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Bleu Jay Productions
Fallston, MD 21047

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 Agreement contains the terms and conditions that apply to your purchase of equipment and services from Bleu Jay Productions, Inc. entity named on the invoice ("Bleu Jay Productions, Inc.") that will be provided to you ("Customer") on orders for computer systems, related products and/or services and support sold in the United States. By accepting delivery of the computer systems, other products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH Bleu Jay Productions, Inc., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER Bleu Jay Productions, Inc. STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Bleu Jay Productions, Inc.'s sole discretion.
  1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Bleu Jay Productions, Inc..
  2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
  3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Bleu Jay Productions, Inc.'s sole discretion, and unless otherwise agreed to by Bleu Jay Productions, Inc., payment must be received by Bleu Jay Productions, Inc. prior to Bleu Jay Productions, Inc.'s acceptance of an order. Payment for the products and services and support will be made by cash, certified check, cashiers check, postal money order, credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Bleu Jay Productions, Inc.. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Bleu Jay Productions, Inc. may invoice parts of an order separately. Orders are not binding upon Bleu Jay Productions, Inc. until accepted by Bleu Jay Productions, Inc.. Any quotations given by Bleu Jay Productions, Inc. will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
  4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Bleu Jay Productions, Inc.'s invoice(s) where applicable, when possible. Unless Customer provides Bleu Jay Productions, Inc. with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Bleu Jay Productions, Inc.'s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Bleu Jay Productions, Inc.'s franchise taxes and taxes on Bleu Jay Productions, Inc.'s net income. If applicable, a separate charge for taxes will be shown on Bleu Jay Productions, Inc.'s invoice.
  5. Title; Risk of Loss. Title to products passes from Bleu Jay Productions, Inc. to Customer on shipment from Bleu Jay Productions, Inc.'s facility. Loss or damage that occurs during shipping by a carrier selected by Bleu Jay Productions, Inc. is Bleu Jay Productions, Inc.'s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
  6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO BLEU JAY PRODUCTIONS, INC.-SOLD PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS, AND THERE ARE NO WARRANTIES FOR SERVICES. BLEU JAY PRODUCTIONS, INC. MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN BLEU JAY PRODUCTIONS, INC.'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND BLEU JAY PRODUCTIONS, INC. WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON BLEU JAY PRODUCTIONS, INC.'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. BLEU JAY PRODUCTIONS, INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLEU JAY PRODUCTIONS, INC.'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN BLEU JAY PRODUCTIONS, INC.'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. Bleu Jay Productions, Inc. reserves the right to modify its warranty at any time, in its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. Bleu Jay Productions, Inc. does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
  7. Year 2000. Bleu Jay Productions, Inc.-sold hardware is covered by Bleu Jay Productions, Inc.'s "Year 2000 Statement of Compliance," a copy of which may be obtained by visiting Bleu Jay Productions, Inc.'s website at www.bleujay.com/year2000 or by contacting your sales representative. The Year 2000 Statement of Compliance is the exclusive statement of Bleu Jay Productions, Inc.'s liability for year 2000 readiness and compliance.
  8. Return and Refund Policies. Merchandise purchased directly from Bleu Jay Productions, Inc. by an end-user Customer may not be returned without a Return Authorization number. All returns must be within 30 days of the purchase date on the customer invoice. Merchandise approved for return must be returned unopened, unused, sealed in factory package. No refunds will be accepted or refunds issued on software, special order merchandise, customized systems, or on any services of design, recording, videotaping or on site service. No exceptions.
  9. Exchanges. From time to time, Bleu Jay Productions, Inc. may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Bleu Jay Productions, Inc.'s exchange policies in effect on the date of the exchange.
  10. Products. Bleu Jay Productions, Inc.'s policy is one of ongoing product update and revision. Bleu Jay Productions, Inc. may revise and discontinue products at any time. Bleu Jay Productions, Inc. will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Customer will be notified if order changes are necessary. Spare parts may be new or reconditioned.
  11. Limited Service Liabilities. Bleu Jay Productions, Inc. endeavors to provide the best customer and technical support in the production and computer industry. For end-user Customers, Bleu Jay Productions, Inc. promises that its support people will attempt to handle, over the telephone, any problem involving Bleu Jay Productions, Inc. products. However, Bleu Jay Productions, Inc.'s support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. Bleu Jay Productions, Inc. has no obligation to provide service or support until Bleu Jay Productions, Inc. has received full payment for the product or service/support contract for which service or support is requested. Bleu Jay Productions, Inc. will provide service and support to Customer in the United States in accordance with the terms and conditions of the services and support policies and conditions in effect on the date purchased. Bleu Jay Productions, Inc. cannot be responsible for support of or damages to any product stemming from the end-user's use or misuse of third party software products. Bleu Jay Productions, Inc. is not liable or responsible for any amount of damages to, or support of, any product which has suffered damage or data loss due to a computer virus, worm, or other malicious program, whether or not antivirus software has been installed or a software or hardware firewall is in place. Customer bears sole responsibility for installation, configuration and updates of antivirus definitions and firewall software.
  12. Limitation of Liability. BLEU JAY PRODUCTIONS, INC. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. BLEU JAY PRODUCTIONS, INC. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND SUPPORT CUSTOMER PURCHASES UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, BLEU JAY PRODUCTIONS, INC. IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES FOR CLAIMS AGAINST SERVICES RENDERED AND HAS NO GUARANTEES FOR CLAIMS OF QUALITY OF ARTISTIC INTERPRETATION. FURTHER, BLEU JAY PRODUCTIONS, INC. MAKES NO GUARANTEES, EXPRESSED OR IMPLIED, TO GUARANTEE QUALITY OF ARTISTIC PERFORMANCES OR ARTISTIC INTERPRETATION AND WILL NOT BE HELD LIABLE FOR SUCH CLAIMS. BLEU JAY PRODUCTIONS, INC. UTILIZES INDUSTRY STANDARDS IN THE PRODUCTION PROCESS TO CAPTURE THE HIGHEST QUALITY RECORDING OF SOUND, VIDEO, IMAGES, AND OTHER DIGITAL DATA. VARIATIONS IN QUALITY STEMMING FROM ARTISTIC INTERPRETATION ARE THE SOLE RESPONSIBILITY OF THE ARTIST. AT THE TIME THAT A SCRIPT, RECORDING PROJECT ESTIMATE, WEB SITE ESTIMATE, DESIGN ESTIMATE OR OTHER RELATED SERVICE ESTIMATE IS AGREED UPON, BLEU JAY PRODUCTIONS, INC. WILL NOT BE HELD LIABLE FOR CLAIMS AGAINST ANY DEVIATION FROM THAT ESTIMATE MADE BY CUSTOMER. CUSTOMER BEARS SOLE RESPONSIBILITY FOR ANY OVERTIME CHARGES INCURRED BY BLEU JAY PRODUCTIONS, INC. IN ITS EFFORTS TO COMPLETE A PROJECT AS REQUIRED FOR CUSTOMER SATISFACTION. BY ENTERING INTO CONTRACT, CUSTOMER AFFIRMS TO ABIDE BY ALL STUDIO POLICIES AND PROCEDURES. BLEU JAY PRODUCTIONS, INC. IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES FOR THE PURCHASE OF GOODS OR SERVICES UNDER THIS AGREEMENT. BLEU JAY PRODUCTIONS, INC. IS NOT RESPONSIBLE OR LIABLE FOR DELAYS IN DELIVERY OF GOODS OR SERVICES CAUSED BY ACTS OF GOD, BACKORDER, FAILURE OF EQUIPMENT OR OTHER EXTENUATING CIRCUMSTANCES BEYOND THE CONTROL OF BLEU JAY PRODUCTIONS, INC.

  13. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Bleu Jay Productions, Inc. has separate terms and conditions governing resales.
  14. NT 4.0 Support: Effective June 1, 2001, Bleu Jay will no longer offer direct support for Bleu Jay Systems running Windows NT 4.0. We have come to this decision based upon Microsoft's February 1, 2001 announcement that Windows NT 4.0 has reached the end of its Product LifeCycle (entering the "Extended Phase") and that direct support would be discontinued.