Space News Subscription Agreement

Space News is an online news and information service from Imaginova Corp. ("Imaginova"), available at: http://www.spacenews.com and http://www.space.com/spacenews.

1. YOUR ACCEPTANCE OF THESE CONDITIONS
By completing the registration process, clicking the "Yes" button, and using Space News, you affirm that you agree to be bound by all of the terms in this Subscription Agreement, as well as the Imaginova Terms and Conditions, and that you accept Imaginova's Privacy Policy. You may print and keep a copy of this Agreement. Imaginova may change the terms in this Subscription Agreement. If and when the terms are changed, Imaginova will notify you by email or online postings on either SpaceNews.com or Space.com, and the changes also will appear in the online version of this Agreement. If you do not agree to the changes, you may cancel your subscription to Space News. If you do not cancel your subscription but use Space News after Imaginova has notified subscribers of or posted on the SpaceNews.com or Space.com Web site a change in the Subscription Agreement, your use after such change has been posted constitutes your agreement to be bound by all of the changes. By clicking the "Yes" button, you also are agreeing that Space News and Imaginova may store information about you and provide it to potential advertisers in Space News and Imaginova's other online or print publications. Imaginova also may use your information to inform you, or cause others to inform you, about other Imaginova publications, products and services, and subscriber and registrant benefits and programs, unless you notify Imaginova on the subscription form that you do not wish to receive this information.

2. COPYRIGHT AND LIMITATIONS ON USE
The information available through Space News is the property of Imaginova and/or its licensors and is protected by copyright and other intellectual property laws. Information received through Space News may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast or circulate the information received through Space News to anyone, including but not limited to others in the same company or organization as you, without the expressed prior written consent of Space News or Imaginova, with these exceptions:

a. You may, on an occasional and irregular basis, include isolated portions of information from Space News in official memoranda, unit newsletters, reports, and presentations, but only if such memoranda, reports, and presentations are distributed or otherwise made available in non-electronic form, for a non-commercial purpose to a limited number of individuals. You must include in all such memoranda, reports, and presentations the phrase, “Used with permission of SpaceNews.com” (or “Space.com,” as applicable). You may not post any content from Space News to any newsgroup, mail list, electronic bulletin board or other forum without the prior written consent of Imaginova.

b. Reports and images on Space News whose source is clearly stated as being from NASA, the Department of Defense or other government agencies may be republished without Imaginova's, consent except where Space News has modified the architecture or appearance of such report or images.

3. USE OF AND TERMINATION OF YOUR ACCOUNT
Your Space News account is for your personal use and you are responsible for statements posted or transactions made while your account is active using your personally selected user name and password. Space News may discontinue or change Space News, or its availability to you, at any time, and you may always terminate your subscription at any time. The termination form (Subscription Inquiry Form) may be accessed via the subscription form. IMAGINOVA MAY TERMINATE YOUR ACCOUNT IF, IN IMAGINOVA'S SOLE JUDGMENT, THERE IS EVIDENCE THAT MULTIPLE PERSONS HAVE ACCESSED SPACE NEWS USING YOUR USER NAME AND PASSWORD. IMAGINOVA'S DETERMINATION REGARDING SUCH EVIDENCE SHALL BE FINAL AND BINDING. IMAGINOVA MAY ALSO TERMINATE YOUR ACCOUNT IF, IN ITS REASONABLE DISCRETION, IT BELIEVES THAT YOU HAVE VIOLATED ANY OF THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT OR THE IMAGINOVA PRIVACY POLICY OR TERMS OF USE.
You can cancel your account at any time by completing the Space News Subscription Inquiry Form, providing your full name, address (including email address) and specifying the service you wish to cancel.

4. FEES AND PAYMENTS
You will always be able to find the current Subscription Fees, and charges, if any, for special or additional content or features, under Subscription Information. You agree to pay all charges incurred in connection with your user name and password for Space News (including any applicable taxes) at the rates in effect when the charges were incurred. Imaginova may change the Subscription Fees and charges then in effect, or add new charges, by giving you notice in advance. All charges incurred in connection with your user name and password will be billed to the credit card you designate during the registration process. If you wish to designate a different credit card, if there is a change in your credit card's validity or expiration date, or if you believe someone has accessed Space News using your user name and password without your authorization, you must call Space News' Customer Service department at the telephone numbers posted on the subscription form, or by completing a Space News Subscription Inquiry form (available at https://www.cambeywest.com/spn/spncustserve.asp). You also will be responsible for any charges incurred to access Space News through an Internet access provider or other third party service. IMAGINOVA SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHETHER OR NOT SUCH CHARGES WERE AUTHORIZED BY YOU.

5. DISCLAIMER OF WARRANTIES AND LIABILITY
Space News includes information that to the best of its knowledge is factual, as well as the views, opinions, and recommendations of individuals and organizations deemed of interest. Imaginova does not guarantee the accuracy, completeness, or timeliness of any reported fact, or otherwise endorse the views, facts, opinions or recommendations of others. Moreover, due to the number of sources from which news, information, and interactivity on Space News is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such news and information. SPACE NEWS, IMAGINOVA AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION AVAILABLE THROUGH SPACE NEWS, OR SPACE NEWS ITSELF. NEITHER IMAGINOVA NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY (WHETHER OR NOT CAUSED IN WHOLE OR PART BY THE NEGLIGENCE OF IMAGINOVA, OR ITS AFFILIATES, AGENTS OR LICENSORS OR BY CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING SPACE NEWS AND ANY NEWS AND INFORMATION THROUGH SPACE NEWS). IN NO EVENT WILL IMAGINOVA, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH NEWS AND INFORMATION. IN THE EVENT THAT A COURT OF COMEPETENT JURISDICTION SHOULD HOLD THAT IMAGINOVA AND ITS AFFILIATES, AGENTS, OR LICENSORS MAY NOT DISCLAIM LIABILITY FOR DAMAGES CAUSED AS A DIRECT RESULT OF THE ACTIONS OR NEGLIGENCE OF IMAGINOVA AND/OR ITS AFFILIATES, AGENTS OR LICENSORS, SUCH ENTITIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, YOU AGREE THAT THE LIABILITY OF IMAGINOVA, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH IMAGINOVA OR THE NEWS AND INFORMATION IN SPACE NEWS SHALL NOT EXCEED THE AMOUNT YOU PAID TO SPACE NEWS OR IMAGINOVA FOR THE USE OF SPACE NEWS.

6. INFORMATION YOU PROVIDE
You agree that you may upload, or otherwise transmit on or to Imaginova, only such information, images, software, or files ("Content") that (1) is not subject to any copyright or other rights, or (2) any holder of rights has given you express authorization to use in such manner. By submitting Content to Imaginova for posting on Space News you grant Space News and Imaginova and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide, and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any rights (including moral rights) in such Content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to display, view, store, and reproduce the Content for personal use. Subject to the foregoing, the owner of Content placed on Space News retains any and all rights that may exist in such Content.

7. NO EXPORTING OF SOFTWARE TO CERTAIN COUNTRIES
You agree to abide by U.S. and other applicable export control laws, and not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Space News or any other Imaginova Web site or Internet address (URL) any data or software that cannot be exported without prior written government authorization, including but not limited to certain types of encryption software. This assurance and commitment shall survive the termination of this Agreement. You acknowledge that control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain Content or software of Space News. This Subscription Agreement will not be governed by the Unites Nations Convention on Contracts for the International Sale of Goods.

8. CLASSIFIED ADVERTISING
When you submit a classified ad for publication on Space News, you agree that the advertisement as it appears on SpaceNews.com becomes the property of Imaginova, and you assign all ownership interest in the advertisement as it appears on Space News under copyright law or otherwise to Imaginova. Submission of an advertisement does not constitute a commitment by Imaginova to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and require proper punctuation. Imaginova reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.

9. MISCELLANEOUS
This Subscription Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Subscription Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Subscription Agreement, your rights and obligations, and all actions contemplated by this Subscription Agreement shall be governed by the laws of the United States of America and the State of New York, as if the Subscription Agreement was a contract wholly entered into and wholly performed within the State of New York.

This Space News Subscription Agreement is effective as of May 29, 2008.