TERMS OF SERVICE AGREEMENT (TOSA)

NOTICE OF OWNERSHIP.  Neustel Software, Inc. is owned by Michael S. Neustel.  Neustel Law Offices, LTD is owned by Michael S. Neustel and provides intellectual property services for inventors and businesses.  Michael S. Neustel is only licensed with the State Bar Association of North Dakota and the United States Patent & Trademark Office (USPTO).

ACCEPTANCE OF TERMS.  BY ACCESSING AND USING THIS WEB SITE, YOU ACCEPT, AGREE TO AND WILL BE DEEMED TO BE BOUND BY THE CURRENT VERSION OF THE TOSA PUBLISHED ON THE WEB SITE. If you do not agree to be bound by the Terms, you are not to view, print, distribute, or utilize the web site. You hereby acknowledge that any reliance upon any content, information or other material on this web site shall be at your sole risk.  YOU ARE TO SEEK OUTSIDE LEGAL COUNSEL BEFORE AGREEING TO THE TOSA.

NOT LEGAL ADVICE.  The materials on this web site are intended to provide general information and should not be relied upon for specific legal advice. Legal counsel should be consulted regarding questions and issues of protection or infringement of rights, so as to avoid possible loss of rights or infringement of the rights of others.

jurisdiction.  Viewer understands and agrees that use of this web site is not intended to and does not create jurisdiction in any state or country other than North Dakota of the United States of America.  Viewer understands and agrees  not to use this site if Viewer deems electronic communication as consent to jurisdiction in any other state.  Viewer further understands and agrees that the information on this site is not directed towards any specific jurisdiction other than North Dakota of the United States of America.  Viewer understands that the information on this web site was published and is hosted in the jurisdiction of North Dakota, more specifically Fargo, North Dakota.  Viewer acknowledges and agrees that all information contained on this site is deemed “published” when first posted to our web server.  

CONSENT TO JURISDICTION.  VIEWER CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS LOCATED WITHIN THE COUNTY OF CASS, NORTH DAKOTA U.S.A., REGARDING ANY AND ALL DISPUTES RELATING TO THIS AGREEMENT OR ANY WEB SITE OF NEUSTEL SOFTWARE.  USER AGREES THAT THIS CHOICE OF FORUM IS CONVENIENT AND WAIVES ANY OBJECTION TO THE SUBMISSION OF SUCH JURISDICTION.

ATTORNEY-CLIENT RELATIONSHIP.  Viewer understands and agrees that no attorney-client relationship shall be created or exist between Viewer and any agent, employee, owner or officer of NEUSTEL SOFTWARE BY MERELY VIEWING THIS WEB SITE.  Viewer understands that all communications through e-mail, telephone, or other means of communication to any agent, employee, owner or officer of NeustelSoftware may not be protected by the attorney-client privilege and therefore may be discoverable in a Court of law.

COMMUNICATIONS.  Viewer understands and agrees that Neustel Software is not obligated to respond to, review or retain unsolicited written or electronic communications received from any Viewer without providing notice to Viewer.  Viewer understands and agrees that Neustel Software may, in its sole discretion, respond to or discard such communications on a case by case basis.  If Viewer does not receive a response to a communication sent to Neustel Software within 2 hours, Viewer is strongly advised to immediately seek legal counsel elsewhere.

“AS-IS” OF INFORMATION.  VIEWER UNDERSTANDS AND AGREES THAT THE SERVICE PROVIDED BY NEUSTEL SOFTWARE IS PROVIDED "AS-IS" AND THAT NEUSTEL SOFTWARE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR THE FAILURE TO STORE, UPDATE, OR PROVIDE ANY CONTENT OR OTHER SUBJECT MATTER ON THIS SITE.  Information on this web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice.  Since laws sometimes change, the information on this web site is not guaranteed to be accurate.  There is no guarantee that the information on this web site is current or complete.

EXTERNAL LINKS.  Neustel Software may not regularly review materials posted on linked sites and does not necessarily endorse or sponsor the materials appearing on linked sites. Neustel Software may provide links to other World Wide Web sites or resources. Because Neustel Software has no control over such sites and resources, Viewer acknowledges and agrees that Neustel Software is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. Viewer further acknowledges and agrees that Neustel Software shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 

DISCLAIMER OF WARRANTIES.  VIEWER EXPRESSLY UNDERSTANDS AND AGREES THAT:

LIMITATION OF LIABILITY.  VIEWER EXPRESSLY UNDERSTANDS AND AGREES THAT Neustel Software SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Neustel Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEB SITE.  IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, SOFTWARE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).  OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $1.

EXCLUSIONS AND LIMITATIONS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY. You agree to defend, indemnify and hold Neustel Software, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, harmless from any action, claim, proceeding, demand, cost or expense, including reasonable attorneys' fees, from a third party due to or arising out of your use of the web site, your violation of the TOSA, or your violation of any rights of another.

BINDING ARBITRATION.  Any controversy or claim arising out of or relating to the web site or the TOSA, or the breach thereof, between Neustel Software and Viewer shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Fargo, North Dakota.  The judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

TRADEMARK INFORMATION.  PATENTWIZARD, PATENTHUNTER, TRADEMARKHUNTER, PATENTVIEWER and related design logos are all trademarks of Neustel Software, Inc. (the "Neustel Software Marks").  Without Neustel Software's prior permission, you agree not to display or use in any manner, the Neustel Software Marks.

COPYRIGHTS AND COPYRIGHT AGENTS.  Neustel Software respects the intellectual property of others, and we ask all Viewers and contributing writers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Neustel Software with the following information: 

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

Neustel Software’s Copyright Agent for Notice of claims of copyright infringement on is Michael S. Neustel who can be reached as follows:

                        Michael S. Neustel
                        Neustel Software, Inc.
                        2534 South University Drive, Suite # 4
                        Fargo, North Dakota 58103

REPRODUCTION OF CONTENT.  Viewer understands that the content upon the web site is protected by United States and International copyrights.  Viewer agrees not to reproduce, distribute, duplicate, retransmit, copy, sell, resell or exploit for any commercial purposes, any portion of the web site without the prior permission of Neustel Software.  Notwithstanding the foregoing, Neustel Software grants the right to download web site materials for personal non-commercial use and for non-commercial educational use.

NO GRANT OF LICENSE.  Nothing on this web site or on any Neustel Software site, or your use of the web site, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Neustel Software, its affiliates or any third party, whether by estoppel, implication or otherwise.

PATENTWIZARD SOFTWARE NOTICES:

i . LEGAL REQUIREMENTS OF A PROVISIONAL PATENT APPLICATION.  Viewer understands and acknowledges that as of March 1, 2000, United States law states that a provisional patent application “shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.”  (35 U.S.C. 112, first paragraph)  Viewer understands and acknowledges that a provisional patent application prepared without proper disclosure will be ineffective and may result in a loss of rights.  These legal requirements are subject to change (see www.uspto.gov for up-to-date legal requirements).  As always, you should consult with a patent attorney prior to filing a provisional patent application.

ii. LIMITATIONS & NOTICES.  There are many limitations with the PatentWizard software and “provisional” patent applications that Viewer needs to understand prior to utilizing PatentWizard.  Viewer must read, understand and acknowledge the following limitations prior to proceeding with the PatentWizard program.

(a)    VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT THE PatentWizard SOFTWARE PROGRAM IS NOT DESIGNED FOR ALL TYPES OF INVENTIONS OR INVENTORS.  VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT THE PatentWizard SOFTWARE IS ONLY DESIGNED FOR MECHANICAL AND SIMPLE ELECTRICAL INVENTIONS.  VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT Viewer MUST MAKE THEIR OWN DECISION AS TO WHETHER PatentWizard WILL HELP VIEWER WITH THEIR INVENTION.  VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT PatentWizard IS CURRENTLY NOT DESIGNED FOR BUT NOT LIMITED TO SOFTWARE, PROCESS, NON-SIMPLE ELECTRICAL, METHOD, E-COMMERCE, CHEMICAL OR COMPLEX INVENTIONS.  VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT VIEWER MUST DETERMINE ON THEIR OWN AS TO WHETHER PatentWizard IS SUITABLE FOR VIEWER AND THEIR INVENTION. 

(b)    Viewer understands and acknowledges that the overall quality of the self-drafted provisional patent application will depend upon various factors such as grammar skills, time expended in drafting the application, ability to articulate in writing and illustrate with drawings the unique features and functions of the invention, ability to utilize the PatentWizard program and other factors that Neustel Software cannot control.

(c)    VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT A PROVISIONAL PATENT APPLICATION PREPARED WITHOUT PROPER DISCLOSURE MAY BE INEFFECTIVE AND MAY RESULT IN A LOSS OF RIGHTS.  A CAFC decision recently handed down specifically addresses "priority" issues involving earlier filed "provisional" patent applications.  In New Railhead Mfg. Co. v. Vermeer Mfg. Co. & Earth Tool Co., App. No. 02-1028 (July 30, 2002) http://www.fedcir.gov/opinions/02-1028.doc.  The CAFC said in the opinion: "As a part of the Uruguay Round Agreements Act, the Patent Statute was amended to allow applicants for United States patents to file provisional applications that could provide the priority date for a non-provisional utility application filed within one year of the provisional. See 35 U.S.C. 111(b). Such a provisional application need only include a specification conforming to the requirements of 35 U.S.C. 112.1 and at least one drawing filed under Sect. 113; no claims are required. 35 U.S.C. 111(b)(1), (2). However, for the non-provisional utility application to be afforded the priority date of the provisional application, the two applications must share at least one common inventor and the written description of the provisional must adequately support the claims of the non-provisional application".  Though this case discloses nothing "new" for individuals/entities experienced with provisional patent applications, it is a good "reminder" that a provisional patent application needs to be prepared to the same level/quality as a non-provisional patent application.

(d)    VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT IT MAY BE IN VIEWER’S BEST INTEREST TO SEEK THE ADVICE OF A COMPETENT PATENT ATTORNEY PRIOR TO FILING THE PROVISIONAL APPLICATION.  VIEWER ACKNOWLEDGES THAT THEY CAN LOCATE A LISTING OF PATENT ATTORNEYS LICENSED WITH THE USPTO AT: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954 (Telephone: 202-512-1800).

(e)    Viewer understands and acknowledges that PatentWizard is not designed to replace the advice or service of a qualified Patent Attorney.  Viewer understands and acknowledges that PatentWizard is designed to be utilized only during the early stages of the invention process while the inventor is attempting to determine whether their invention is marketable.  Viewer understands and acknowledges that they should not "publicly disclose" their invention after filing a provisional patent application with PatentWizard software unless they are completely confident they have included all necessary information about their invention.

(f)    Viewer understands and acknowledges that PatentWizard will not assist Viewer with drafting the “Claims” section which is required for a “formal” patent application (claims are not required for a “provisional” patent application).  Viewer understands and acknowledges that PatentWizard is not designed to assist inventors with drafting a complete “formal” patent application. 

(g)    Viewer understands and acknowledges that PatentWizard will only assist Viewer with drafting a “provisional” patent application which provides patent pending for only one-year.  Viewer understands and acknowledges that Viewer may have to file a complete formal patent application within this one-year period to avoid the potential loss of their patent rights (if any).  Viewer understands and acknowledges that a provisional patent application by itself can never issue into a “patent”.  Viewer understands and acknowledges that a provisional patent application is never examined by the USPTO for patentability, as such, Viewer will never receive an “Office Action” or a “patent” by only filing a provisional patent application.  Viewer understands and acknowledges that a complete formal patent application must be filed within the one (1) year period of a provisional patent application to provide an opportunity of receiving a patent. 

(h)    Viewer understands and acknowledges that they should consult with a Registered Patent Attorney if they have any questions about PatentWizard, provisional patent applications or other legal questions. 

(i)    Viewer understands and acknowledges that there are other limitations to PatentWizard, as there is with any self-help software program, that are obvious and not listed here.

(j)    VIEWER AGREES TO READ ALL INFORMATION CONTAINED WITHIN THE PatentWizard HELP MENU REGARDING THE PURPOSE AND LIMITATIONS OF PatentWizard AND PROVISIONAL PATENT APPLICATIONS PRIOR TO UTILIZING THE PatentWizard PROGRAM.

(k)    Viewer understands and acknowledges that all information upon PatentWizard, including statutes and legal requirements, is based solely upon information available as of March 1, 2000.  Viewer understands that laws and requirements do change over time.  Viewer assumes responsibility to determine the current law and requirements.

(l)  Viewer understands that Neustel Software, Inc. is owned by Michael S. Neustel (U.S. Registered Patent Attorney) who is the owner of Neustel Law Offices, LTD (www.neustel.com).

(m)   Viewer understands that Neustel Law Offices, LTD and Michael S. Neustel provide patent services for inventors such as patent searches, patentability opinions, patent application reviews, and patent application drafting services.

(n)  Viewer understands that all purchases are NON-REFUNDABLE and that all purchases are made final upon receipt of the Order Form by Neustel Software, Inc. unless stated otherwise upon the web site at the time of the purchase.

(o)  Viewer understands that the date of filing a provisional patent application will constitute the priority date for filing foreign patent applications.

(p)  Viewer understands that they should consult with a patent attorney prior to filing a provisional patent application to discuss various legal issues including but not limited to foreign patent applications.'

(q)  Viewer understands that they should review the Frequently Asked Questions section (http://www.patentwizard.com/htmls/support.htm) of this web site prior to utilizing PatentWizard software.

(r)  Viewer understands that a "design" patent application cannot be filed as a continuation of a provisional patent application, only a "utility" patent application can be filed as a continuation of a provisional patent application.

(s)  Viewer has read and understands the Developer-User License Agreement (http://www.patentwizard.com/htmls/license.htm) prior to purchasing, downloading or installing the PatentWizard 2.0 software.

iii. CUSTOMER SUPPORT.  There are free answers to frequently asked questions at www.patentwizard.com.  For a fee, you may contact Neustel Software, Inc. directly at 701-235-8878 or support@patentwizard.com.

iv. PATENT ATTORNEY REVIEW.  Viewer understands and acknowledges that Neustel Law Offices, LTD offers a “Patent Attorney Review” (“Review”) to most purchasers of PatentWizard for a flat-fee. Viewer understands and acknowledges that they do not have to use Neustel Law Offices, LTD for a review of their provisional application and that they may utilize a different patent attorney not associated with Neustel Software, Inc. (see www.uspto.gov for a listing of patent attorneys).  Viewer understands and acknowledges that Neustel Law Offices, LTD reserves the right to refuse a Review for any inventor or application and is not obligated to perform a Review for any inventor or application.  VIEWER UNDERSTANDS AND AGREES THAT THE rEVIEW IS MERELY A BRIEF OVERVIEW OF THE PROVISIONAL PATENT APPLICATION.  VIEWER UNDERSTANDS AND AGREES THAT THE Review IS NEITHER A STATEMENT NOR A GUARANTEE THAT Viewer HAS INCLUDED ALL OF THE NECESSARY INFORMATION FOR THE INVENTION SINCE NEUSTEL LAW OFFICES, LTD DOES NOT HAVE FIRST HAND KNOWLEDGE OF THE INVENTION.  Viewer UNDERSTANDS AND AGREES THAT IT IS THEIR SOLE RESPONSIBILITY TO INSURE THAT THEY HAVE INCLUDED ALL RELEVANT INFORMATION ABOUT THE INVENTION WITHIN THE PROVISIONAL PATENT APPLICATION AND THAT THEY HAVE DISCLOSED THE “BEST MODE” OF OPERATION.  VIEWER UNDERSTANDS AND AGREES THAT THE Review IS COMPRISED SOLELY OF BROAD OBSERVATIONS OF THE PROVISIONAL PATENT APPLICATION ALONG WITH GENERAL RECOMMENDATIONS.  Viewer UNDERSTANDS AND ACKNOWLEDGES THAT THE Review DOES NOT REQUIRE SIGNIFICANT TIME BY NEUSTEL LAW OFFICES, LTD AND USUALLY CONSISTS OF LESS THAN TWO HOURS OF TIME BY A REGISTERED PATENT ATTORNEY.  Viewer UNDERSTANDS AND AGREES THAT THE Review DOES NOT PROVIDE COMMENTS ON HOW TO AMEND OR CHANGE THE PROVISIONAL PATENT APPLICATION.  Viewer understands and acknowledges that the Review fee does not include any communications with Viewer such as by telephone, e-mail, facsimile or other communication means, and that such communications are billable as Customer Support.  Viewer understands and acknowledges that a more detailed review by Neustel Law Offices, LTD is available to Viewer upon request for an increased fee. Viewer has read and understands the Terms of Service and the FAQ Section as provided at http://www.neustel.com/review.asp.

 

v. PROVISIONAL FILING SERVICE.  Viewer understands that Neustel Law Offices, LTD offers a "Provisional Filing Service" where Neustel Law Offices, LTD files a self-drafted provisional patent application by an inventor electronically with the USPTO.  Viewer understands that the USPTO provisional filing fee must be paid by the client along with the stated legal fee.  VIEWER UNDERSTANDS AND AGREES THAT THE PROVISIONAL FILING SERVICE MERELY FILES THE SELF-DRAFTED PROVISIONAL APPLICATION WITHOUT FURTHER REVIEW AND IT IS THE SOLE RESPONSIBILITY OF THE VIEWER TO PROPERLY PREPARE THE PROVISIONAL APPLICATION .  VIEWER UNDERSTANDS AND AGREES THAT THE provisional filing service IS NEITHER A STATEMENT NOR A GUARANTEE THAT Viewer HAS INCLUDED ALL OF THE NECESSARY INFORMATION FOR THE INVENTION SINCE NEUSTEL LAW OFFICES, LTD DOES NOT HAVE FIRST HAND KNOWLEDGE OF THE INVENTION.  Viewer UNDERSTANDS AND AGREES THAT IT IS THEIR SOLE RESPONSIBILITY TO INSURE THAT THEY HAVE INCLUDED ALL RELEVANT INFORMATION ABOUT THE INVENTION WITHIN THE PROVISIONAL PATENT APPLICATION AND THAT THEY HAVE DISCLOSED THE “BEST MODE” OF OPERATION. Viewer has read and understands the Terms of Service and the FAQ Section as provided at http://www.neustel.com/fileprovisional.asp.

 

vi. FREE ONE TIME SERVICES PER PURCHASER BY NEUSTEL LAW OFFICES, LTD.  Viewer understands that Neustel Law Offices, LTD offers one free Patent Attorney Review and one free Provisional Filing Service (excluding USPTO filing fee) which are limited to one per purchaser and must be used within one year of the purchase of the PatentWizard product.  The offer automatically expires after this one year period of time without notice. Viewer

PATENTHUNTER SOFTWARE NOTICES:

i. Viewer must read, understand and acknowledge the following limitations prior to proceeding with the PatentHunter program.

(a) VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT THE PATENTHUNTER SOFTWARE PROGRAM IS NOT DESIGNED TO DOWNLOAD ALL AVAILABLE PATENTS IN THE WORLD. VIEWER SHOULD REVIEW WWW.PATENTHUNTER.COM FOR INFORMATION RELATING TO THE AVAILABILITY OF PATENTS TO DOWNLOAD.

(b) Viewer understands that Neustel Software is wholly owned by Michael S. Neustel who owns Neustel Law Offices, LTD.

(c) Viewer understands that Neustel Law Offices, LTD and Michael S. Neustel provide patent services for inventors such as patent searches, patentability opinions, patent application reviews, and patent application drafting services.

(d) Viewer understands that all purchases are NON-REFUNDABLE and that all purchases are made final upon receipt of the Order Form by Neustel Software, Inc. unless stated otherwise upon the web site at the time of the purchase.

(e) Viewer understands and acknowledges that they should consult with a Registered Patent Attorney if they have any legal questions.

(f) Viewer understands that they should review the Frequently Asked Questions section (http://www.patenthunter.com/htmls/faq.shtml) of this web site prior to utilizing PatentHunter software.

(g) Viewer has read and understands the User License Agreement (http://www.patenthunter.com/htmls/license.shtml) prior to purchasing, downloading or installing the PatentHunter software.

(h) Viewer understands that the usage of PatentHunter requires an Internet connection through one or more third-parties not associated with Neustel Software such as but not limited to telephone companies and internet service providers (ISP). Viewer may have to pay Internet connection fees to one or more of these third-parties based upon their agreement with the third-parties. Neustel Software strongly encourages Viewer to read their agreements with third-parties prior to utilizing PatentHunter.

(i) Viewer understands that PatentHunter downloads .tiff image files directly from the United States Patent & Trademark Office (USPTO) web site (www.uspto.gov). Viewer understands and agrees that Neustel Software shall not be responsible for the data content from the USPTO web site or disruptions of service to the USPTO web site.

(j) Viewer understands that to fully utilize PatentHunter that ADOBE ACROBAT® or other PDF viewer must be installed upon their computer.

ii. ACCESS/USE CHARGES. PATENTHUNTER accesses the United States Patent and Trademark Office (USPTO) website and the European Patent Office (EPO) website over the Internet to obtain the patent information. Use of PATENTHUNTER may result in access or use charges or fees in the following circumstances, which are out of the control of DEVELOPER:

(a) Internet Access Fees;

(b) Long distance telephone charges (if USER accesses the Internet or a network over a phone line);

(c) Printing, copying, or reproduction charges, fees, or costs;

(d) The USPTO changes, amends or modifies its current policy and charges fees or restricts access to patent data;

(e) Charges for computer use (if USER rents a computer or other electronic device); and

(f) Utility costs associated with the operation of computer or electronic equipment.

iii. USPTO DATABASE ACCESS. You should not submit unreasonable loads upon the USPTO web site by submitting an unreasonable number of search and/or download requests. It is important to realize that the usage of PatentHunter may result in the blockage of your access to the USPTO records by the USPTO if you exceed certain USPTO guidelines. The following is a notice from the USPTO web site (February 18, 2004): “These databases are intended for use by the general public. Due to limitations of equipment and bandwidth, they are not intended to be a source for bulk downloads of USPTO data. Bulk data may be purchased from USPTO at cost (see the USPTO Products and Services Catalog). Individuals, companies, IP addresses, or blocks of IP addresses who, in effect, deny service to the general public by generating unusually high numbers (1000 or more) of daily database accesses (searches, pages, or hits), whether generated manually or in an automated fashion, may be denied access to these servers without notice.” If you are having problems accessing patent data from the USPTO web site, please see http://www.uspto.gov/patft/access.html which provides information on how to reinstate access.

iv. CUSTOMER SUPPORT. There are free answers to frequently asked questions at http://www.patenthunter.com/htmls/faq.shtml. For individuals/entities with a valid subscription to PatentHunter, there is no charge for customer support.

TRADEMARKHUNTER SOFTWARE NOTICES:

i. Viewer must read, understand and acknowledge the following limitations prior to proceeding with the TrademarkHunter program.

1. VIEWER UNDERSTANDS AND ACKNOWLEDGES THAT THE TRADEMARKHUNTER SOFTWARE PROGRAM IS NOT DESIGNED TO DOWNLOAD ALL AVAILABLE TRADEMARKS IN THE WORLD. VIEWER SHOULD REVIEW WWW.TMHUNTER.COM FOR INFORMATION RELATING TO THE AVAILABILITY OF TRADEMARKS TO DOWNLOAD.
2. Viewer understands that Neustel Software, Inc. is wholly owned by Michael S. Neustel who is a U.S. Registered Trademark Attorney and the owner of Neustel Law Offices, LTD.
3. Viewer understands that Neustel Law Offices, LTD and Michael S. Neustel provide trademark services for individuals/companies such as trademark searches, registrability opinions, infringement opinions, and trademark application drafting services.
4. Viewer understands that all purchases are NON-REFUNDABLE and that all purchases are made final upon receipt of the Order Form by Neustel Software, Inc. unless stated otherwise upon the web site at the time of the purchase.
5. Viewer understands that they should consult with a trademark attorney prior to using a trademark or before filing a trademark application to discuss various legal issues that only a qualified attorney can answer.
6. Viewer understands and acknowledges that they should consult with a qualified attorney if they have any legal questions.
7. Viewer understands that they should review the Frequently Asked Questions section (http://www.tmhunter.com/asp/faq.asp) of this web site prior to utilizing TrademarkHunter software.
8. Viewer understands that the usage of TrademarkHunter requires an Internet connection through one or more third-parties not associated with PatentWizard, LLC such as but not limited to telephone companies and internet service providers (ISP). Viewer may have to pay Internet connection fees to one or more of these third-parties based upon their agreement with the third-parties. Neustel Software, Inc. strongly encourages Viewer to read their agreements with third-parties prior to utilizing TrademarkHunter.
9. Viewer understands that TrademarkHunter downloads data, HTML code and graphics files directly from the United States Trademark & Trademark Office (USPTO) web site (www.uspto.gov). Viewer understands and agrees that Neustel Software shall not be responsible for the data content from the USPTO web site or disruptions of service to the USPTO web site.
10. Viewer understands that to fully utilize TrademarkHunter that Microsoft® Internet Explorer must be installed upon their computer.
    

ii. ACCESS/USE CHARGES. TRADEMARKHUNTER accesses the United States Trademark and Trademark Office (USPTO) website over the Internet to obtain the trademark information. Use of TRADEMARKHUNTER may result in access or use charges or fees in the following circumstances, which are out of the control of DEVELOPER:

1. Internet Access Fees;
2. Long distance telephone charges (if USER accesses the Internet or a network over a phone line);
3. Printing, copying, or reproduction charges, fees, or costs;
4. The USPTO changes, amends or modifies its current policy and charges fees or restricts access to trademark data;
5. Charges for computer use (if USER rents a computer or other electronic device); and
6. Utility costs associated with the operation of computer or electronic equipment.
   

iii. USPTO DATABASE ACCESS. It is important to realize that the usage of TrademarkHunter may result in the blockage of your access to the USPTO records by the USPTO if you exceed certain USPTO guidelines. The following is a notice from the USPTO web site as of February 17, 2004: "Important Notices Concerning TESS: TESS is intended for use by the general public. Due to limitations of equipment and bandwidth, TESS is not intended to be a source for bulk downloads of USPTO data. Bulk data may be purchased from USPTO at cost (see the USPTO Products and Services Catalog). Individuals, companies, IP addresses, or blocks of IP addresses who, in effect, deny service to the general public by generating unusually high numbers of daily TESS accesses (searches, pages, or hits), whether generated manually or in an automated fashion, may be denied access to these servers without notice." If you are having problems accessing trademark data from the USPTO web site, please see http://www.uspto.gov/patft/access.html which provides information on how to reinstate access. See www.uspto.gov for more information.

iv. CUSTOMER SUPPORT. There are free answers to frequently asked questions at http://www.tmhunter.com/asp/faq.asp. For individuals/entities with a valid subscription to TrademarkHunter, there is no charge for customer support.

GOVERNING LAW.  The TOSA and the relationship between Viewer and Neustel Software shall be governed by the laws of the State of North Dakota without regard to its conflict of law provisions.

SECTION TITLES OF TOSA.  The section titles in the TOSA are for convenience only and have no legal or contractual effect.

ENTIRE AGREEMENT. The TOSA constitutes the entire agreement between Viewer and Neustel Software and governs the entire usage and viewing of the web site, superceding any prior agreements between Viewer and Neustel Software.  No subsequent alteration, amendment, change or addition to the TOSA shall be binding upon either party unless published upon the Neustel Software web site at http://www.patentwizard.com/htmls/notice.htm.