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Franwell, Inc. Web Site Policy

Franwell does not use any behind-the-scenes code to collect data from or track visitors to any of our Web pages. Currently, there is no registration required to access our online information, nor are there forms to submit that utilize the exchange of information. Therefore, you can be assured that your visit to www.franwell.com or www.agware.com is as private as the security of your own PC. Unless you are on a network that logs user actions, or you have software installed to trace all keyboard events, you are an anonymous visitor.

The only communication we have with Web visitors is by telephone or e-mail. The information you provide to Franwell about yourself and/or your company is absolutely confidential to Franwell and we do not share information with any third party agent unless requested by you. If a business relationship is pursued, a mutually beneficial NDA is legally contracted.

At some point we do foresee putting online registration forms in place to allow access to privileged information. In that event, the contact information received from Web site visitors remains private and confidential. Under no circumstances would we consider selling contact lists.

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Privacy Policy

Your privacy on the Internet is important to us at Franwell. We feel you should understand the use of that information. There may be certain areas on agware.com or franwell.com that require information from you, either voluntarily or involuntarily. (Although the following items may not be in use currently, we reserve the right to implement and maintain them according to Franwell, Inc. guidelines.)

1. Registration

All registration data gathered at franwell.com or agware.com is used only by Franwell, Inc. for sales, marketing, and customer service.

2. Forums, Knowledge Base and Chat Rooms

All data that is supplied by Franwell, Inc. and our users is for our customers and potential customers of Franwell, Inc. This data is used to improve our products as well as to provide ongoing information to improve the user's knowledge of our products. Franwell, Inc. neither shares nor sells our customer database with any other business or outside interest.

3. Trading Boards

All data that users provide on our trading board is in the public domain and thus is not private.

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Terms of Service

This Terms of Service ("this Agreement") is made and entered into as of the date of use, by and between Franwell, Inc. ("franwell.com" and "agware.com") and you ("the user"). Although we may not currently utilize discussion, chat, forums, or product/equipment advertisements, in the event that we may at some point in time do so, Franwell has established terms of service regarding use of our Franwell and Agware Web sites as follows:

I. Support

A. Forums , Chat Rooms and Trading Boards

Franwell, Inc. ("franwell.com" and "agware.com") and its employees are under no obligation to monitor or review discussions, chats, postings, transmissions, and messages.

Franwell, Inc. and its employees do not control the information available in the chat room or forums and Trading Boards. Any opinions, advice, statements, services, offers or other information or content presented or disseminated in any forum or in any chat room or in any Trading Boards are those of the respective authors who are solely liable for their content. Franwell, Inc. and its employees reserve the right, in their sole discretion, to edit or remove any material from its web site including materials from its forums, chat rooms and trading boards.

B. Rules of online behavior

1. You are prohibited from posting any unlawful, libelous, threatening, abusive, disruptive, or obscene material or message that would violate the rights of any person or constitute a criminal offense, or otherwise violate any local, state, national, or international law.

2. You are prohibited from uploading or reproducing any information protected by copyright without obtaining permission of the copyright owner. Only public domain files, and files in which the author has given you express consent to copy and redistribute online or otherwise, may be uploaded agware.com, including any software files or libraries.

3. Information and materials which you find published on agware.com may be the property of Franwell, Inc. or an Information Provider, and may be protected by copyright or may contain protected trademarks. You may not copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials.

4. Franwell, Inc. may terminate your postings of any kind if it believes, in its sole discretion, that you have violated any of the Rules of Online Behavior.

5. Franwell, Inc. has designated an agent to receive notifications of claimed infringement by any material located on the agware.com Web site. If you wish to notify Franwell, Inc. of any such claimed infringement. Contact us by telephone (813)752-7952, or send mail to P.O. Box 3117, Plant City, FL 33564-3117.  Specific e-mail addresses may be provided upon request.

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II. Representations, Warranties and Acknowledgment

A. You warrant that all material that you submit for publication or posting on agware.com will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. By submitting information or materials owned by you for publication or posting on, or distribution through, agware.com, you will be deemed to have granted agware.com non-exclusive permission to redistribute by transmission the information or materials worldwide without charge or liability. Franwell, Inc. reserves the right, in its sole discretion, but is under no obligation, to refuse to post, delete or edit information that you submit or enter onto agware.com, including but not limited to electronic message boards, databases, and software libraries. You agree that you will not hold, nor seek to hold, Franwell, Inc. liable for the loss of data or the misappropriation or infringement of any intellectual property right to which you claim ownership.

B. If ordering merchandise and/or services from anyone other than Franwell, Inc., through any commercial service accessible via agware.com, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or services. Franwell, Inc. makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or fro the actions or inactions of the Seller.

C. THE Franwell, Inc. WEB SITE "AGWARE.COM FORUMS, CHAT ROOMS, TRADING BOARDS ("SERVICES") OR ANY OTHER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO AGWARE.COM OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THESE SERVICES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE AGWARE.COM. NOR SHALL AGWARE.COM BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND AGWARE.COM'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO AGWARE.COM RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL AGWARE.COM'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER THE AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

D. You acknowledge that agware.com has the right to archive or delete any of your materials or services which are older than ninety days (90).

E. You agree to indemnify and hold Franwell, Inc., its parents, subsidiaries, officers and employees, harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.

F. This Agreement will remain in effect until either party elects to terminate by discontinuing the use of agware.com and removing all materials and services displayed.

G. This Agreement will be governed by and construed in accordance with the Laws of the State of Florida.

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