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WEBNET.DOLBEY.COM ACCESS & CONFIDENTIALITY AGREEMENT

This Access & Confidentiality Agreement ("Agreement") is made effective as of the first date of Registration on www.Webnet.Dolbey.Com (“Web Site”) by and between Dolbey (“Dolbey”) and you (“User”).

Dolbey is engaged in the sales, development, and support of digital dictation, transcription, and speech recognition information system software products. User understands and that they are requesting access Web Site, a confidential product support resource for authorized Dolbey dealers ("representative") and their employees only.

By User selecting I AGREE at the bottom of this page and being granted access to Web Site, User agrees to the following provisions:

1. Acceptance

1.1. Acceptance of this agreement by User will be deemed to have occurred on the date User is granted Login privileges to the site.

2. Authorization

2.1. User grants that they are employed by an authorized representative of Dolbey. If User is not employed by an authorized representative of Dolbey, User agrees that they may be liable for damages suffered by Dolbey as a result of unauthorized access.

3. Confidentiality

3.1. User recognizes that Web Site has and will have business affairs and other proprietary information which are valuable, special and unique assets of Dolbey. User agrees not to use, divulge, disclose or communicate the information to any third party without the prior written consent of Dolbey. User will protect the information and treat it as strictly confidential.

3.2. Confidentiality After Termination of Access: The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.

4. Term/Termination

4.1. User understands and accepts that Dolbey does not endorse any particular comments made and disclaims any liability for information put on this site by any user.

4.2. Employee Termination: User understands and agrees that they must forfeit access to Web Site immediately if they are no longer an employee of a Dolbey authorized representative. Forfeiture occurs on the date of employee termination or resignation notice, whichever occurs first.

4.3. Right to Cancel Without Cause: User understands that access to Web Site is a privilege of Dolbey authorized representatives that can be terminated at any time without cause or notice.

5. Return of Records

5.1. Upon termination of Web Site access, User shall deliver all records made available from Web Site that are in User’s possession within 10 working days of termination. This includes but is not limited to: demo software and script, all marketing materials, slide show presentations, technical documentation, and users’ manuals. User understands that they may be liable for damages resulting from any and all records that are not returned to Dolbey.

6. Entire Agreement

6.1. This Agreement contains the entire agreement of access to Web Site, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

7. Severability

7.1. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

8. Waiver of Contractual Right

8.1. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

9. Applicable Law

9.1. This Agreement shall be governed by the laws of the State of Ohio.

 
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