This License Agreement is between Pike & Fischer, 1010 Wayne Ave., Silver Spring, Maryland 20910 ["P&F"], and the individual or entity accessing Pike & Fischer's Broadband Advisory Services via the Web ["Customer"].

All references to "Pike & Fischer" or "P&F" herein encompass not only Pike & Fischer but also BNA, Inc. ["BNA"] as well as all subsidiaries and affiliates of Pike & Fischer and all subsidiaries and affiliates of BNA.

This Agreement sets forth the terms and conditions applicable to Customer's use ["Electronic Access"] of Broadband Advisory Services via the Web, and all databases, software, and/or materials contained within the product and accompanying documentation and/or manuals ["Product"].

1. Customer. The term "Customer" shall include all individual end users authorized to have Electronic Access to the Product. The terms and conditions of this Agreement shall apply to each such authorized end user. P&F reserves the right to request that Customer identify to P&F, in writing, the names, addresses, phone numbers and email addresses of each such end user.

1. If applicable, the number of end users given Electronic Access must not exceed the maximum number of users indicated by separate Agreement with P&F.



2. Users must be employees of Customer. Use by consultants, contractors, subcontractors, or other third parties is not permitted unless authorized by P&F.

2. Grant. P&F grants to Customer a non-exclusive, non-transferable, personal, limited right of Electronic Access to the Product according to the terms and conditions of this Agreement. Customer is solely responsible for installing and maintaining the equipment and any other software or programming necessary for Electronic Access.

3. Term. Customer is authorized to use the Product during the term of Customer's subscription to the Product.

4. Payment. Customer will be billed at the beginning of the subscription term. Approximately ninety (90) days before the end of the first annual term, P&F will notify Customer of the fees then in effect for the Product. Within 90 days Customer must either renew for an additional one- or two-year term by remitting the fees then in effect or request termination of Customer's usage of the Product. P&F may terminate Customer's use of the Product at any time if Customer is in breach of any of the Terms and Conditions of Use.

5. Copyright. Product contains proprietary material of P&F (or material that suppliers have licensed to P&F for use in the Product), which is protected by copyright and other laws respecting proprietary rights. P&F retains all rights in the Product, including (without limitation) all copyright and other proprietary rights worldwide in all media. Customer may not use the Product except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited. Copyright is not claimed as to material in the public domain, including any part of the original work prepared by a government officer or employee as part of that person's official duties.

1. End users who are duly authorized may Access the Product for individual use, i.e., may view the Product on screen; may download small portions of the Product to a computer disk for personal convenience and later reference; may print paper copies of small portions for personal use only and may use the Email to a Colleague feature to deliver documents to colleague under the guidelines of U.S. copyright laws. If P&F is properly credited, an end user may include small extracts of the material in the Product in memoranda and reports for internal use and court filings.



2. The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the Product or materials contained therein. No part of the Product may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from P&F, 1010 Wayne Ave., Silver Spring, Maryland 20910 (E-mail Customer Care). Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.



3. The Product incorporates the search and retrieval software dtSearch. dtSearch is a proprietary product of dtSearch Corp. , which has made its software available under license to P&F. Use of dtSearch is subject to all terms and conditions in this Agreement.



4. Customer acknowledges that the Product (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause P&F, or P&F suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. Customer agrees that any breach of this Agreement by Customer, or any subscriber or end-user, may be enforced by P&F or any of P&F's suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.



5. Customer agrees that any supplier of any portion of the licensed materials may enforce its rights against Customer, even though that supplier is not a party to the Agreement.

6. Restrictions.

1. Customer may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in the Product in any manner whatsoever that may infringe any copyright or proprietary interest of P&F; distribute the information contained in the Product to other users not duly authorized to access the Product; distribute, rent, sublicense, lease, transfer or assign the Product or Agreement; decompile, disassemble, or otherwise reverse-engineer this Product or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.



2. Customer is expressly prohibited from placing or installing any portion of the Product on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, Web sites or any other server that is Internet-enabled, without written authorization by P&F.



3. If Customer breaches any provision of this Agreement, P&F may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies.

7. Limited Warranty.

1. P&F warrants that the Product will substantially conform to the published specifications and to accompanying documentation (as may be modified from time to time), provided the Product is used on the computer hardware and with the operating system for which it was designed. P&F will use its best efforts to replace defective media or correct significant software error at no cost to Customer, provided Customer notifies P&F of such problems within thirty (30) days of discovering such defect. This is Customer's sole remedy for breach of warranty.



2. While P&F attempts to include accurate information in the Product, occasional errors or omissions in content may occur. P&F will make reasonable efforts to correct these errors or omissions, but can make no representation regarding the accuracy of information provided. Except as specifically provided above, the product is provided to the Customer "as is." P&F and P&F's suppliers make no other warranty or representation, either express or implied. P&F and its agents do not warrant the accuracy, completeness, performance, currency, merchantability or fitness for a particular purpose of the product or the information it contains. P&F does not warrant that the Product is error-free in content. P&F shall not be liable to Customer or any other person or entity for any damage caused in any part by customer's use of the Product, Customer's reliance on the information contained in the Product or P&F's support services, or for any consequential, incidental, indirect, punitive, special or similar damages, even if advised of the possibility of such damages. Some states do not allow the limitation or exclusion of implied warranties or liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.



3. In no event may Customer bring any claim or cause of action against P&F, its suppliers or distributors, more than one (1) year after such claim or cause of action arises.



4. If the foregoing limitations are held to be unenforceable, P&F's liability for damages under this agreement to Customer or any other person or entity shall in any event not exceed the amount of fees paid by customer for the Product.



5. Customer agrees to indemnify, defend, and hold P&F, its suppliers and distributors harmless from and against any and all claims from third parties arising out of or in any way related to Customer's use of the Product hereunder, or from and against any and all claims, losses, damages and expenses resulting from Customer's use, in breach of any of the terms of the Agreement, of any data or documentation received from P&F, regardless of the form of action.

8. Additional Matters. If any part of this Agreement is declared void, this Agreement shall to the maximum practicable extent be construed without reference to that part. Customer may not assign or sublicense this Agreement without P&F's prior written consent. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and may not be modified or amended except by the express agreement of both P&F and Customer. This Agreement shall be governed by the laws of the State of Maryland, including the Uniform Commercial Code as adopted by the State of Maryland, as they apply to agreements executed and fully to be performed in the State of Maryland (that is, without reference to State of Maryland choice of law provisions). Customer expressly consents to the exercise of personal jurisdiction in the State of Maryland in connection with any dispute or claim arising out of this Agreement. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing.

Effective Date - October 2005

Pike & Fischer (P&F) publishes business and legal information services in print, on the web and on CD-Rom. We also distribute select information via email. We are continually adapting to changes in technology to bring you the information you rely on faster and more efficiently than ever before. P&F publishes this Privacy Policy to reaffirm our commitment to maintaining the privacy of our customers in the electronic environment and inform you of our practices concerning the collection and use of information.

The Information We Collect
Visitors to our corporate website are not required to reveal individually identifiable information, such as name, address, email or telephone number. The P&F server collects other information, including the make of a visitor's browser software and the IP address from which the visitor enters. This information helps us diagnose technical problems and proactively enhance our products by tracking user trends and interests. We use this information only in the aggregate so that we can better serve you. This information is in no way tied to your personal identity.

We collect personal information when you 1) purchase or subscribe to one of our products or services 2) register for an audio conference 3) subscribe to one of our free e-letters, or 4) use the E-mail to a Colleague feature available within our web products. Information collected may include your name, title, company name, address, email address, phone and fax numbers. We collect this information to enable us to deliver our products and services to our customers and to administer a sufficient level of customer support.

In some instances, we collect credit card information provided by you for billing purposes. We collect this information for the convenience of our customers but we do not store, use, or share credit card information with any other party for any purpose.

How We Use The Information
We occasionally compile the information we collect to help us better understand our client base and to help us communicate with you about our products and services. These communications may take the form of direct mail, phone calls or email correspondence.

At this time, under no circumstances do we share the email addresses and phone numbers we collect with third parties, with the exception of our parent company, The Bureau of National Affairs, Inc. and subsidiaries thereof. When we share your information with these companies, it is only because we feel it would be a benefit to our subscribers. Occasionally we will share customer mailing addresses with third party organizations, again, if and when we feel it would be a benefit or use to our customers in their business and/or professional environment.

Opt-Out / Unsubscribe
Clients who no longer wish to receive email correspondence may opt-out of by following the instructions in the email or replying with an indication to "unsubscribe." You may also send us an email.

Security Safeguards
We take technical, administrative, and physical steps to protect against unauthorized access to and disclosure of individually identifiable information. All such information is handled securely within P&F and is not disclosed to unauthorized third parties.

Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served to us.

Notification of Changes
If we decide to change our privacy policy, we will post those changes to this privacy statement so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Questions and Concerns
If you have any questions or concerns regarding our privacy policy, please contact Pike & Fischer Customer Care or call us at 1-800-255-8131.