Privacy Statement

Our postal address is ICONIX, INC., 255 W. Julian St, Suite 302, San Jose, California 95110, USA.

We can be reached via email at privacy at iconix dot com.

ICONIX, Inc. is committed to protecting the privacy of each user who navigates the Site or uses the Iconix Truemark service. In general, you can browse the Site or use the Truemark service without providing any "Personally Identifiable Information". Personally Identifiable Information means any identifier that permits the physical or online contacting or identification of a specific individual.

This Policy describes how we collect and use Personally Identifiable Information.

Information Collection

Our Website. We collect generally available computer system information, including, but not limited to the domain name, IP address, referral link, operating system, and browser type and version being used to access the Site. We collect the email addresses or other contact data of those who communicate with us via email or otherwise, user-specific information on what pages you access or visit, and information volunteered by you, such as survey information.

The Iconix Truemark Service. Once installed on your computer, the Iconix Truemark software uses icons to visually identify email sent to you by others. In order to provide you with this identification, the software collects information about: i) the sender that is embedded in the email and ii) the system environment (operating system version, browser type and email type) in which the plug-in runs and then transmits that information to ICONIX, Inc. ICONIX, Inc. then sends instructions to your computer to display the icons, if any, associated with the sender. ICONIX, Inc. maintains a logfile on your computer related to the system environment and the senders that are identified at http://www.iconix.com/protectsites.php. This logfile improves the performance of the software and enables the display of icons when you are off-line. This log file is transmitted to ICONIX, Inc. from time to time and is used by ICONIX, Inc. to improve its services and to provide statistical information to senders of email. Senders may include Personally Identifiable Information in email headers which ICONIX, Inc. delivers to respective Senders; for example, if Sender A includes a customer identification number in its email header, ICONIX, Inc. may deliver that email header ONLY to Sender A. ICONIX, Inc. does not retain any individual, non-aggregated Personally Identifiable Information gathered on behalf of senders and ICONIX, Inc. does not use for its own purposes any individual, non-aggregated Personally Identifiable Information gathered on behalf of senders.

Iconix Feedback Component. If you elect to activate the Iconix Feedback Component, then the logfile maintained on your computer and provided to ICONIX, Inc. will also collect non-Personally Identifiable Information related to all senders, in addition to the information collected regarding senders that are identified at http://www.iconix.com/protectsites.php. This data will be used by ICONIX, Inc. to maintain its list of senders whose email is marked by ICONIX, Inc. ICONIX, Inc. does not collect any Personally Identifiable Information regarding senders who are not listed at http://www.iconix.com/protectsites.php.

MyIconix. If you elect to activate the "About Me" feature of MyIconix, then we will collect your email address, the name you provide and the graphics you provide to us for display with email you send. You agree that you are responsible for your own communications and the material that you make available using MyIconix; therefore, you are responsible for any consequences resulting therefrom. Your use of MyIconix is subject to your acceptance of and compliance with this Agreement. You agree that you will use MyIconix in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use MyIconix to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, promotive of illegal activity; fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by us; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations or violate privacy or publicity rights of others; (iii) prevent others from using MyIconix; (iv) use MyIconix for any fraudulent or inappropriate purpose; (v) generate or facilitate unsolicited commercial email ("spam"); such activity includes, but is not limited to sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law; (vi) imitating or impersonating another person or his, her or its email address, or creating false accounts; (vii) sending emails to users who have requested to be removed from a mailing list; (viii) selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; (ix) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or similar laws of other countries that are applicable to you; or (x) remove any copyright, trademark or other proprietary rights notices contained in or on MyIconix. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. We take no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third party content. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted or posted by you or others, are the sole responsibility of the person from which such Content originated. This means that you, and not ICONIX, Inc, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via MyIconix. We do not control the Content posted via MyIconix and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via MyIconix. We reserve the right at all times to remove or refuse to distribute any Content on MyIconix, such as Content which violates the terms of this Agreement. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of ICONIX, Inc., its users and the public. We will not be responsible or liable for the exercise or non- exercise of our rights under this Agreement.

Information Use and Dissemination.

The information we collect from our website and/or the Iconix Truemark Service is: (i) used to improve the content of the Site; (ii) used to customize the content and/or layout of the Site for each individual visitor; (iii) used to notify consumers about updates to the Site and/or information about ICONIX, Inc.; (iv) used to gather information for market research in support of our business strategies; (v) disclosed to our agents or contractors who assist in providing support for our internal operations and compliance; (vi) used to respond to your communication with us; (vii) used to provide you with any information to which you have subscribed from us; (viii) used to verify or enforce compliance with the policies governing the Site and applicable laws; (ix) used to provide the Iconix^® services, if any, which you use; and/or (x) used to protect against misuse or unauthorized use of the Site.

The information we collect is disclosed: (i) when legally required to do so, at the request of governmental authorities conducting an investigation, consistent with the request of the government authority; (ii) to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting the Site; (iii) to the sender of emails in the case of embedded Personally Identifiable Information; (iv) to recipients of your emails who use the Iconix Truemark service when you use the About Me feature of MyIconix (the information disclosed in the case of the About Me feature is the information that you provide to us for the purpose of display, consisting of your email address, your name and the image(s) your provide) and/or (v) in aggregate form to other reputable organizations or to the public.

Failure to Create Password.
ICONIX, Inc. has no services for consumers which require passwords.

Cookies
We use cookies to store visitors' preferences, record user-specific information on what pages users access or visit, record past activity at the Site in order to provide better service when visitors return to our site.

We use temporary cookies, called "session" cookies, to track a customer's path through the Site to better enable us to provide the most informative and effective experience possible. These cookies do not contain any personally identifying information and last only as long as you are on the Site. We may also use longer lasting cookies, called "persistent" cookies, to store information that you have supplied either through a form submission or from parameters offered by your browser.

Opting In and Opting Out
We may give you the opportunity to "opt in" to receive information such as company news, newsletters, direct marketing or market research information. This means that you have given us your consent to collect and use your information in accordance with this privacy policy unless you take affirmative action to indicate that you do not consent, for instance by not clicking or checking the appropriate option or box at the point of collection. In some cases, when applicable, we will provide you with the opportunity to "opt out". "Opt out" means we will assume your consent unless you provide affirmative action to indicate that you do not consent to the use of your information for purposes other than the purpose for which it was submitted.

If you do not want to receive email from us in the future, please let us know by sending an email to opt-out at iconix dot com. We do not share your email address with other companies or organizations except as disclosed above.

Interaction with Third Parties
In order to help bring offers that are of interest to you, we may have relationships with other companies that we allow to place advertisements on the Site. These advertisers and other third parties whose products or services are promoted on the Site may also use cookies, and we advise you to check their privacy policies for information about their cookies and other privacy practices.

The Site may contain links to third party web sites. Access to any other web site linked to the Site is at the user's own risk. The linked sites are not under the control of ICONIX, Inc. and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on any linked site or any link contained in a linked site, or any changes or updates to such sites. We only provide these links as a convenience to you, and any inclusion of any link does not imply endorsement of that web site by ICONIX, Inc.

We provide statistical information to senders of email. We may also provide (in the case of senders listed at http://www.iconix.com/protectsites.php) to the respective senders any embedded Personally Identifiable Information which senders may include in email headers.

Intellectual Property Rights

Our Intellectual Property Rights. You acknowledge that ICONIX, Inc. owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "Iconix Rights"), and such Iconix Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, adapt, translate, or create derivative works from the Service nor will you attempt to reverse engineer the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Iconix Rights include rights to (i) the Service developed and provided by ICONIX, Inc.; and (ii) all software associated with the Service. The Iconix Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service other than communications of ICONIX, Inc.

Your Intellectual Property Rights. We do not claim any ownership in any of the Content, including any text, data, information, images, photographs, music, sound, video, or other Content, that you upload, transmit, display or store using MyIconix. We will not use any of your Content for any purpose except to provide you with the MyIconix service, promote the MyIconix service, and monitor your compliance with this Agreement. With respect to Content that you submit or make available for inclusion in MyIconix, you grant us a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the MyIconix service solely for the purposes of providing and promoting the Service. With regard to Content that you submit or make available for inclusion in MyIconix, this license exists only for as long as you elect to continue to include such Content on MyIconix and will terminate at the time you remove or we remove such Content from MyIconix. Changes to this Privacy Policy If our information practices change at some time in the future, we will post the policy changes to the Site to notify you of these changes and we will use for these new purposes only data collected from the time of the policy change forward. If you are concerned about how your information is used, you should check back at the Site periodically. If you provide us with your email address to receive information about Iconix, we will also send you an email regarding the changes.

Children and Privacy
The Site does not target and is not intended to attract children. ICONIX, Inc. does not knowingly solicit COPPA personal information from children or send them requests for COPPA personal information. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to subscribe to services offered on the Site.

Your Responsibilities
You are responsible for complying with the Terms of Use applicable to your use of services provided by ICONIX, Inc. ICONIX, Inc. reserves the right to refuse service to anyone at any time without notice for any reason or no reason.

Your "Account Information"
"Account Information" means the Personally Identifiable Information we collect from you, the "Opt-In" and "Opt-Out" preferences you have made on the Site, and any information you provide to us in order to use the services we offer. The Personally Identifiable Information we collect by reason of Personally Identifiable Information embedded by senders in emails is not retained by ICONIX, Inc. You can manage your "Opt-In" information as described at Opting In and Opting Out. Please click here to read about information that might possibly remain in our records after you have opted-out. Regarding the "About Me" feature of MyIconix, you may modify the information by using the Add/Edit function and you may delete the information by using the "Delete" function; changes made in "About Me" may take several hours to propagate over the internet.

Account Information
When you submit information to ICONIX, Inc., a temporary copy of that information is routinely made to prevent accidental loss of your information through a computer malfunction or human error.

ICONIX, Inc. keeps your Account Information active in our user databases in order to provide the services and information that you have requested from ICONIX, Inc. We may retain opt-in and opt-out requests indefinitely.

Our computers that support the services which we provide process and store an enormous amount of information every day. These computer records are called "log files." Log files are used for analysis, research, auditing, and other purposes, as described above. After this information has been used, it is stored and is archived in back-up storage. Your Account Information may remain in log files that are on our computers and/or in archived storage.

Personal information collected by us may be stored and processed in the United States or any other country in which we or our agents maintain facilities. By using the Iconix services, you consent to any such transfer of information outside of your country.

Information Security
With respect to security, we have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at the Site.

Invitation and Referrals
Our emails or services may include a request to forward to a friend. If you choose to forward an email or information from ICONIX, Inc. to a friend, then your name and email address and the name and email address of your friend that you enter are stored on our servers and are used only for these purposes:

1. ICONIX, Inc,:
1. uses the names and email addresses to transmit the invitation; and
2. uses the friend's email address to;
1. compare to the list of email addresses previously invited and, if previously invited, to suppress the duplicate invitation; and
3. compare to the list of email addresses that have "opted-out" of communications from ICONIX, Inc. to suppress the invitation if the email address has previously "opted-out".

Inquires & Complaints.
If you have an inquiry or complaint about the privacy practices of ICONIX, Inc, you should contact us at privacy at iconix dot com.

Claims of copyright infringement must be made using our Digital Millennium Copyright Act procedures.

If you believe that your rights has been violated in a way that constitutes infringement of your intellectual property rights (other than your copyrights) or that your privacy rights outside of the scope of our privacy policy have been violated ("Infringement"), please provide Notice to our Compliance Office at the address set forth below with the following information:

1. the physical signature of the person authorized to act on behalf of the owner of the intellectual property or privacy interest;
2. a description of the property or privacy right that you claim has been infringed;
3. a description of where the material that you claim is infringing or otherwise unauthorized is located on the Site or elsewhere;
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 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 owner or authorized to act on the owner's behalf.

Notices regarding Infringement must be transmitted as follows:

By Certified Mail/Return Receipt Requested to:
Compliance Office
ICONIX, Inc.
255 W. Julian St, Suite 302
San Jose, CA 95110

If you feel that this Site is not following its stated information policy, you may contact The Federal Trade Commission by phone at 202.FTC-HELP (202.382.4357) or electronically at http://www.ftc.gov/ftc/complaint.htm.

Effective date: 4/13/2010

ICONIX, INC.

INTERNET -- TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE

Acceptance of terms
ICONIX, Inc. maintains this Web Site (the "Site") for your personal use. Your access to and use of the Site is subject to the following Terms of Use. ICONIX, Inc. reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use may be accessed by clicking on the "Terms of Use" hypertext link located at the bottom of the Site. By using the Site, you accept, without limitation or qualification, these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use the Site.

ICONIX may offer additional services and functionality for use with its Truemark service. The terms of use regarding such services, if any, are set forth in the Site's Privacy Policy.

Accuracy and Completeness of Information
While ICONIX, Inc. strives to ensure that the information contained in the Site is accurate and reliable, ICONIX, Inc. makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of the Site.

Modification of Site
ICONIX, Inc. will periodically revise the information, services and the resources contained in the Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors.

Your Use of the Site
You may download content for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible and you comply with all applicable license agreements. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.

You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the site in any manner without the written permission of ICONIX, Inc.

Children
The Site does not target and is not intended to attract children. ICONIX, Inc. does not knowingly solicit personal information from children or send them requests for personal information. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to subscribe to services offered on the Site. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of services offered on the Site. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur thereunder. ICONIX, Inc. reserves the right to refuse service to anyone at any time without notice for any reason.

No Unlawful or Prohibited Use
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.

Unsolicited Submissions
ICONIX, Inc. welcomes your comments and is happy to provide answers to your questions about our software, services and our company through our support function. However, we are not seeking, nor can we accept, unsolicited ideas, suggestions or materials relating to the development, design, or marketing of our software or services ("Submissions"). If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of ICONIX, Inc. ICONIX, Inc. shall exclusively now and hereinafter own all rights, title and interest therein. ICONIX, Inc. will be free to use any Submissions for any purpose whatsoever. By adhering to this policy, we hope to avoid subsequent misunderstandings among members of the public who submit comments or ideas relating to software, services or concepts developed by the employees of ICONIX, Inc.

Privacy Policy
The use by ICONIX, Inc. of any personal data you submit to the Site is governed by the Site's Privacy Policy.

Disclaimers
Your use of the Site is at your sole risk. The Site is provided on an "as is" basis. ICONIX, Inc. expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the Site, including without limitation the implied warranty of merchantability, fitness for any particular purpose or non infringement.

If you download any material from the Site, you do so at your own discretion and risk. You will be responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation of Liability
In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall ICONIX, Inc. be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.

Indemnification
You agree to defend, indemnify and hold ICONIX, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from and related to your use of the Site.

Copyright Notice
Unless otherwise noted, the graphic images, buttons and text contained in the Site are the exclusive property of ICONIX, Inc. and its licensors, successors and assigns. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of ICONIX, Inc. Some of the people illustrated on the Site are models. In the case of models, the image of the model is for illustrative purposes only and does not mean that the model personally uses or endorses the goods or services offered on the Site.

Trademarks
The Site features logos, brand identities and other trademarks and service marks (collectively, the "Marks") that are the property of, or are licensed to ICONIX, Inc. Nothing contained on should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Site without written permission of ICONIX, Inc. or any such third party that may own a Mark displayed on the Site. Iconix, the stylized word Iconix and the Iconix logo are service marks or trademarks of ICONIX, Inc.

Links to Third Party Sites
As a convenience to users, the Site may link to other sites owned and operated by third parties and not maintained by ICONIX, Inc. However, even if such third parties are affiliated with ICONIX, Inc., ICONIX, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of ICONIX, Inc. ICONIX, Inc. is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.

Jurisdiction
ICONIX, Inc. maintains and operates the Site from its offices in California, United States of America. These Terms of Use are governed and interpreted under the laws of the State of California, United States of America. By using this site you consent to the jurisdiction of the courts located in California for any action arising from these Terms of Use. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. The failure of ICONIX, Inc. to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit the rights of ICONIX, Inc. with respect to such breach or any subsequent breaches.

Release date: 4/13/2010

1. ICONIX Copyright and Patent Information

The software of ICONIX is copyright © 2005 — 2010. All rights reserved.

U.S. Patents 7,422,115; 7,413,085; 7,487,213. Other patents pending in the United States and internationally regarding the ICONIX software and the ICONIX service.

2. ICONIX, Inc. Brand Usage & Third Party Permissions

2.1 The Brands of ICONIX, Inc. and the Independence of ICONIX, Inc.

Iconix, Truemark, the Iconix logo, the Check-lock icon, and "Trusted, Branded Email" are registered trademarks in the United States and Iconix, Truemark, the Iconix logo, the Check-lock icon, "Trusted, Branded Email", Check-lock, "eMail ID", myIconix and the Iconix enabled logo are trademarks or service marks of ICONIX, Inc.

ICONIX, Inc. develops its products and provides its services independent of any of the businesses and organizations identified on this website.

2.2 Third Party Trademarks and Service Marks

2.2.1. Use of Third Party Favicons.

The Iconix service displays many third party favicons. Iconix displays third party favicons for the purpose of identifying the sender of email for the benefit of recipients of email so that recipients can quickly, easily and accurately identify the source of email. Unless an affiliation is stated in clause 2.2.2, Iconix is not affiliated with any of the senders of email which is marked by the Iconix service. The display of a third party favicon does not imply that the third party has subscribed to or endorsed the Iconix service. Please advise Iconix of any erroneous identifications by using this form.

2.2.2 ICONIX, Inc. is a licensee of the following businesses and organizations as described below:

AOL^® Instant Messenger™, AIM^® and the Running Man logo are registered trademarks or trademarks of America Online, Inc. in the United States and/or other countries. AOL^® Instant Messenger™, AIM^® and the Running Man logo are used with permission.

eBay, the eBay logo and PayPal are registered trademarks of eBay in the United States and many other countries. The PayPal logo is a trademark of eBay. The trademarks of eBay are used with permission.

Firefox is a trademark of the Mozilla Foundation. Firefox is used with permission.

Flickr and the Flickr logo are trademarks, service marks or registered trademarks of Flickr, a Yahoo! company. The Flickr logo is used with permission.

Trend Micro is a registered trademark of Trend Micro Incorporated in the United Stated and other countries. The t-ball logo is a trademark or registered trademark of Trend Micro Incorporated. The trademarks of Trend Micro Incorporated are used with permission.

The VeriSign Secured Seal is a trademark or registered trademark of Verisign Inc. The VeriSign Secured Seal is used with permission.

All logos that are displayed by the Truemark service are the property of their respective owners.

2.2.3 ICONIX, Inc. is not affiliated with the following organizations or businesses.

Earthlink^® and the Earthlink logo are registered trademarks of Earthlink, Inc.

Google, Gmail, Blogger, the Gmail logo and the Blogger logo are trademarks, service marks or registered trademarks of Google, Inc.

Linux is a registered trademark of Linus Torvalds.

Mac and Mac OS are registered trademarks of Apple Computer, Inc.

Microsoft^®, Windows^®, Hotmail^®, MSN^®, the MSN butterfly logo and Outlook^® are registered trademarks of Microsoft Corporation; and Windows XP™ is a trademark of Microsoft Corporation.

Thunderbird and Firefox are trademarks of the Mozilla Foundation.

Yahoo!, Yahoo! Mail, and the Yahoo! logos are trademarks, service marks or registered trademarks of Yahoo! Inc. Yahoo! Inc. is not affiliated with ICONIX, Inc. Yahoo! Inc. does not sponsor, endorse, or approve of the Iconix solution.

This clause 2.2.3 does not modify clause 2.2.1. Clause 2.2.1 applies to organizations and businesses that are not set forth in this clause 2.2.3.

Release date: 7/17/09

Digital Millennium Copyright Act

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). The text of the DMCA can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/. If we remove or disable access to comply with the DMCA, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who may make it available to the public.

• Infringement notification
• Counter notification
• Designated Agent

INFRINGEMENT NOTIFICATION

To be effective, a notification of claimed infringement must be a written communication provided to our designated agent that includes substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DO NOT MAKE UNFOUNDED CLAIMS OF INFRINGEMENT. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your copyrights are being infringed. For example, in the case OPG vs. Diebold (http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/), a company that made unfounded claims of infringement agreed to pay over $100,000 in damages after it was ordered to pay such costs and attorneys fees.

COUNTER NOTIFICATION
Pursuant to the DMCA, the administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter notification, we will reinstate the material in question, consistent with the DMCA. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.

A counter notification must be a written communication provided to our designated agent that includes substantially the following:

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, Santa Clara County, California, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.

DO NOT MAKE UNFOUNDED COUNTER-NOTIFICATIONS. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent you are not infringing the copyrights of others.

DESIGNATED AGENT

Robert Zager
ICONIX, INC.
255 W. Julian St
Suite 302
San Jose, CA 95110

Telephone: 4O8-727-6342 x 1O2

OR FAX TO:
ATTN: DMCA Complaints
4O8-727-6249

OR EMAIL TO:
compliance@iconix.com

This agreement is made by and between ICONIX, Inc., a Delaware corporation, and you ("You").

Automatic updates are required for Iconix eMail ID to provide you with the latest features, hotfixes and patches. This means that this Software will periodically check for required updates from the ICONIX, Inc. server and if updates are available, apply them automatically.

ICONIX, INC. DOES NOT RETAIN PERSONALLY IDENTIFIABLE INFORMATION. SEE PARAGRAPH 11 FOR DETAILS.

ICONIX, Inc and You agree:

1.0 Definitions.
1.1 You means the person or entity designated above and any person or company affiliated with same.
1.2 Products means the concepts, ideas, programs (source and object) and manuals that are encompassed in the Iconix^® eMail ID software. Also included are all modifications, variations and enhancements thereof, regardless of the source of such modifications, variations or enhancements.

2.0 License, Non-disclosure and Ownership.
2.1 License. The Iconix brand application, whether downloaded electronically, on disk, CD-ROM, tape or other media or embedded in ROM (the "Software"), and related documentation are licensed to you by ICONIX, Inc. for your personal use. You will not utilize or incorporate any of the Software into any other product. You own the media, if any, on which the Software is recorded and the written documentation, if any, but ICONIX, Inc. retains title to the Software. Copying of the written documentation is prohibited without the express written permission of ICONIX, Inc. This License allows you to use the Software and to make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy the ICONIX, Inc. copyright notice and any other proprietary legends that were on the original copy of the Software. The Software is not designed or licensed for use in in-line control of equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or direct life support machines.
2.2 Restrictions. The Software contains copyrighted material, trade secrets, and other proprietary information, and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not use the Software for the purpose of determining how the Software functions nor to develop, create or improve products (whether software and/or hardware) which perform functions similar to the Software. If you wish to exercise any rights under Article 6.1 b of the EC Directive on the Legal Protection of Software, (Directive 91/250), you shall, prior to any such exercise, write to the Legal Department of ICONIX, Inc. Except as set forth in paragraph 2.1, you may not modify, network (except as required for normal use of the Software), rent, lease, loan, sell, distribute, or create derivative works based upon the Software in whole or in part. You may not electronically transfer the Software from one computer to another over a network, except as required for normal use of the Software.
2.3 ICONIX, Inc. owns Products. ICONIX, Inc. retains ownership of all Products provided to You as covered in this License. You may not take or copy all or any part of the source code or resultant object modules or Products of object modules in any form.
2.4. Your Confidential Information and Ideas. ICONIX, Inc. does not want to receive confidential or proprietary information from You regarding Products. Please note that any information or material provided to ICONIX, Inc. regarding Products will be deemed NOT to be confidential. By providing ICONIX, Inc. with any information or material regarding Products, You grant ICONIX, Inc. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and You also agree that ICONIX, Inc. is free to use any ideas, concepts, know-how or techniques regarding Products that You send to ICONIX, Inc. for any purpose. However, ICONIX, Inc. will not release Your name or otherwise publicize the fact that You submitted materials or other information to ICONIX, Inc. unless: (a) ICONIX, Inc. asks for and receives Your written permission to use Your name; or (b) ICONIX, Inc. is required to do so by law.
2.5. Automatic Updates. You agree to the automatic update process described at the top of this EULA.

3.0. Beta Product. This paragraph 3 sets forth the terms and conditions that apply to you if you use "Beta Products". Beta Products are products that ICONIX, Inc. makes available for testing purposes. You agree that the value of a beta test derives in large part from the amount of use and from the completeness of reports concerning use, and you will be diligent in your efforts to test the Beta Products. You agree to promptly and completely report to ICONIX, Inc. all useful information derived from testing of the Beta Products consistent with any test plan provided to you by ICONIX, Inc. These tests are performed for the benefit of ICONIX, Inc. When you are using a Beta Product, you must use the most current version of the Product that is being tested; any less-current Product must be updated and must not be used. You are licensed only to use the Beta Products and information you learn from testing for purposes of testing and reporting test results to ICONIX, Inc. for the benefit of ICONIX, Inc. and for no other purpose.

4.0 Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software and all copies thereof. This License will terminate immediately without notice from ICONIX, Inc. if you fail to comply with any provision of this License. Upon termination you must destroy the Software and all copies thereof.

5.0 Export Law Assurances. You agree and certify that neither the Product nor any other technical data received from ICONIX, Inc., nor the direct product thereof, will be exported outside the United States except as permitted by the laws and regulations of the United States.

6.0 Government End Users.
6.1 General. If this Software is acquired by or on behalf of a unit or agency of the United States Government, this provision applies. This Software (i) was developed at private expense, and no part of it was developed with government funds; (ii) is a trade secret of ICONIX, Inc. which are subject to exemption of 5 USC §552(b)(4) for all purposes of the Freedom of Information Act; (iii) is "commercial computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to ICONIX, Inc.
6.2 DOD. For units of the Department of Defense (DOD), this Software is sold only with "Restricted Rights" as that term is defined in the DOD Supplement to the Federal Acquisition Regulations ("DFARS") 52.227-7013 (c)(1)(ii), and use, duplication, or disclosure is subject to restrictions as set forth in subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013. Manufacturer: ICONIX, Inc., 255 W. Julian St., Suite 302, San Jose, California 95110.
6.3 GSA. If this Software was acquired under a GSA Schedule, the Government has agreed (i) to refrain from changing or removing any insignia or lettering from the Software that is provided and from producing copies of manuals or media (except one copy for backup purposes); (ii) that title to and ownership of this Software and any reproductions thereof shall remain with ICONIX, Inc.; (iii) that use of this Software shall be limited to the facility for which it is acquired; and (iv) that if use of the Software is discontinued at the installation specified in the purchase/delivery order and the Government desires to use it at another location, it may do so by giving prior written notice to ICONIX, Inc., specifying the type of computer and new location site.
6.4 Other Government Users. Government personnel using this ICONIX, Inc. Software, other than under a DOD contract or GSA Schedule, are hereby on notice that use of this Software is subject to restrictions that are the same as, or similar to, those specified above.

7.0 Limited Warranty on Media and Physical Embodiment of the Documentation. To the extent You are receiving Products on media, ICONIX, Inc. warrants that such media is free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. ICONIX, Inc. warrants that the physical embodiment of the written documentation is free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. ICONIX, Inc.'s entire liability and your exclusive remedy will be replacement of the media and/or written documentation that does not meet ICONIX, Inc.'s limited warranty and is returned to ICONIX, Inc. or an ICONIX, Inc. authorized representative with a copy of the receipt. ICONIX, Inc. will have no responsibility to replace media or written documentation damaged by accident, abuse, or misapplication. ANY IMPLIED WARRANTIES ON THE MEDIA AND/OR THE PHYSICAL EMBODIMENT OF THE WRITTEN DOCUMENTATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

8.0 Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and ICONIX, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ICONIX, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, ICONIX, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ICONIX, INC. OR A ICONIX, INC. AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ICONIX, INC. OR AN ICONIX, INC. AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ICONIX, INC. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF ICONIX, INC. OR AN ICONIX, INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.0 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 OF PARAGRAPHS 7, 8 AND 9 MAY NOT APPLY TO YOU.

11.0. Privacy.
11.1. How the Software Functions. The Software uses icons to visually identify email sent to You by others. In order to provide You with this identification, the Software collects information about: i) the sender that is embedded in the email and ii) the system environment (operating system version, browser type and email type) in which the plug-in runs and then transmits that information to ICONIX, Inc. ICONIX, Inc. then sends instructions to Your computer to display the icons, if any, associated with the sender. ICONIX, Inc. maintains a logfile on your computer related to the system environment and the senders that are identified at http://www.iconix.com/protectsites.php. This logfile improves the performance of the software and enables the display of icons when You are off-line. This log file is transmitted to ICONIX, Inc. from time to time and is used by ICONIX, Inc. to improve its services and to provide statistical information to senders of email. Senders may include Personally Identifiable Information in email headers which ICONIX, Inc. delivers to respective Senders; for example, if Sender A includes a customer identification number in its email header, ICONIX, Inc. may deliver that email header ONLY to Sender A. ICONIX, Inc. does not retain any individual, non-aggregated Personally Identifiable Information gathered on behalf of senders and ICONIX, Inc. does not use for its own purposes any individual, non-aggregated Personally Identifiable Information gathered on behalf of senders.
11.2. Iconix Feedback Component. If You have elected to activate the Iconix Feedback Component, then the logfile maintained on Your computer and provided to ICONIX, Inc. will collect non-Personally Identifiable Information related to all senders. This data will be used by ICONIX, Inc. to maintain its list of senders whose email is marked by ICONIX, Inc. ICONIX, Inc. does not collect any Personally Identifiable Information regarding senders who are not listed at http://www.iconix.com/protectsites.php.
11.3. Definition of Personally Identifiable Information. Personally Identifiable Information means any identifier that permits the physical or online contacting or identification of a specific individual.

12.0 Miscellaneous.
12.1 Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the State of California, except that body of California law concerning conflicts of law. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
12.2 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this License must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12.3 Survival. Those provisions which, but their nature, survive the termination of this License shall continue in full and force and effect following termination.
12.4 Revisions of this License. ICONIX, Inc. may modify the terms and conditions of this Agreement at any time by posting the substitute agreement at www.iconix.com/eula. ICONIX, Inc. will maintain www.iconix.com/eula so that it will always be current. Your continued use of this Software constitutes Your agreement to any changes that ICONIX, Inc. makes to this Agreement.
12.5 Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. For purposes of this License the term "ICONIX, Inc." includes the entities under the control of ICONIX, Inc.

Effective date: 4/7/09