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. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

These terms and conditions ("Agreement") apply to your purchase of computer systems and/or related products and/or services and support sold in the United States ("Product") by EmperorLinux. 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 EmperorLinux immediately and return your purchase pursuant to EmperorLinux's Total Satisfaction Return Policy. (See: http://www.EmperorLinux.com/contact/ for our contact information.) If returned, Product(s) must remain in the boxes in which they were shipped. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH EMPERORLINUX, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER EMPERORLINUX TERMS AND CONDITIONS APPLY TO THE TRANSACTION.

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 EmperorLinux. If you do not receive an invoice or acknowledgement in the mail, via email, or with your Product, information about your purchase may be obtained by contacting your sales representative.

Payment terms are within EmperorLinux's sole discretion, and, unless otherwise agreed to by EmperorLinux, payment must be made at the time of purchase. Payment for Product may be made by credit card, wire transfer, or some other prearranged payment method. Your order is subject to cancellation by EmperorLinux, at EmperorLinux's sole discretion. EmperorLinux is not responsible for pricing, typographical, or other errors, in any offer by EmperorLinux and reserves the right to cancel any orders resulting from such errors.

Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by EmperorLinux is EmperorLinux's responsibility. Loss or damage that occurs during shipping by a carrier selected by you, or on a shipping account furnished by you, is your responsibility. You must notify EmperorLinux within 30 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong, or damaged. Shipping dates are estimates only. Title to software will remain with the applicable licensor(s). EmperorLinux retains a security interest in the products until payment in full is received.

THE LIMITED WARRANTIES APPLICABLE TO EMPERORLINUX-BRANDED HARDWARE INTEGRATED WITH SOFTWARE PRODUCT CAN BE FOUND AT http://www.EmperorLinux.com/etc/policy/support/ OR IN THE DOCUMENTATION EMPERORLINUX PROVIDES WITH THE PRODUCT. EMPERORLINUX MAKES NO HARDWARE WARRANTY. HARDWARE WARRANTY AND SERVICE, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY EMPERORLINUX. EMPERORLINUX MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN EMPERORLINUX'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. WARRANTIES AND SERVICE WILL BE EFFECTIVE, AND EMPERORLINUX WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES AND SERVICES, ONLY UPON EMPERORLINUX'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED OR SERVICED.

All software is provided subject to the license agreement that is part of the software package and you agree that you will be bound by such license agreement.

New and refurbished Product that you purchase directly from EmperorLinux (and not a third party) you may return or exchange only in accordance with EmperorLinux's return policy in effect on the date of the invoice. Any returns or exchanges will be made in accordance with EmperorLinux's exchange policies in effect on the date of the return or exchange. You must contact us 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 packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. EmperorLinux's return policy can be found at: http://www.EmperorLinux.com/etc/policy/return/. If you fail to follow the return or exchange instructions and policies provided by EmperorLinux, EmperorLinux is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. If you are returning all components in an order, you will be credited the full amount paid for the order. At EmperorLinux's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.

EmperorLinux's policy is one of ongoing update and revision. EmperorLinux may revise and discontinue Product at any time without notice to you and this may affect information provided in a previous quotation (email, faxed, or on-line "Quote"). EmperorLinux will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.

Service offerings may vary from Product to Product. If you purchase optional services and support from EmperorLinux, EmperorLinux will provide such service and support to you in accordance with the terms and conditions located at http://www.EmperorLinux.com/etc/policy/support/ or as mailed to you. You may contact EmperorLinux for more information. EmperorLinux may its sole discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. The support policies in place at the time of order shipment will apply. EmperorLinux has no obligation to provide service or support until EmperorLinux has received full payment for the Product or service/support contract you purchased. EmperorLinux is not obligated to provide service or support for products you purchase through a third party and not EmperorLinux.

EMPERORLINUX 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, EMPERORLINUX 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, EMPERORLINUX IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE 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.

You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale. EmperorLinux has separate terms and conditions governing resale of Product by third parties.

If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by EmperorLinux were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.

THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND EMPERORLINUX, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "EmperorLinux") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), EmperorLinux's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between customer and EmperorLinux. NEITHER CUSTOMER NOR EMPERORLINUX SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. EmperorLinux will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.

(REV 11/2004)