terms; Orders; Quotes; Interest. Terms of payment are within AIM's sole discretion, and unless otherwise agreed to by AIM, payment must be received by AIM prior to AIM's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by AIM. AIM may invoice parts of an order separately. AIM is not responsible for pricing, typographical, or other errors in any offer by AIM and reserves the right to cancel any orders resulting from such errors.

3.Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from AIM to Customer on shipment. Loss or damage that occurs during transit is your responsibility. You must notify AIM within 14 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide AIM with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.

4.Warranties. YOUR SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER OR PUBLISHER (AIM IS NOT THE MANUFACTURER). AIM MAKES NO EXPRESSED OR IMPLIED WARRANTIES. AIM HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE.AIM MAKES NO WARRANTIES FOR PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY THE ORIGINAL MANUFACTURER OR PUBLISHER, NOT BY AIM. ALL PRODUCTS AND/OR SERVICES PROVIDED BY AIM AND ITS EMPLOYEES AND AGENTS ARE PROVIDED "AS IS," "WHERE IS," AND "WITH ALL FAULTS."

5.Software. All sales of software and licenses are final. All software is provided subject to a license agreement and you agree that you will be bound by such license agreement in addition to these terms. Title to software remains with the applicable licensor(s). AIM and its suppliers do NOT warrant that the functions of the Software will meet your requirements or that operation of the Software will be uninterrupted or error free. You assume responsibility for selecting the Software to achieve your intended results and for the use and results obtained from the Software. .

6.Return Policies; Exchanges. AIM's return policy can be found on back of or attached to this document and you agree to those terms. You must contact AIM directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original unopened packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by AIM, AIM is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At AIM's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.

7.Service and Support. Service offerings may vary from Product to Product. In addition to these terms and conditions, AIM and/or your third-party service provider may in their discretion revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. AIM has no obligation to provide service or support until AIM has received full payment for the service/support contract you may purchase separately. AIM is not obligated to provide service or support for any products or services that you purchased through a third-party and not AIM. It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support). AIM and/or your third-party service provider will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any act or omission, including negligence, by AIM or your-third-party service provider. AIM and/or your third-party service provider are not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to AIM and/or your third-party service provider providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause AIM to be liable for copyright infringement if those files were copied by AIM and/or your third-party service provider.

8.Limitation of Liability. AIM DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AIM WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, AIM IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE NET AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

9.Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND AIM arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, AIM's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, COUNTY OF KERR WITHOUT REGARD TO CONFLICTS OF LAW.

AIM Return Policy

AIM values its relationship with you, and offers you the option to return certain products you purchase directly from AIM. You may return eligible products for a credit or a refund of the purchase price paid, less shipping and handling and any applicable restocking fees, as set forth in detail below.

14-Day Return Period for Certain Hardware and Software Products and Accessories: Unless you have a separate agreement with AIM, or except as provided below, all hardware, accessories, peripherals, parts, and media-based software that is unopened and still in its sealed package or, if delivered electronically, that has not been downloaded, installed or registered may be returned within 14 days from the date on the packing slip or invoice for a credit or a refund of the purchase price paid, less shipping and handling and any applicable restocking fees. Any product returned to AIM without prior authorization from AIM will be considered an unauthorized return, and the customer will not receive credit for the product and AIM will not ship the product back to you.

Exceptions to AIM's 14-Day Return Period:

• All sales of software and licenses are final and may not be returned. Certain Software licenses purchased may be returned only with the express approval of the publisher, which in many circumstances will not be granted.

Restocking Fees: AIM may charge a restocking fee of up to 15% of the purchase price paid, plus any applicable sales tax.

How to Return a Product: Before returning a product, you must first contact AIM customer service and obtain a Return Materials Authorization (RMA) number before the end of the applicable return period. AIM will not accept returns without a RMA number.

NOTE: You must ship the product to AIM within 5 days of the date that AIM issues the Return Materials Authorization number as follows:

• Ship back all products you are seeking to return to AIM and for which you received a RMA number. For partial returns, your credit may be less than the invoice or individual component price due to bundled or promotional pricing or any unadvertised discounts or concessions.
• Return the products in their original packaging, in as-new condition, along with any media, documentation, and any other items that were included in your original shipment.
• Ship the products at your expense, and insure the shipment or accept the risk of loss or damage during shipment.

Upon receipt of your return, AIM will issue a credit of the purchase price paid, less shipping and handling and any applicable restocking fees subject to this policy.

Note: Before you return the product to AIM, make sure to back-up any data on the hard drive(s) and on any other storage device in the product. Remove any and all confidential, proprietary, and personal information as well as removable media such as floppy disks, CDs, and PC Cards. AIM is not responsible for any confidential, proprietary, or personal information; lost or corrupted data; or damaged or lost removable media that may be included with your return.