Warning: Pearson Education, publishing as Benjamin Cummings and adam.com® are willing to license the enclosed software to you only upon the condition that you accept all of the terms contained in this License and Limited Warranty Agreement.

1. IPweb Website

1.1. Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® offer IPweb, an on-line, World Wide Web-based subscription Website. This document will refer to this site as "the Website."

2. Ownership of the Information, Materials and Software of the Website and restrictions on use.

You expressly acknowledge and agree that the Website contains information, text, software, photos, video, graphics, music, sounds and other material (called "Content") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® or their licensors.

2.1 You understand that all articles, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials or submissions that are posted or uploaded to the Website ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Benjamin/Cummings, an imprint of Addison Wesley Longman, or adam.com®, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Website. Benjamin/Cummings, an imprint of Addison Wesley Longman , and adam.com® do not warrant that the Website is free from all errors and omissions or that the functions contained in the Website will meet your requirements. Under no circumstances will Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® be liable in any way for any Content, for any errors or omissions in any Content posted, emailed or otherwise transmitted via the Website. Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® do not warrant their Content meets any particular standard.

You agree not to use the Website to:

2.1.1 upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2.1.2 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity;

2.1.3 upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

2.1.4 upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

2.1.5 upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "Junk mail," "Spam," "chain letters," "pyramid schemes," or any other form solicitation;

2.1.6 upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

2.1.7 disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or to normally post messages, articles, or submissions;

2.1.8 interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or

2.1.9 intentionally or unintentionally violate any applicable local, state, national or international law;

2.2 You acknowledge that Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Website for reasons including but not limited to the reason specified above. Any single or repeated violation of the above may result in the termination of your rights to use the Website.

2.3 You acknowledge that Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service hereunder; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com®, its users and the public.

3. Use of the Information and Materials of the Website

The license granted herein is nonexclusive, personal to you and nontransferable. The license is determined by the type of subscription being created through an Access Code or through online purchase. The type of license and the access authority to which it applies is described in Sections 3.3 and 3.4.

3.1. Website Subscribers may use, display, reformat, download, print and reproduce Materials obtained through the Website solely for their own personal, non-commercial, educational purposes.

3.2. Website Subscribers may access and use the Website from any computer at any location where there is an Internet connection. Where multiple user access is granted under the license, multiple individuals may log into the Websites simultaneously from multiple locations.

3.3. College/University Student/Individual Subscriptions The license granted herein is for single user access to resources developed for students to use in conjunction with course assignments and for self- study, self-assessment purposes. One Access Code with student authority is issued for the subscriber's use and a unique user ID/password is created by the student for his/her individual and exclusive use; this User ID/Password may not be shared.

3.4. College/University Educator Subscriptions The license granted herein is for multiple user access to the same resources as provided to students. One User ID and Password with educator authority is issued for the subscriber and his/her teaching assistants and staff to share. For the purpose of this Agreement, these educators, teaching assistants, and staff are all considered subscribers to the Website.

3.5. Except as you may be expressly permitted by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® and any other owner of the Intellectual Property Rights in such Materials, with this one exception:

3.6. You may, on an occasional and irregular basis, include insubstantial portions of Materials from the Website in memoranda, reports and presentations, and then only to the extent that such use constitutes "fair use" under applicable copyright and intellectual property law, provided that in each instance you include in all such memoranda, reports and presentations all copyright, trademark and other notices from the Website and the information used, original source attribution, and the phrase "Used with permission from Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com®."

3.7. The foregoing exception does not include posting Materials from the Website to newsgroups, mail lists, electronic bulletin boards or any other on-line destination.

3.8. If you reproduce Materials from the Website, as permitted by this Agreement, you must preserve any copyright, trademark or other notices contained in or associated with them. This means, among other things, that if the specific Material you are reproducing does not contain the relevant notices that appear on the Website, you must go to the place on the Website where such notices appear and copy them into the Materials you are reproducing.

3.9. Without in any way limiting your obligations under Section 3.5 above, you agree not to otherwise reproduce, use, sell, transmit, publish, broadcast, or otherwise disseminate or distribute Materials from the Website to anyone, including but not limited to others in the same company, school, college or other organization, whether or not for a charge or other consideration, including but not limited to use in connection with the sale, retransmission, distribution, publication, broadcasting, circulation or other dissemination, for any purpose, whether commercial or otherwise, without the express prior written permission of Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com®.

3.10. If you wish to request permission to reproduce Materials from the Website for other than the specifically authorized educational purpose, or if you have any questions about the proper way to include such notices, contact Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com®. See Section 14.

4. This Agreement and Changes to It

4.1. In addition to being a part of the subscription form, this Agreement resides on-line at the Website http://www.interactivephysiology.com that you may reference at any time.

4.2. Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® may change any of the terms in this Subscription and End-User License Agreement at any time. Changes will become effective when Pearson Education and adam.com® post the modified Agreement on the Website. The Subscription and End-User License link will be flagged any time changes are posted. If you do not agree to the changes, you may cancel your subscription to the Website in the way described in Section 7. Continued use of this Website by you or any other subscriber under your license constitutes acceptance of the terms of the modified Agreement.

4.3. This Agreement is the entire agreement between Benjamin/Cummings, an imprint of Addison Wesley Longman, adam.com® and you with respect to the Website. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® waive or fail to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by you or Benjamin/Cummings, an imprint of Addison Wesley Longman, and/or adam.com®'s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.

5. Changes to Website

Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® may change or discontinue any portion, feature or content of the Website at any time with or without notice to you. Likewise, Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® may at any time, with or without notice to you, restrict the use and accessibility of the Website as well as limit the duration and amount of use made of the Website.

6. Subscription Rates, Other Charges, and Payment

6.1. Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® may change the Subscription Rates it charges for use of the Website or add new Subscription Rates for parts of the Website that were previously free at any time. Such changes shall be effective immediately with respect to new subscriptions and renewals.

6.2. Unless a Purchase Order Number is included on the Subscription Form, the individual placing the order will be liable for payment.

6.3. Subscriptions are due and payable upon receipt of Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com®'s invoice.

7. Your Other Responsibilities Concerning Subscription to the Website

7.1. By subscribing to the Website under this Agreement, you certify to Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® that:

7.1.1. the information you have provided to Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® in order to register as a Subscriber is complete, accurate and current;

7.1.2. you will notify Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® within 15 days of any change in your Subscriber information; and

7.1.3. that you will not share your User ID(s) and Password(s) except as expressly authorized under the terms of your license.

7.2. If any of these certifications is or becomes untrue, or if you do not comply in full with these requirements, Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® has the right to suspend and/or terminate your subscription to the Website.

7.3. You are responsible for complying with all terms and conditions of this Agreement, as modified from time to time, and with any other rules and regulations of which Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® give you notice. You are also responsible for obtaining and using all computer hardware and software required for your access to and use of the Website and for any charges incurred for your own access to the Website through an Internet access provider or other third party Website.

7.4. You are responsible for all uses of the Website through your User ID(s) and Password(s), whether the use is made by you personally or by someone else. You are responsible for protecting and securing your User ID(s) and Password(s) from unauthorized use and disclosure. In the event that you become aware of or believe there has been any breach of the Website, such as the theft or unauthorized use of your User ID(s) and Password(s), you will notify Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® immediately. See Section 14.

8. Termination of Subscription or Access

8.1. This license will terminate immediately and automatically upon your failure to pay for your Subscription within 30 days or in the event that you breach any of the terms of this Agreement. Upon termination, Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® may in their sole discretion terminate your access to the Website.

8.2. Your Subscription commences the day you submit the subscription form and runs for the specific term you purchased whether or not the Website is used. Your obligations under this Agreement will exist until said term expires or the Subscription is terminated by you or Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com®.

8.3. You may terminate this Agreement and your rights to use the Website at any time and without cause by notifying Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® of your decision to terminate your Subscription. See Section 14.

8.4. Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® may, at their sole and absolute discretion, and with or without notice, suspend your access to all or any part of the Website, or terminate this Agreement and thus your rights to use the Website, for any conduct or use (whether by you or anyone else having access under your User ID(s) and Password(s)) that Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® believe is a violation of this Agreement or for any other conduct or use that Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® believe is harmful to other Subscribers, Pearson Education's content providers, or to the Website or the interests of Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com®.

9. Your Remedies

9.1. Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com®'s entire liability to you, and your sole and exclusive remedy, regarding the use of the Website shall be the replacement of a User ID(s) or Password(s) if a currently valid User ID(s) or Password(s) fails to allow access to the Website.

9.2. Your sole right with respect to any disagreement or dissatisfaction with (a) this Agreement, as modified from time to time; (b) Subscription Cost or other charges for the use of the Website, (c) access to, use of, or performance of the Website, or (d) any Materials from or content accessible through the Website, is to terminate your Subscription as provided for in Section 8.

10. Disclaimer of Warranties

10.1. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS," "AS- AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE WEBSITE. BENJAMIN/CUMMINGS, AN IMPRINT OF ADDISON WESLEY LONGMAN, AND adam.com® EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10.2. You expressly agree that your use of the Website is at your sole risk. Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® do not warrant that the Website will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the Website, or as to the accuracy, reliability, completeness, or content of any information, Website, software or merchandise that may be provided through the Website. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by a Benjamin/Cummings, an imprint of Addison Wesley Longman, and/or adam.com® employee, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® for any purpose or give rise to any liability of Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® whatsoever, and you agree that you will not rely on any such statement, information or advice.

10.3. Where Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® is a distributor, rather than a publisher, of Materials accessible through the Website, Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® exercises no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® or its content providers or licensors. Neither Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.

11. Limitation of Liability

11.1. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BENJAMIN/CUMMINGS, AN IMPRINT OF ADDISON WESLEY LONGMAN, AND adam.com® BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF PEARSON EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR WEBSITES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES BENJAMIN/CUMMINGS, AN IMPRINT OF ADDISON WESLEY LONGMAN, AND adam.com®'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11.2. If, notwithstanding the foregoing, Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® and the parties described in the next sentence (Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com®'s "Related Parties") exceed, either jointly or severally, the aggregate dollar amount paid by you to Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com®'s directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the Website, and each shall have the right to assert and enforce the provisions directly on their own behalf.

12. Indemnification by You

12.1. You agree to defend, indemnify and hold harmless Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® and its Related Parties from any claims and expenses related to any violation of this Agreement by your use of the Website, or in connection with the placement or transmission by you of any material on the Website except as expressly authorized in this Agreement.

13. Compliance with United States Export Requirements

This Agreement and your use of the Website are subject to any laws, regulations, orders or other restrictions on export from the United States of America (which we will call the "U.S.") of certain materials and technical data which may be imposed from time to time by the U.S. Government. Therefore, you will not transfer, directly or indirectly, by electronic means or otherwise, any materials, Content or information contained therein, or any direct products thereof, to any country, or to any agent, representative, or foreign national of any country, for which the U.S. Government or any agency thereof requires an export license or other governmental approval at the time of export without first obtaining such license or approval. Pursuant to current restrictions of the U.S. Government, nationals of Cuba, Iran, Libya, North Korea and Syria may not use or access the Website at this time.

14. Notices

Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® may give notice to you by electronic mail, by a posting on the Website, or by conventional mail. Notice by Benjamin/Cummings, an imprint of Addison Wesle Longman y, and adam.com® shall be effective on the date that Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® makes a good faith effort to reach you. You shall give notice to Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® as stated below. Notice by you shall be effective on the date that Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® actually receives the notice.

Via email:

0nline.support@pearsoned.com

Via U.S. mail:

Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com®
Attention: Judy Hartman
1 Jacob Way
Reading, MA 01867

15. Demographic Information

15.1. By using the Website, you are agreeing that Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® may collect, use, sell, license and otherwise distribute demographic data about Subscribers in aggregated form (so that no Subscriber is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by Pearson Education.

16. Miscellaneous

16.1. This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone. This Agreement, your and Pearson Education's rights and obligations, and any disputes or disagreements regarding the Website will be governed by the laws of the U.S. that govern contracts wholly entered into and wholly performed within Massachusetts. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any and all actions, disputes or controversies relating to the Agreement or the Website will be decided by the courts of the Commonwealth of Massachusetts and the U.S. located in Boston, Massachusetts, and you consent to the jurisdiction and venue of those courts and irrevocably consent to the process document, delivered personally or mailed by certified or registered mail, return receipt requested, at the address set forth in your Subscriber information.

16.2. If you are an office, agency or branch of the United States Government, you are provided the Website as a commercial item and with only those rights as are set forth in this Agreement, pursuant to 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227-7202-4, and corresponding sections of applicable and corresponding agency Federal Acquisition Regulations ("FARs").

16.3. In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.

16.4. You acknowledge that Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Materials or the Website and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com® shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Materials or the Website.

© 2000, Benjamin/Cummings, an imprint of Addison Wesley Longman, and adam.com®, Inc. All rights reserved.