" Sven and Alexandra are consulting their family tree. They have a software to make their own family tree throughout one’s life. "

IMPORTANT - READ CAREFULLY: THIS CLIENTFIDELITY USER AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND ANY COMPANY YOU REPRESENT (COLLECTIVELY, "CUSTOMER") AND TOUCHMIND SA. ("TOUCHMIND") REGARDING THE CLIENTFIDELITY ASP SERVICE (THE "CLIENTFIDELITY") AND ALL OTHER SERVICES PROVIDED BY TOUCHMIND UNDER THIS AGREEMENT ("SERVICES"). PLEASE READ THE AGREEMENT CAREFULLY BEFORE CONTINUING REGISTRATION. BY CLICKING THE "I ACCEPT" BUTTON, YOU AND ANY COMPANY YOU REPRESENT AGREE TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND YOUR COMPANY TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE CLIENTFIDELITY SERVICE.

1. Licenses from TOUCHMIND. Subject to the terms of this Agreement, TOUCHMIND grants to Customer during the Subscription Term the non-transferable, nonexclusive worldwide right to permit those individuals authorized by Customer or o­n Customer's behalf to use the CLIENTFIDELITY Service ("Users") to use the CLIENTFIDELITY service and any materials provided or disclosed to Customer by TOUCHMIND or its third party suppliers ("Third Party Providers") in the course of performing Services (the "CLIENTFIDELITY Materials") solely in connection with the CLIENTFIDELITY Service, all solely for Customer's own internal business operations. The rights granted to Customer in this Agreement are subject to all of the following agreements and restrictions: (i) the maximum number of Users that Customer authorizes to access the CLIENTFIDELITY Service shall not exceed the number of User licenses Customer has purchased, as evidenced in Order Form(s); (ii) User licenses cannot be shared or used by more than o­ne individual User; (iii) Customer shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the CLIENTFIDELITY Service or the CLIENTFIDELITY Materials available to any third party other than an authorized User; (iv) Customer shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the CLIENTFIDELITY Service or CLIENTFIDELITY Materials or access the CLIENTFIDELITY Service or CLIENTFIDELITY Materials in order to build a similar or competitive product or service; (v) except as expressly stated herein, no part of the CLIENTFIDELITY Service or CLIENTFIDELITY Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; (vi) Customer shall not disclose any review of the CLIENTFIDELITY Service, including but not limited to the results of any performance tests, to any third party without TOUCHMIND’s prior written approval; (vii) Customer agrees to make every reasonable effort to prevent unauthorized third parties from accessing the CLIENTFIDELITY Service; and (viii) Customer acknowledges and agrees that TOUCHMIND or its Third Party Providers shall own all right, title and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in the CLIENTFIDELITY Service and the CLIENTFIDELITY Materials and any suggestions, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the CLIENTFIDELITY Service or the CLIENTFIDELITY Materials.

2. Licenses from Customer. Customer grants to TOUCHMIND and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display (a) any data, information or other materials, provided to TOUCHMIND by Customer in the course of using the CLIENTFIDELITY Service ("Customer Data") solely to the extent necessary to provide the CLIENTFIDELITY Service and CLIENTFIDELITY Materials to Customer, and (b) any trademarks that Customer provides TOUCHMIND for the purpose of including them in Customer's user interface of the CLIENTFIDELITY Service ("Customer Trademarks"). Customer acknowledges and agrees that Customer Data may be transferred outside of the country or other jurisdiction where Customer and Customer's Users are located. In addition, Customer acknowledges and agrees that it is Customer's obligation to inform third parties of the processing of Customer Data and to ensure that any required third parties have given their consent to such processing as required by all applicable data protection legislation. Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Customer Data. Notwithstanding the foregoing, TOUCHMIND's obligations regarding identification and other information concerning Customer and Customer's Users shall be governed by the terms of the CLIENTFIDELITY Privacy Policy available at http://www.TouchMind.ch/CLIENTFIDELITY/privacy/privacy.html

3. Billing and Payment. Customer agrees to pay in advance for all products and services ordered under this Agreement except as set forth in an Order Form. All fees under this Agreement are non refundable. TOUCHMIND's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties, even if such amounts are not listed o­n an Order Form. Customer will provide TOUCHMIND with valid and updated credit card or approved purchase order information and complete and accurate billing and contact information. If Customer provides credit card information to TOUCHMIND, Customer authorizes TOUCHMIND to bill such credit card (a) at the time that Customer orders any products or services, for all products and services set forth in the Order Form, and (b) at the time of any renewal, for the amount charged for any renewal Subscription Term(s) as set forth in Section 4. If TOUCHMIND, in its discretion, permits Customer to make payment using a method other than a credit card, TOUCHMIND will invoice Customer at the time of the initial Order Form and approximately o­ne month in advance of the start of any renewal or subsequent billing period. All amounts invoiced hereunder shall be due within 30 days of the date of the invoice.

4. Term and Termination. The perpetual term of this Agreement shall become effective upon the earlier of (1) Customer's first acceptance of these terms by choosing the "I ACCEPT" option or (2) Customer's agreement to these terms in an Order Form or otherwise (the "Agreement Term"). The term of the CLIENTFIDELITY Service or other product or services offerings set forth in an applicable Order Form hereunder shall commence upon the date of enablement of the applicable CLIENTFIDELITY Services (as identified in TOUCHMIND's first invoice after execution of such Order Form), or as otherwise set forth in such Order Form, and shall continue for the period of time set forth in such Order Form (the "Subscription Term"). Customer's subscription to the CLIENTFIDELITY Service will renew upon Customer's payment of the applicable subscription renewal fees, for a renewal Subscription Term equal in duration to the previous Subscription Term, upon the expiration of the initial Subscription Term or any renewal Subscription Term. Except as otherwise provided in an Order Form, renewal charges will be equal to the then-current number of User licenses that have been purchased times the then-current User license fee in effect at the time of renewal. In the event of any breach of this Agreement by either party, other than Customer's failure to make payment as set forth herein, the non-breaching party shall have the right to terminate this Agreement for cause if such breach has not been cured within 30 days of written notice from the non-breaching party specifying the breach in detail and, if TOUCHMIND is the non-breaching party, TOUCHMIND may terminate Customer's password, account, access to or use of the CLIENTFIDELITY Service. At Customer's request, within 30 days of termination of this Agreement, provided Customer is not in breach of the Agreement, TOUCHMIND will make available to Customer a file of the Customer Data then in its possession. Customer agrees and acknowledges that TOUCHMIND has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted after 30 days following the termination of this Agreement or if Customer's account is 30 days or more past due. The following provisions shall survive any termination of this Agreement: Section 4, 8, 9, 11, and 14.

5. Third Party Web Sites. If Customer enters into correspondence with, purchases goods or services from, or participates in promotions of advertisers or sponsors other than TOUCHMIND through the CLIENTFIDELITY Service, any such activity, and any terms, conditions, warranties or representations associated with such activity, is governed solely by the terms between Customer and the applicable third party. TOUCHMIND shall have no liability or obligation for, and does not endorse or accept any responsibility for, the contents or use of third party web sites or any transactions completed with third parties. TOUCHMIND may provide such links o­nly as a convenience, and the inclusion of any link does not imply endorsement by TOUCHMIND of the linked web site, notwithstanding the inclusion o­n such site of the trademarks of TOUCHMIND or its Third Party Providers.

6. Customer Care Services. TOUCHMIND and Customer shall comply with TOUCHMIND's then-current Customer Care Services Policy available at Privacy Policy TOUCHMIND shall have the right to modify the Customer Care Services Policy at any time in its sole discretion.

7. Representations & Warranties. Each party represents and warrants that it has the power and authority to enter into this Agreement. TOUCHMIND warrants that (a) it will provide the CLIENTFIDELITY Service and all Services in a manner consistent with generally accepted industry standards, and (b) the CLIENTFIDELITY Service will perform substantially in accordance with its o­nline documentation under normal use.

8. Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 8 ABOVE, TOUCHMIND AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE CLIENTFIDELITY SERVICE, THE CLIENTFIDELITY MATERIALS, AND THE SERVICES INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF SERVICE. TOUCHMIND AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE CLIENTFIDELITY SERVICE, THE CLIENTFIDELITY MATERIALS, OR THE SERVICES OR THE RESULTS CUSTOMER MAY OBTAIN BY USING THE CLIENTFIDELITY SERVICE, THE CLIENTFIDELITY MATERIALS, OR THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOUCHMIND AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE CLIENTFIDELITY SERVICE OR CLIENTFIDELITY MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL CUSTOMER PURCHASES OR OBTAINS THROUGH THE CLIENTFIDELITY SERVICE WILL MEET CUSTOMER'S REQUIREMENTS; OR (C) THE CLIENTFIDELITY SERVICE, CLIENTFIDELITY MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOMER ACKNOWLEDGES THAT NEITHER TOUCHMIND NOR ITS THIRD PARTY PROVIDERS CONTROLS THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE CLIENTFIDELITY SERVICE AND CLIENTFIDELITY MATERIALS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. TOUCHMIND IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY TOUCHMIND, THE CLIENTFIDELITY SERVICE, THE SERVICES, AND THE CLIENTFIDELITY MATERIALS ARE PROVIDED TO CUSTOMER o­n AN "AS IS" BASIS.

9. Limitation of Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY OR THE THIRD PARTY PROVIDERS EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE CLIENTFIDELITY SERVICE, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 9 SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH OF SECTION 1, TO EITHER PARTY'S INDEMNITY OBLIGATIONS SET FORTH IN SECTION 10 BELOW, OR IN THE EVENT OF EITHER PARTY'S BREACH OF SECTION 11 BELOW. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to Customer.

10. Indemnities. Customer shall defend and indemnify TOUCHMIND and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against TOUCHMIND or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party (i) alleging that the Customer Data or the Customer Trademarks, or any use thereof, infringes the rights of, or has caused harm to, a third party, or (ii) arising out of Customer's breach of Section 13. TOUCHMIND shall defend and indemnify Customer, and all of its affiliates and subsidiaries worldwide against any and all claims, demands, and assertions and any resulting costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against Customer by a court of competent jurisdiction arising out of or in connection with a claim by a third party alleging that the CLIENTFIDELITY Service, the Services, or the CLIENTFIDELITY Materials infringe a patent, copyright, or trademark or misappropriate a trade secret of a third party. TOUCHMIND shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the CLIENTFIDELITY Service, the Services, or the CLIENTFIDELITY Materials other than in accordance with this Agreement; (b) the combination of the CLIENTFIDELITY Service, the Services, or the CLIENTFIDELITY Materials with any other products, services, or materials; or (c) any third party products, services, or materials. If the CLIENTFIDELITY Service, the Services, or the CLIENTFIDELITY Materials are held to infringe or may be infringing, TOUCHMIND shall have the option, at its expense, to (x) replace or modify the CLIENTFIDELITY Service, the Services, or the CLIENTFIDELITY Materials to be non-infringing, (y) obtain a license for Customer to continue using the CLIENTFIDELITY Service, the Services, or the CLIENTFIDELITY Materials, or (z) terminate the CLIENTFIDELITY Service, the Services, the license to the CLIENTFIDELITY Materials, or this Agreement and refund any prepaid unused fees applicable to the terminated license or service. This Section 10 states TOUCHMIND's entire liability and Customer's exclusive remedy for any claim of infringement. The foregoing indemnities are conditioned o­n the indemnified party (i) promptly giving written notice of the claim to the indemnifying party; (ii) giving the indemnifying party sole control of the defence and related settlement negotiations; (iii) providing to the indemnifying party, at such party's request and expense, all reasonable information and assistance necessary to perform its obligations under this paragraph.

11. Confidential Information. Each party may have access to information that is confidential to the other party ("Confidential Information"). Confidential Information shall include any information that is clearly identified in writing at the time of disclosure as confidential as well as any information that, based o­n the circumstances under which it was disclosed, a reasonable person would believe to be confidential. A party's Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of the other party; (ii) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (iii) is lawfully disclosed to the other party by a third party without restriction o­n disclosure; (iv) is independently developed by the other party without use of or reference to the other party's Confidential Information. The parties agree to use all reasonable care to prevent disclosure of the other party's Confidential Information to any third party. Notwithstanding the foregoing, Customer acknowledges and agrees that TOUCHMIND may disclose Customer's Confidential Information to its Third Party Providers solely to the extent necessary to provide products or services under this Agreement, provided that TOUCHMIND has a non-disclosure agreement in place with such Third Party Provider that protects such Confidential Information against disclosure in a manner no less protective than this Agreement. This Section 11 constitutes the entire understanding of the parties and supersedes all prior or contemporaneous agreements, representations or negotiations, whether oral or written, with respect to Confidential Information.

12. Customer's Responsibilities. Customer will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with its use of the CLIENTFIDELITY Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which TOUCHMIND controls and operates the CLIENTFIDELITY Service. Customer will ensure that any use of the CLIENTFIDELITY Service by Customer's Users is in accordance with the terms of this Agreement.

13. Notices. TOUCHMIND may give notice by means of a general notice o­n the CLIENTFIDELITY Service, electronic mail to Customer's e-mail address o­n record in TOUCHMIND's account information, or by written communication sent by first class mail or pre-paid post to Customer's address o­n record in TOUCHMIND's account information. Customer may give notice to TOUCHMIND at any time by letter sent by confirmed facsimile to TOUCHMIND's Director or Legal Affairs representative, fax number +41 21 601 04 18 or by letter delivered by first class mail or pre-paid post to TOUCHMIND AV. D’ECHALLENS 72 Lausanne 1004 SWITZERLAND. All notices shall be deemed to have been given five days after mailing or posting (if sent by first class mail or pre-paid post) or 5 days after sending by confirmed facsimile, email or posting to the CLIENTFIDELITY Service.

14. General provisions. Any action related to this Agreement will be governed by the Swiss Law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the CLIENTFIDELITY Service shall be subject to the exclusive jurisdiction of CANTON VAUD. This Agreement, together with any applicable Order Form, represents the parties' entire understanding relating to the use of the CLIENTFIDELITY Service and supersedes any prior or contemporaneous, conflicting or additional, communications. TOUCHMIND reserves the right to change the terms and conditions of this Agreement or its policies relating to the CLIENTFIDELITY Service at any time, and such changes will be effective upon notice to Customer. Customer's continued use of the CLIENTFIDELITY Service after any such changes shall constitute Customer's consent to such changes. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between TOUCHMIND and Customer as a result of this Agreement or use of the CLIENTFIDELITY Service. Customer may not assign this Agreement without the prior written approval of TOUCHMIND. Any purported assignment in violation of this section shall be void. TOUCHMIND reserves the right to use Third Party Providers in the provision of the CLIENTFIDELITY Service, CLIENTFIDELITY Materials, or Services hereunder. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defence of that controversy or dispute. Any rights not expressly granted herein are reserved by TOUCHMIND. The individuals signing below each represent that they have the authority under applicable law to enter into this Agreement and satisfy Customer's obligations, and both parties intend for the terms of this Agreement to be fully enforceable.

15. Trial Use. If Customer has registered o­n line and selected the option for Trial Use, or if an Order Form identifies an offering as a Trial Use offering, the following terms shall apply to all products or services (including but not limited to the CLIENTFIDELITY Service) identified as "trial" or "evaluation" products or services (or similar designation) (collectively, the "Trial Offerings"): (a) Customer shall have the right to authorize a maximum of ten (10) Users to access the Trial Offerings; (b) Customer's right to use the Trial Offerings shall automatically terminate thirty (30) days after chooses the "I Accept" option below or Customer accepts the applicable Order Form; (c) Customer acknowledges and agrees that TOUCHMIND has the right to use routines such as time bombs or other devices that are designed to disable, deactivate, or otherwise electronically terminate Customer's access to the Trial Offerings at the end of the period of trial or evaluation use; and (d) TOUCHMIND shall have no obligations whatsoever under Section 7 ("Representations and Warranties") or Section 10 ("Indemnities") with respect to the Trial Offerings.