Stockphox.com Terms of Use

Your use of this website means you agree to the following terms of use (the "Terms of Use"). If you do not agree with these terms you should leave this website (the "Site") immediately, not use the files herein, and/or not subscribe to this service.

This Site is owned, hosted and operated by STOCKPHOX.

Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by STOCKPHOX. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content.

This Site contains copyrighted animations, photographs, images, videos, footage, text, music, and sounds (collectively the "Content") which is owned by STOCKPHOX or its licensors. It is illegal to duplicate, download or distribute any Content from this Site except for your use, and you are subject to the Usage Guidelines. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.

If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please contact us immediately at: info@stockphox.com .

The design or layout of any website owned, operated, licensed, or controlled by or associated with STOCKPHOX, is protected by United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.

See also Royalty-Free License for other legal terms that apply.

LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT THAT COMES WITH THE SOFTWARE, STOCKPHOX MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY STOCKPHOX. WITH RESPECT TO THE SITE, CONTENT, AND SOFTWARE.

STOCKPHOX DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT STOCKPHOX WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.

IN NO EVENT WILL STOCKPHOX OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF STOCKPHOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF STOCKPHOX OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

PRODUCT AVAILABILITY

Products, services, and programs in this publication may not be available in your country. References to any product, service, or program do not imply that STOCKPHOX intends to make available such products, services, or programs in your country.

UNITED STATES GOVERNMENT EXPORT CONTROLS

Software from this Site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

LINKS TO THIRD PARTY SITES.

STOCKPHOX PROVIDES LINKS TO THIRD-PARTY SITES AS A CONVENIENCE TO YOU. STOCKPHOX DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES. STOCKPHOX IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY STOCKPHOX OF SUCH SITES.

OTHER LEGAL INFORMATION

These Terms of Use shall be governed by and construed in accordance with the laws of New Hampshire, U.S.A. These Terms of Use contain the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. STOCKPHOX reserves the right to terminate these Terms of Use without notice if, in STOCKPHOX sole discretion, you fail to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, STOCKPHOX reserves the right to terminate this site without notice.

Licensing

STOCKPHOX TERMS OF USE

THESE TERMS OF USE INCLUDE THE STOCKPHOX CORPORATION PRIVACY POLICY, WEB SITE USER AGREEMENT, AND STOCKPHOX'S ROYALTY FREE LICENSE AGREEMENT, EACH OF WHICH IS INCORPORATED HEREIN ITS ENTIRETY INTO THESE TERMS OF USE BY REFERENCE, TO WHICH YOU ARE INDICATING YOUR AGREEMENT AND ACCEPTANCE TO BE BOUND BY THE PROVISIONS THEREOF, BY WAY OF YOUR USE OF THE WEB SITE OR YOUR DOWNLOADING AND/OR USING ANY IMAGE(S).

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED

STOCKPHOX ROYALTY FREE LICENSE AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU, YOUR COMPANY, YOUR EMPLOYER AND/OR YOUR CLIENT (in the case you are an agent acting for a single client), AS THE CASE MAY BE (COLLECTIVELY "YOU”), AND STOCKPHOX CORPORATION "STOCKPHOX" WHEN USED HEREIN SHALL MEAN STOCKPHOX CORPORATION. THIS ROYALTY-FREE LICENSE AGREEMENT ("AGREEMENT") APPLIES, WITHOUT LIMITATION, TO THE STOCKPHOX.COM WEB SITE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION TO YOUR ACCESS TO AND USE OF ANY IMAGE(S). DOWNLOADING AND/OR USING ANY IMAGE(S) FROM STOCKPHOX CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND FORMS A LEGAL CONTRACT BETWEEN YOU AND STOCKPHOX. STOCKPHOX reserves the right to change any of the terms of this Agreement at any time, and you agree to be bound by such changes. If you do not agree to the following terms, as may be amended, do not download or use any Image(s).

LICENSE

Definitions:

"Comp Usage" is defined as the creation of a temporary test use, rough layout or comprehensive rendering of a proposed work for client review, internal company review or testing. The Image may not be used in any materials distributed or accessible to the public or in any final product or use, including, without limitation, any online or other electronic distribution system (except you may transmit comps digitally or electronically for their review) and may not be sold or sublicensed alone or as part of any product.

"Image(s)" shall mean animations, clipart, composites, digital footage, digital video, film footage, fonts, graphics, illustrations, images, motion sequences, photographs or any other visual representation regardless of whether the Image(s) are obtained via download from any STOCKPHOX Web site, delivered via any storage media (CD, DVD, disk, etc.) that is now known or may become known in the future, or obtained from a STOCKPHOX' authorized distributor, together with all accompanying metadata and other material.

"Storage Media" shall mean CD-ROM, digital video disc (DVD), floppy disk, or any other storage device or media now known, or hereafter created.

"User" shall mean the individual, legal entity or agent entering into this Agreement or any employee or contractor of such individual, legal entity or agent that edits, manipulates or modifies the Images or are otherwise directly involved in the creative process including, but not limited to, photo editors, photo researchers, photographers, art directors or designers. All Users shall only use the Images in accordance with the terms of this Agreement.

"You" shall mean a single: (i) individual, (ii) legal entity (corporation, partnership, LLC, sole proprietorship, etc.), or (iii) agent acting on behalf of a single individual or entity.

Copyright:

The Image(s) are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. The Image(s) shall remain the sole and exclusive property of STOCKPHOX, or its licensors. Use of the Images is licensed, not sold, pursuant to the terms of this Agreement. Use of the Images without agreeing to this Agreement, or a breach of these Agreement terms, is copyright infringement.

Grant:

Paid License.

STOCKPHOX grants you a non-exclusive and non-transferable license to use the Image(s) only as provided in this Agreement. See Section 13(A) below for special terms if you are licensing a subscription plan.

Comp Use

STOCKPHOX grants you the non-exclusive and non-transferable right to use Image(s) for Comp Usage for a period not to exceed sixty (60) days.

Number of Users (defined above):

FOR IMAGES ACQUIRED BY PAY PER DOWNLOAD AND STORAGE MEDIA.

YOU ARE GRANTED A TEN (10) USER SINGLE USE, SEAT LICENSE FOR USE OF THE IMAGES. THIS IS NOT A SIMULTANEOUS USE LICENSE. Only one (1) User may access or use the Image(s) at one time with up to a maximum of ten (10) Users (within the same legal entity entering into this Agreement) who may access or use the Image(s).

Licensee may distribute Image(s) within a network or similar asset management system to no more than ten (10) computers/workstations within the same company or legal entity for use by one (1) person at a time. If the Image(s) are to be placed on a network server accessible by more than ten (10) computers/workstations, please contact your sale representative as you will require a multiple seat license.

Permitted Uses. You may, subject to Section 1(F) below:

Back up, and store, single Image(s) as necessary on a single server for archival, tracking or asset management purposes only. Any copy or archive you make must include copyright notice pursuant to Section 1(G)(III).

Use the Image(s) in any electronic or print media, including advertising and editorial use, provided such use is not intended to allow the re-distribution or re-use of the Image(s).

Use the Image(s) on product packaging or in any items for personal use or resale, including book covers, calendars, consumer merchandise (T-shirts, posters, art, etc.), provided such use is not intended to allow the re-distribution or re-use of the Image(s).

Modify or alter the Image(s) as necessary for your use, subject to the terms of Section 4, and provided that if such modification or alteration constitutes a derivative work you do not acquire any copyright ownership or equivalent rights in or to any of the Image(s) or any other property of STOCKPHOX or its licensors and you shall only use such derivative work in accordance with this Agreement. If requested by STOCKPHOX, you agree to execute a written assignment of any such rights, including copyrights, at no cost to STOCKPHOX.

Use the Image(s) as décor in an office, lobby, public area, restaurant, or retail store.

Use the Image(s) as design elements in video, film, or television broadcasts.

Use the Image(s) in connection with your business or entity, e.g. corporate identity documents and letterhead, except as prohibited below.

Use the Image(s) for any other uses approved in writing by STOCKPHOX.

Prohibited Uses. You may NOT:

Sublicense, distribute, transfer or assign the Image(s) or rights to the Image(s).

Reverse engineer, decompile, translate, or disassemble any part of the Image(s).

Copy or reproduce the Image(s), except as specifically provided for in Section 1(E).

Remove any copyright, trademark or watermark from any place where it appears on the Image(s).

Display the Image(s) in any digital format or for any digital use at a resolution greater than 72 dpi, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Image(s) in violation of this Agreement.

Use the Image(s), or any part of the Image(s), as part of a trademark, service mark, or logo. STOCKPHOX or its licensors retain the full rights to the Image(s), and therefore you cannot establish your own rights.

Use the Image(s) to compete with STOCKPHOX. STOCKPHOX is in the business of licensing images to its customers. It is the specific intent of this provision to prohibit you from using the Image(s) to enter, either directly or indirectly, a similar or competing business.

Use the Image(s) in a product or service whereby the Image(s) can be used apart from a product or service.

Use the Images(s) in any downloadable format intended for multiple distribution including, without limitation, templates, Web site templates, software products, e-greetings, etc. Contact info@Stockphox.com to find out about a special license for such use.

Use the Image(s), or resell the Image(s) for use, in mobile devices, including but not limited to mobile telephones, handheld game consoles, and PDAs. Such usage is subject to additional licensing fees. Contact info@Stockphox.com for information on reseller licenses.

Use the Image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise.

Without advance written consent from STOCKPHOX and any model in such Image(s), use Image(s) that include people as part of any sensitive subject matters, as determined by STOCKPHOX. Sensitive subject use pertains to both commercial and editorial uses. Availability of model releases does not grant the right to use Image(s) in any sensitive subject matters.

Use the Image(s) beyond any limitations or restrictions noted on a STOCKPHOX Website.

Additional Terms:

STOCKPHOX reserves the right to (i) not permit use of any Image(s) for any reason whatsoever; and (ii) notify you that certain Image(s) are no longer available for use. Upon such notification, the license to use such Image(s) shall automatically and immediately terminate.

All other rights not expressly granted to you are reserved solely for STOCKPHOX.

STOCKPHOX requests the copyright notice "© [insert current year] Stockphox.com" appear adjacent to the Image(s) or on a credit page.

STOCKPHOX reserves the right to replace Image(s) with an alternative Image for any reason. Upon notice of such replacement, the license for the replaced Image(s) immediately, and automatically, terminates for any use of the Image(s) that does not already exist, and this Agreement shall automatically apply to any replacement Image(s). You agree not to use any replaced Image(s) with future products or services and you shall take all reasonable steps to discontinue use of the replaced Image(s) in existing products or services.

PAYMENT TERMS

You agree to pay all Image(s) license fees and no rights are granted under this Agreement until all payments are made in full. A service charge of two percent (2%) per month, or the amount allowed by law, will be charged on any unpaid balance. Any claims for adjustments must be made to STOCKPHOX within five (5) days of billing. You shall be liable for all past due amounts, interest and costs of collection, including attorneys' fees. Refunds are governed by the terms of the individual service used. Please see Section 11 below for terms applicable to refunds in the event of cancellation.

TERMINATION

This Agreement is effective until it is terminated.

This Agreement will terminate automatically, without notice from STOCKPHOX, if you fail to comply with any provision of this Agreement.

You can terminate the licenses granted under this Agreement with respect to any Image(s) by destroying the Image(s), along with any copies or archives, any CD-ROM or accompanying materials (if applicable), and ceasing all use of the Image(s) for any purpose. Such termination may not effect payment obligations.

WARRANTY AND LIMITATION OF LIABILITY

STOCKPHOX represent and warrants that:

It has the right to enter into this Agreement and to grant the rights hereunder;

The Image(s) or other Storage Media (if applicable) will be free from defects in materials and workmanship under normal use for a period of 30 days from the date of license; and

The Image(s) as provided hereunder, and used as permitted herein, will not infringe any copyright, trademark, moral right, right of privacy or any other intellectual property right of any third party.

DISCLAIMER OF WARRANTY. EXCEPT AS PROVIDED IN SECTION 4(A) ABOVE, THE IMAGE(S), STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. STOCKPHOX MAKES NO WARRANTIES FOR ANY IMAGES THAT HAVE BEEN MODIFIED OR ALTERED BY YOU AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY CLAIMS RELATING TO OR ARISING OUT OF YOUR MODIFICATION AND USE OF THE IMAGES. STOCKPHOX GRANTS NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGO TYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED ARE OBTAINED. STOCKPHOX DOES NOT WARRANT THAT THE IMAGE(S), WEB SITES OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU. YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES. STOCKPHOX SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), STOCKPHOX'S BREACH OF THIS AGREEMENT OR OTHERWISE, EVEN IF STOCKPHOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL STOCKPHOX'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE IMAGE(S) (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED TEN (10) TIMES THE MONETARY AMOUNT ACTUALLY RECEIVED BY STOCKPHOX FOR YOUR USE OF THE APPLICABLE IMAGE(S).

You represent, warrant and covenant that:

You are at least eighteen years of age and have the full right and authority to enter into this Agreement on behalf of you and/or your company, employer or principal;

You do not reside in any country to which export of US products are prohibited or restricted and you may not ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any laws, restrictions or regulations;

You will not use the Image(s) in any way that is not permitted by this Agreement;

Your use of the Image(s) will not violate any applicable law or regulation of any country, state, or other governmental entity;

The information that you provide to STOCKPHOX is accurate and true, including, without limitation, all credit card or other payment information and you shall update such information as necessary;

You are solely responsible for determining whether your use of any Image(s) requires the consent of any other party or the license of any additional rights. If you are unsure whether additional rights are needed for your use of the Images, you are responsible for consulting with competent legal counsel; and

If you are acting as an agent, you must inform your client/principal of the terms of this Agreement.

LIMITATION OF REMEDIES

Replacement or Refund:

STOCKPHOX' entire liability and your exclusive remedy, with respect to any claims arising out of this Agreement, except as set out in Section 6 below, shall be at STOCKPHOX' sole discretion, either: (i) replacement of Image(s); or (ii) refund of any fee paid for the specific Image(s). Any claims must be brought within twelve (12) months of the date that you discovered such claim, or reasonably should have discovered such claim, or reasonably should have discovered such claim, shall be waived. See Section 11 for other refund terms that may apply.

INDEMNIFICATION

You agree to indemnify and hold STOCKPHOX, its affiliates, parents, subsidiaries, employees, directors, officers, successors, assigns, distributors and anyone else associated with STOCKPHOX, harmless from, and against, any and all claims, liabilities, costs, damages, or expenses, (including attorneys' fees) asserted against STOCKPHOX arising out of your use of the Images or in connection with any breach of any of the terms of this Agreement.

Provided that the Image(s) are used only in accordance with this Agreement and you are not otherwise in breach of this Agreement, STOCKPHOX shall defend, indemnify and hold you harmless from all damages (excluding punitive damages), liabilities and expenses (including reasonable attorney's fees and authorized costs), arising out of or in connection with any actual or threatened lawsuit, legal proceeding or claim alleging that STOCKPHOX is in breach of its warranties set out in Section 4 above. The foregoing states STOCKPHOX' entire indemnification obligation under this Agreement and your sole and exclusive remedy for any actual breach of STOCKPHOX' representations and warranties set forth herein. STOCKPHOX shall have no obligation under this Section 6 unless you promptly provide STOCKPHOX with written notice of such claim. STOCKPHOX shall have no liability or duty to indemnify if the claims, liabilities, costs, damages, or expenses result from: (i) the modification or alteration of the Images by anyone other than STOCKPHOX or (ii) the combination of the Images with any other text or graphic material, whether in printed or electronic format, to the extent that such any claims would not have arisen had such modification or combination not been made.

At the indemnifying party's option, the indemnifying party may assume the handling, settlement or defense of any claim or litigation and the indemnified party shall reasonably cooperate in the defense thereof. The indemnified party shall have the right to participate in the litigation, at its own expense, through counsel selected by the indemnified party. The indemnifying party will not be liable for legal fees or other costs incurred prior to the indemnified party giving notice of the claim for which indemnity is sought.

GENERAL

Enforceability:

If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable, consistent with the parties' intent.

Taxes and other:

You agree to pay and be solely responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or your use of the Image(s), pursuant to this Agreement.

Waiver:

No action of STOCKPHOX, other than an express written, signed waiver may be construed as a waiver of any part of this Agreement, and no employee of STOCKPHOX is authorized to make an oral waiver. In the event that STOCKPHOX waives a specific part of the Agreement, it does not mean that STOCKPHOX waives any other part.

LEGAL FEES

You agree to reimburse STOCKPHOX for its legal fees, costs and disbursements if STOCKPHOX is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.

ASSIGNABILITY

You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. STOCKPHOX may assign or transfer this Agreement freely.

ENTIRE CONTRACT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND STOCKPHOX, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND STOCKPHOX RELATING TO THE SUBJECT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY PURCHASE ORDER TERMS (EVEN IF SUCH TERMS ARE SUBSEQUENT TO THE DATE OF THIS AGREEMENT). FAQ'S, OTHER EXPLANATIONS, AND TEXT IN STOCKPHOX' WEB SITES ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT UNLESS SPECIFIED OTHERWISE IN THIS AGREEMENT.