By purchasing and installing this software, you agree to the terms set forth below: SECTION 1: CREATION RatingsLink software was developed and maintained by Diversified Programming Enterprises llc. located at 5-A Janet Street, Rochester NH 03867 herein referred to as Diversified Programming. SECTION 2: OWNERSHIP When purchasing the Ratingslink software, you are purchasing a license to use the software in its native form. Ownership of the software, database, extensions, modules and upgrades is exclusively granted to Diversified Programming Enterprises llc. The licensee is permitted to make backups of the data and the database so long as these backups are not executed or hosted at any public or private web site or server. The licensee is also permitted to write scripts and procedures to retreive member data from the database so long as these actions do not alter or destroy the database or data contained within the database in any way. You are not permitted to modify, repackage, resell, transfer, or tamper with the code in any way without prior written consent from Ratingslink or Diversified Programming. SECTION 3: MAINTENANCE The RatingsLink application will be regularly updated by Diversified Programming. If you have provided us with FTP information, we will make emergency changes and bug fixes for you. Regular updates will be emailed to you with a link to our online update area at ratingslink.com. SECTION 4: ERRORS Diversified Programming will make all effort to fix any errors that you encounter in the software but will not be held liable for and loss or damage as a result of these errors. If you receive an error, you should immediatly perform a screen capture (Press Print Screen on your keyboard then click Paste in an email body) and email it to us. Most errors are the result of something changing on your server or with your domain name. Because of this, you should always let the staff of Ratingslink know when any server change will occur. SECTION 5: BILLING Billing will occur one month prior to the expiration of a license. You will have that month to remit payment or the software will automatically shut off. When this happens, ONLY the administrative area will disconnect. This allows listeners to continue to use the members areas as normal without seeing a lapse in activity. You will not be able to update the site until we renew the license for you. The latest versions of the software also alert administrators to a license expiration each time they visit the Main Menu. SECTION 6: LICENSE AGREEMENT Each license purchased is for ONE (1) installation of the Ratingslink software in a single directory residing on a server. This directory may be shared between stations upon successful and lawful issuance of a serial number by Diversified Programming for all domain names linking to this directory. SECTION 7: LICENSE TRANSFER There will be a $150 license transfer fee if your domain name or hosting server changes. This fee is for our staff to create new serial numbers for you (since serial numbers are based on a series of factors like server name, domain name, date, etc.) and modify the important pages that control the software. SECTION 8: RECURRING LICENSES & FEES The recurring license fees itemized in our proposals include all updates to the software written within the licensed year, emergency bug-fixes within that year (usually fixed within one hour), programming of additionally requested features (so long as they are advantageous for all stations using that module), security updates and patches within that year, licensure of additional serial numbers for that year to allow additional domain names to use the software (each domain name that your station uses must have its own serial number since our serial numbers are based on the domain as well as other factors). Because security is so important for software of this type and because server technologies change so often, the yearly recurring license is required so long as the software remains online. SECTION 9: NEGATION OF CONTRACT Upon purchasing a license to use this software, you have not only paid for use, but you have paid for the setup, maintenance and upgrades for one year. Should you choose to cease use of the software for any reason, license fees will not be refunded or pro-rated for unused time. SECTION 10: SECURITY It is the responsibility of the station using this software to ensure that the software is placed on a secure web server including firewall protection and virus scanning. If Diversified Programming, RatingsLink, or Virtual Rhino determines that the software is running on a server that could compromise the integrity of the software or the data that the software relies upon, we reserve the right to stop service on the application providing that sufficient notification has been made to the server administrators and clients to patch such security flaws. This section is intended to protect our clients as much as it is to protect our software. Backup of data, data-mirroring, and appropriate disaster recovery schemes are the responsibility of the client or the web hosting provider. If the software is lost because of any disaster, contact Diversified Programming and our emergency teams will work with you to make sure the software is reinstalled and operational as quickly as possible. It is the responsibility of the client to inform Diversified Programming when contact or billing information changes at your station or within your radio group. This includes updating our list of authorized callers (those allowed to call RatingsLink for technical support relating to your station). If an employee leaves your company, you must call us immediatly so that we can remove that person from our list of authorized callers. If a previous employee requests changes that potentially damage your web site and that employee remains on our authorized callers list, Diversified Programming reserves the right to charge your station or use technical support time for restoring the software to it's previous state. SECTION 11: CHANGES AND NOTICE Diversified Programming Enterprises llc. and RatingsLink are permitted to make changes to these terms at any time without notice.