According to a report on NewsOK -

The technology is designed to combine a tone in each ear to create a binaural beat designed to alter brainwaves. Whether it was kids faking it, the power of suggestion or a high wasn’t clear to administrators who investigated the students’ claims. Adding to the mystery was the fact that these kids weren’t troublemakers. So the worried Lightfoot sent parents a letter warning them to be aware of this new temptation to kids.

The “drug” is taken using an MP3 player and the user listens to the audio file.

“I think it’s very dangerous,” said Karina Forrest-Perkins, chief operating officer of Gateway to Prevention and Recovery in Shawnee. While there are no known neurological effects from digital drugs, they encourage kids to pursue mood altering substances, she said.

Some parents have called the Oklahoma Bureau of Narcotics and Dangerous Drugs Control worried about i-dosing, said OBN spokesman Mark Woodward. He said the i-dosing effect is likely sort of a placebo rather than a valid threat to children’s brain waves.

“The bigger concern is if you have a kid wanting to explore this, you probably have a kid that may end up smoking marijuana or looking for bigger things,” Woodward said.

The following YouTube video is a news report from News 9 (Oklahoma City).

My take is that is total BS with many, if not all the kids in the YouTube videos are faking it and with the remainder getting a placebo effect.

For more reference here is a report from Binaural Healing. For a great take on this, check out this blog post at Crunch Gear.

From the website -

Every five minutes, a transplant candidate dies while waiting for a compatible heart, a liver, a kidney. Imagine a technology that could provide those life-saving transplant organs for a nominal fee … and imagine what a company would do to monopolize that technology.

On a remote island in the Canadian Arctic, PJ Colding leads a group of geneticists who have discovered this holy grail of medicine. By reverse-engineering thousands of animal genomes, Colding’s team has dialed back the evolutionary clock and re-created the progenitor of all mammals. The method? Illegal. The result? A computer-engineered living creature, an animal whose organs can be implanted in any person, with no chance of transplant rejection.

There’s just one problem: these ancestors are not the docile herd animals that Colding’s team envisioned. Instead, the work has given birth to something big, something evil … something very, very hungry.

As creators become prey in an ultimate battle for survival, Colding and the woman he loves must fight to survive — even as government agents close in to shut the project down, and the deep-pocketed company backing this research reveals its own cold-blooded agenda.

I listened to Ancestor the 1st time it was podcast and I bought the 1st version of the book (see previous posts) and I’m loving the updated version of the podcast and the new hard cover book. If you like horror, scientifically based horror, your going to love Ancestor too.

WiredPig recommends Ancestor on ]]> http://blog.wiredpig.us/2010/07/16/wiredpig-recommends-ancestor/feed/ 1 http://blog.wiredpig.us/2010/07/14/database-downgrade/ http://blog.wiredpig.us/2010/07/14/database-downgrade/#comments Wed, 14 Jul 2010 19:14:32 +0000 Wired Pig http://blog.wiredpig.us/?p=3071 I have had to downgrade my database from mySQL 5.1xx to mySQL 4.0xx due to issues with my hosting provider, GoDaddy. That was the reason for the site being down for maintenance on the 12th and 13th though I only made the change about 30 minutes ago.

There had been terrible lags between DB requests and the DB server returning the query information. As a result the site has been very, very slow and even timing out when loading pages. The site was in maintenance mode while I looked at outside DB providers (I set up an account with HelioHost to see if I could get the DB to connect, but it failed on me) and am now going to start looking at other options in the event this happens again⁽¹⁾ .

Hopefully my changing DB versions, though on the same server, will help. Aside from that I will need to look at moving to a new hosting company.

This is without a doubt one of the nicest good luck forwards I have received .. Hope it works for you — and me!

Lotus Touts: You have 6 minutes

There’s some mighty fine advice in these words, even if you’re not superstitious .. This Lotus Touts has been sent to you for good luck from the Anthony Robbins organization . It has been sent around the world ten times so far .

Do not keep this message .

The Lotus Touts must leave your hands in 6 MINUTES . Otherwise you will get a very unpleasant surprise . This is true, even if you are not superstitious, agnostic, or otherwise faith impaired .

ONE .
Give people more than they expect and do it cheerfully .

TWO .
Marry a man/woman you love to talk to . As you get older, their conversational skills will be as important as any other .

THREE .
Don’t believe all you hear, spend all you have or sleep all you want .

FOUR .
When you say, ‘I love you,’ mean it .

FIVE .
When you say, ‘I’m sorry,’ look the person in the eye .

SIX .
Be engaged at least six months before you get married .

SEVEN .
Believe in love at first sight .

EIGHT .
Never laugh at anyone’s dreams . People who don’t have dreams don’t have much .

NINE . Love deeply and passionately . You might get hurt but it’s the only way to live life completely .

TEN .
In disagreements, fight fairly . No name calling .

ELEVEN .
Don’t judge people by their relatives .

TWELVE .
Talk slowly but think quickly .

THIRTEEN .
When someone asks you a question you don’t want to answer, smile and ask, ‘Why do you want to know?’

FOURTEEN .
Remember that great love and great achievements involve great risk .

FIFTEEN .
Say ‘bless you’ when you hear someone sneeze .

SIXTEEN .
When you lose, don’t lose the lesson .

SEVENTEEN .
Remember the three R’s: Respect for self; Respect for others; and Responsibility for all your actions .

EIGHTEEN .
Don’t let a little dispute injure a great friendship .

NINETEEN .
When you realize you’ve made a mistake, take immediate steps to correct it .

TWENTY .
Smile when picking up the phone . The caller will hear it in your voice .

TWENTY- ONE .
Spend some time alone .

iOS 4 Software Update

This update contains over 100 new features, including the following:

• Multitasking support for third-party apps*
- Multitasking user interface to quickly move between apps
- Support for audio apps to play in the background
- VoIP apps can receive and maintain calls in the background or when device is asleep
- Apps can monitor location and take action while running in the background
- Alerts and messages can be pushed to apps using push and local notifications
- Apps can complete tasks in the background
• Folders to better organize and access apps
• Home screen Wallpaper*
• Mail improvements
- Unified inbox to view emails from all accounts in one place
- Fast inbox switching to quickly switch between different email accounts
- Threaded messages to view multiple emails from the same conversation
- Attachments can be opened with compatible third-party apps
- Search results can now be filed or deleted
- Option to select size of photo attachments
- Messages in the Outbox can be edited or deleted
• Support for iBooks and iBookstore (available from the App Store)
• Photo and Camera improvements
- 5x digital zoom when taking a photo**
- Tap to focus during video recording**
- Ability to sync Faces from iPhoto
- Geo-tagged photos appear on a map in Photos
• Ability to create and edit playlists on device
• Calendar invitations can be sent and accepted wirelessly
with supported CalDAV servers
• Support for MobileMe calendar sharing
• Suggestions and recent searches appear during a web search
• Searchable SMS/MMS messages**
• Spotlight search can be continued on web and Wikipedia
• Enhanced location privacy
- New Location Services icon in the status bar
- Indication of which apps have requested your location in the last 24 hours
- Location Services can be toggled on or off for individual apps
• Automatic spellcheck
• Support for Bluetooth keyboards*
• iPod out to navigate music, podcasts and audiobooks through an iPod interface with compatible cars
• Support for iTunes gifting of apps
• Wireless notes syncing with IMAP-based mail accounts
• Persistent WiFi connection to receive push notifications*
• New setting for turning on/off cellular data only**
• Option to display the character count while composing new SMS/MMS**
• Visual Voicemail messages can be kept locally even if they have been deleted from the server**
• Control to lock portrait orientation*
• Audio playback controls for iPod and third-party audio
apps*
• New languages, dictionaries and keyboards
• Accessibility enhancements*
• Bluetooth improvements
• Better data protection using the device passcode as an encryption key* (Requires full restore.)
• Support for third-party Mobile Device Management solutions
• Enables wireless distribution of enterprise applications
• Exchange Server 2010 compatibility
• Support for multiple Exchange ActiveSync accounts
• Support for Juniper Junos Pulse and Cisco AnyConnect SSL VPN apps (available from the App Store)
• More than 1,500 new developer APIs
• Bug fixes

Products compatible with this software update:
• iPhone 3G
• iPhone 3GS
• iPhone 4
• iPod touch 2nd generation
• iPod touch 3rd generation (late 2009 models with 32GB or 64GB)

* Requires iPhone 3GS, iPhone 4, and iPod touch 3rd generation.
** Requires iPhone 3G, iPhone 3GS, and iPhone 4. SMS/MMS messaging and Visual Voicemail require support from your wireless carrier.

For feature descriptions and complete instructions, see the user guides for iPhone and iPod touch at:
<http://support.apple.com/manuals/iphone>
<http://support.apple.com/manuals/ipodtouch>

For more information about iPhone and iPod touch, go to:
<http://www.apple.com/iphone>
<http://www.apple.com/ipodtouch>

To troubleshoot your iPhone or iPod touch, or to view additional support information go to:
<http://www.apple.com/support/iphone>
<http://www.apple.com/support/ipodtouch>

For information on the security content of this update, please visit this website:
<http://support.apple.com/kb/HT1222>

ENGLISH

IMPORTANT: BY USING YOUR iPHONE, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING APPLE AND THIRD PARTY TERMS:

A. APPLE iPHONE SOFTWARE LICENSE AGREEMENT
B. NOTICES FROM APPLE
C. GOOGLE MAPS TERMS AND CONDITIONS
D. YOUTUBE TERMS AND CONDITIONS
APPLE INC.

iPHONE SOFTWARE LICENSE AGREEMENT

Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR iPHONE OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR iPHONE OR DOWNLOADING THIS SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, UNLESS YOU RETURN THE iPHONE IN ACCORDANCE WITH APPLE’S RETURN POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE iPHONE OR DOWNLOAD THIS SOFTWARE UPDATE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE iPHONE WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE’S RETURN POLICY FOUND AT www.apple.com/legal/sales_policies/.

1. General. The software (including Boot ROM code and other embedded software), documentation, interfaces, content, fonts and any data that came with your iPhone (“Original iPhone Software”), as may be updated or replaced by feature enhancements, software updates or system restore software provided by Apple (“iPhone Software Updates”), whether in read only memory, on any other media or in any other form (the Original iPhone Software and iPhone Software Updates are collectively referred to as the “iPhone Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and its licensors retain ownership of the iPhone Software itself and reserve all rights not expressly granted to you.

Apple, at its discretion, may make available future updates to the iPhone OS software for your iPhone. Updates, if any, may not necessarily include all existing software features, or new features that Apple releases for newer iPhone models.

2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the iPhone Software on a single Apple-branded iPhone. Except as permitted in Section 2(b) below, this License does not allow the iPhone Software to exist on more than one Apple-branded iPhone at a time or on any other phone, and you may not distribute or make the iPhone Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Apple proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with the iPhone. Some of those rights are available under separate licenses from Apple. For more information on developing third party devices and accessories for the
iPhone, please email madeforipod@apple.com. For more information on developing software applications for the iPhone, please email devprograms@apple.com.

(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download iPhone Software Updates that may be made available by Apple for your model of the iPhone to update or restore the software on any such iPhone that you own or control. This License does not allow you to update or restore iPhones that you do not control or own, and you may not distribute or make the iPhone Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. You may make one copy of the iPhone Software Updates stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.

(c) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the iPhone Software or any services provided by the iPhone Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the iPhone Software). Any attempt to do so is a violation of the rights of Apple and its licensors of the iPhone Software.

(d) By storing content on your iPhone you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rightsholder. The iPhone Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.

(e) You agree to use the iPhone Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the iPhone Software and Services.

3. Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the iPhone Software. You may, however, make a one-time permanent transfer of all of your license rights to the iPhone Software to another party in connection with the transfer of ownership of your iPhone, provided that: (a) the transfer must include your iPhone and all of the iPhone Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the iPhone Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the iPhone Software reads and agrees to accept the terms and conditions of this License.

4. Consent to Use of Data.
(a) Anonymous Diagnostic and Usage Data. You agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your iPhone, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the iPhone Software, and to verify compliance with the terms of this License. Apple may use this information, as long as it is collected anonymously in a form that does not personally identify you, to improve our products or to provide services
or technologies to you.

(b) Location Data. Apple and its partners and licensees may provide certain services through your iPhone that rely upon location information. To provide and improve these services, where available, Apple and its partners and licensees may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your iPhone, and location search queries. The location data and queries collected by Apple are collected in a form that does not personally identify you and may be used by Apple and its partners and licensees to provide and improve location-based products and services. By using any location-based services on your iPhone, you agree and consent to Apple’s and its partners’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such products and services. You may withdraw this consent at any time by going to the Location Services setting on your iPhone and either turning off the global Location Services setting or turning off the individual location settings of each location-aware application on your iPhone. Not using these location features will not impact the non location-based functionality of your iPhone. When using third party applications or services on the iPhone that use or provide location data, you are subject to and should review such third party’s terms and privacy policy on use of location data by such third party applications or services.

(c) Video Calls. The video call feature of the iPhone Software (“Video Call”) requires Internet access and may not be available in all countries or regions. Your use of Video Call is subject to your compliance with Section 2(e) above and you understand that your iPhone’s telephone number will be displayed to the other party on the Video Call, even if you have a blocked number. By using the iPhone Software, you agree that Apple may use and maintain your iPhone’s telephone number as a unique account identifier for the purpose of providing and improving the Video Call feature. You may turn off the Video Call feature by going to the Restrictions setting on your iPhone and enabling the Video Calls restriction.

(d) Interest-Based Advertising. Apple may provide mobile, interest-based advertising to you. If you do not want to receive relevant ads on your iPhone, you can opt out by going to this link on your iPhone: oo.apple.com. If you opt out, you will continue to receive the same number of mobile ads, but they may be less relevant because they will not be based on your interests. You may still see ads related to the content on a web page or in an application or based on other non-personal information. This opt-out applies only to Apple advertising services and does not affect interest-based advertising from other advertising networks. At all times your information will be treated in accordance with Apple’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: www.apple.com/legal/privacy/.

5. Services and Third Party Materials.
(a) The iPhone Software enables access to Apple’s iTunes Store, App Store and other Apple and third party services and web sites (collectively and individually, “Services”). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms. By using this software in connection with an iTunes Store account, you agree to the latest iTunes Store Terms and Conditions, which you may access and review at www.apple.com/legal/itunes/ww/.

(b) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

(c) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

(d) Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services.

(e) You agree that the Services contain proprietary content, information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.

(f) In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone are not available in all languages or in all countries or regions. Apple makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability. 6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License.
Upon the termination of this License, you shall cease all use of the iPhone Software. Sections 5, 6, 7, 8, 9, 12 and 13 of this License shall survive any such termination.

7. Disclaimer of Warranties.
7.1 If you are a customer who is a consumer (someone who uses the iPhone Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE iPHONE SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE iPHONE SOFTWARE AND SERVICES PERFORMED BY THE iPHONE SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE iPHONE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

7.4 APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE iPHONE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE
iPHONE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE iPHONE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE iPHONE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE iPHONE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

7.5 YOU FURTHER ACKNOWLEDGE THAT THE iPHONE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE IPHONE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE iPHONE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE iPHONE SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE iPHONE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Digital Certificates. The iPhone Software contains functionality that allows it to accept digital certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.

10. Export Control. You may not use or otherwise export or re-export the iPhone Software except as authorized by United States law and the laws of the jurisdiction(s) in which the iPhone Software was obtained. In particular, but without limitation, the iPhone Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the iPhone Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the iPhone Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
11. Government End Users. The iPhone Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the iPhone Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

14. Third Party Acknowledgements. Portions of the iPhone Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the iPhone Software, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (www.google.com/terms_of_service.html) and to Google’s Privacy Policy (www.google.com/privacypolicy.html).

15. Use of MPEG-4; H.264/AVC Notice.
(a) The iPhone Software contains MPEG-4 video encoding and/or decoding functionality. The iPhone Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and
licensing may be obtained from MPEG LA, LLC. See www.mpegla.com.

(b) The iPhone Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE iPHONE SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE WWW.MPEGLA.COM.

16. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is licensed for use only in the following countries and regions: Argentina, Aruba, Australia, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland, Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey, UK, Uruguay, US and Venezuela.

17. Microsoft Exchange Notice. The Microsoft Exchange mail setting in the iPhone Software is licensed only for over-the-air synchronization of information, such as email, contacts, calendar and tasks, between your iPhone and Microsoft Exchange Server or other server software licensed by Microsoft to implement the Microsoft Exchange ActiveSync protocol.

EA0610

Update Rev. 4/27/10

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NOTICES FROM APPLE
If Apple needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.
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GOOGLE MAPS TERMS AND CONDITIONS
Thank you for trying out the Google Maps for mobile software application! This page contains the terms and conditions (the “Terms and Conditions”) for Google Maps for mobile and the enterprise version of Google Maps for mobile.

In order to use this software, including any third party software made available to you in conjunction with this software and/or the related service, (collectively referred to below as “Google Maps for mobile”) you agree to be bound by these Terms and Conditions, either on behalf of yourself or on behalf of your employer or other entity. If you are agreeing to be bound by these Terms and Conditions on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms and Conditions. If you don’t have the legal authority to bind, please press “No” when asked whether you agree to these Terms and Conditions, and do not proceed with use of this product.

Additional Terms
Google Maps for mobile is designed to be used in conjunction with Google’s Maps services and other Google services. Accordingly, you agree and acknowledge that your use of Google Maps for mobile is also subject to (a) the specific terms of service for Google Maps (which can be viewed at local.google.com/help/terms_local.html) including the content notices applicable thereto (which can be viewed at local.google.com/help/legalnotices_local.html), (b) the general Google terms of service (which can be viewed at www.google.com/terms_of_service.html) and (c) Google’s overall privacy policy (which can be viewed at www.google.com/ privacypolicy.html), as well as specific privacy policies, such as the Google Maps for mobile privacy policy included with this application, such provisions being hereby incorporated into these Terms and Conditions by reference. To the extent that there is any inconsistency or conflict between such additional terms and these Terms and Conditions, the provisions of these Terms and Conditions take precedence.

Network Charges
Google does not charge for downloading or using Google Maps for mobile, but depending on your plan and your carrier or provider, your carrier or other provider may charge you for downloading Google Maps for mobile or for use of your mobile phone when you access information or other Google services through Google Maps for mobile.

Non-Commercial Use Only
Google Maps for mobile is made available to you for your non-commercial use only. This means that you may use it for your personal use only: you may use it at work or at home, to search for anything you want, subject to the terms set out in these Terms and Conditions. You need to obtain Google’s permission first, which you can do by contacting mobile-support@google.com, if you want to sell Google Maps for mobile or any information, services, or software associated with or derived from it, or if you want to modify, copy, license, or create derivative works from Google Maps for mobile.
Unless you have our prior written consent, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Google Maps for mobile.

Furthermore, you may not use Google Maps for mobile in any manner that could damage, disable, overburden, or impair Google’s services (e.g., you may not use the Google Maps for mobile in an automated manner), nor may you use Google Maps for mobile in any manner that could interfere with any other party’s use and enjoyment of Google’s services.

If you have comments on Google Maps for mobile or ideas on how to improve it, please email mobile-support@google.com. Please note that by doing so, you also grant Google and third parties permission to use and incorporate your ideas or comments into Google Maps for mobile (or third party software) without further notice or compensation.

Intellectual Property
As between you and Google, you agree and acknowledge that Google owns all rights, title and interest in and to Google Maps for mobile, including without limitation all associated Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure, or alter Google’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Google Maps for mobile.

Disclaimer of Warranties
Google and any third party who makes its software available in conjunction with or through Google Maps for mobile disclaim any responsibility for any harm resulting from your use of Google Maps for mobile and/or any third party software accessed in conjunction with or through Google Maps for mobile.

GOOGLE MAPS FOR MOBILE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. GOOGLE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOOGLE AND ANY SUCH THIRD PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GOOGLE MAPS FOR MOBILE AND SUCH THIRD PARTY SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE GOOGLE MAPS FOR MOBILE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF GOOGLE MAPS FOR MOBILE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GOOGLE OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE MAPS FOR MOBILE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF GOOGLE MAPS FOR MOBILE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GOOGLE AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GOOGLE MAPS FOR MOBILE OR ON PRODUCTS OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE MAPS FOR MOBILE, FROM INABILITY TO USE GOOGLE MAPS FOR MOBILE OR PRODUCTS OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE MAPS FOR MOBILE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GOOGLE MAPS FOR MOBILE OR PRODUCTS OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE MAPS FOR MOBILE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

These Terms and Conditions constitute the entire agreement between you and Google with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Google.

September 2007
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YOUTUBE TERMS OF SERVICE
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the YouTube.com domain name, the “YouTube Website”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2)YouTube’s privacy notice, found at www.youtube.com/t/privacy and incorporated here by reference, and (3) YouTube’s Community Guidelines, found at www.youtube.com/t/community_guidelines and also incorporated here by reference. If you do not agree to any of these terms, the YouTube privacy notice, or the Community Guidelines, please do not use the YouTube Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version www.youtube.com/t/terms). YouTube may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. YouTube Website
A. These Terms of Service apply to all users of the YouTube Website, including users who are also contributors of video content, information, and other materials or services on the Website. The YouTube Website includes all aspects of YouTube, including but not limited to all products, software and services offered via the website such as the YouTube channels, the YouTube “Embeddable Player,” the YouTube “Uploader” and other applications.

B. The YouTube Website may contain links to third party websites that are not owned or controlled by YouTube. YouTube has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, YouTube will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve YouTube from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the YouTube Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. YouTube Accounts
A. In order to access some features of the Website, you will have to create a YouTube account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify YouTube immediately of any breach of security or unauthorized use of your account.

B.Although YouTube will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YouTube or others due to such unauthorized use.

4. General Use of the Website—Permissions and Restrictions

YouTube hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without YouTube’s prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to YouTube’s Embeddable Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or YouTube Content through any technology or means other than the video playback pages of the Website itself, the YouTube Embeddable Player, or other explicitly authorized means YouTube may designate.
D. You agree not to use the Website, including the YouTube Embeddable Player for any commercial use, without the prior written authorization of YouTube. Prohibited commercial uses include any of the following actions taken without YouTube’s express approval:
- sale of access to the Website or its related services (such as the Embeddable Player) on another website;
- use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the YouTube website or any third-party website, targeted to the content of specific User Submissions or YouTube content;
- and any use of the Website or its related services (such as the Embeddable player) that YouTube finds, in its sole discretion, to use YouTube’s resources or User Submissions with the effect of competing with or displacing the market for YouTube, YouTube content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)

E. Prohibited commercial uses do not include:
- uploading an original video to YouTube, or maintaining an original channel on YouTube, to promote your business or artistic enterprise;
- using the Embeddable Player to show YouTube videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with YouTube;
- any use that YouTube expressly authorizes in writing.

F. (For more information about what constitutes a prohibited commercial use, see our FAQ.)

G. If you use the YouTube Embeddable Player on your website, you must include a prominent link back to the YouTube website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

H. If you use the YouTube Uploader, you agree that it may automatically download and install updates from time to time from YouTube. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit YouTube to deliver these to you) as part of your use of the Uploader.

I. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the YouTube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, YouTube grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. YouTube reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

J. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, YouTube Community Guidelines, and all applicable local, national, and international laws and regulations.

K. YouTube reserves the right to discontinue any aspect of the YouTube Website at any time.

5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the YouTube Website.

A. The content on the YouTube Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned, by or licensed to YouTube, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. YouTube reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the YouTube Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by YouTube on the YouTube Website for that User Submission.

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the YouTube Website. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the YouTube Website or otherwise as prohibited under this Agreement.

D. You may access YouTube Content, User Submissions and other content only as permitted under this Agreement. YouTube reserves all rights not expressly granted in and to the YouTube Content and the YouTube Website.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the YouTube Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the YouTube Website or the Content therein.

G. You understand that when using the YouTube Website, you will be exposed to User Submissions from a variety of sources, and that YouTube is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YouTube with respect thereto, and agree to indemnify and hold YouTube, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Submissions and Conduct
A. As a YouTube account holder you may submit video content (“User Videos”) and textual content (“User Comments”). User Videos and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, YouTube does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize YouTube to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the YouTube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the YouTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the YouTube Website. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant YouTube all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the YouTube Community Guidelines, found at www.youtube.com/t/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F. YouTube does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and YouTube expressly disclaims any and all liability in connection with User Submissions. YouTube does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and YouTube will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. YouTube reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy
A. YouTube will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. YouTube reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. YouTube may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of  these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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;
and – A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. YouTube’s designated Copyright Agent to receive notifications of claimed infringement is: Shadie Farazian, 901 Cherry Ave., San Bruno, CA 94066, email: copyright@youtube.com, fax: 650-872-8513. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to YouTube customer service through www.google.com/support/youtube. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

C. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or
pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

D. If a counter-notice is received by the Copyright Agent, YouTube may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at YouTube’s sole discretion.

9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE YOUTUBE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. YOUTUBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 THE YOUTUBE WEBSITE. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YOUTUBE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability
IN NO EVENT SHALL YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YOUTUBE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by YouTube from its facilities in the United States of America. YouTube makes no representations that the YouTube Website is appropriate or available for use in other locations. Those who access or use the YouTube Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity
You agree to defend, indemnify and hold harmless YouTube, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the YouTube Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive  these Terms of Service and your use of the YouTube Website.

12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the YouTube Website is not intended for children under 13. If you are under 13 years of age, then please do not use the YouTube Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YouTube without restriction.

14. General
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ENGLISH

APPLE INC.

SOFTWARE LICENSE AGREEMENT FOR iTUNES

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE APPLE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “DISAGREE/DECLINE”. FOR APPLE SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.

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1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple’s and its licensors’ intellectual property rights in the Apple Software and do not include any other patents or intellectual property rights. You own the media on which the Apple Software is recorded but Apple and/or Apple’s licensor(s) retain ownership of the Apple Software itself. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions.
A. This License allows you to install and use the Apple Software. The Apple Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may not make the Apple Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Apple Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Apple Software or any part thereof. THE APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

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7. Limited Warranty on Media. Apple warrants the media on which the Apple Software is recorded and delivered by Apple to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Apple’s option, a refund of the purchase price of the product containing the Apple Software or replacement of the Apple Software which is returned to Apple or an Apple authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

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14. Third Party Software and Service Terms and Conditions.
A. Gracenote® End User License Agreement
This application or device contains software from Gracenote, Inc. of Emeryville, California (“Gracenote”). The software from Gracenote (the “Gracenote Software”) enables this application to perform disc and/or file identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”) from online servers or embedded databases (collectively, “Gracenote Servers”) and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of this application or device.

You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights. Under no circumstances will Gracenote become liable for any payment to you for any information that you provide. You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.

The Gracenote service uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are. For more information, see the web page for the Gracenote Privacy Policy for the Gracenote service.

The Gracenote Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers. Gracenote reserves the right to delete data from the Gracenote Servers or to change data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted.

Gracenote is not obligated to provide you with new enhanced or additional data types or categories that Gracenote may provide in the future and is free to discontinue its services at any time.

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B. Kerbango Tuning Service Terms and Conditions.
Terms of Service. By using 3Com Corporation’s (“3Com”) Kerbango tuning service, (“Kerbango Tuning Service”) you agree to be bound by the following terms and conditions (the “TOS”): 3Com Links. The sites displayed as search results or linked to by the Kerbango Tuning Service are owned and operated by individuals and/or companies over whom 3Com exercises no control. 3Com assumes no responsibility for the content of any site included in any search results or otherwise linked to by the Kerbango Tuning Service.

Personal Use Only. The Kerbango Tuning Service is made available for your personal, non-commercial use only. Use of the Kerbango Tuning Service to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales is expressly forbidden. You may not take the results from a Kerbango search and reformat and display them, or mirror the 3Com’s Kerbango home page or results pages on your Web site, or send automated queries to Kerbango’s system without express permission from 3Com.

If you wish to make commercial use of the Kerbango Tuning Service you must enter into an agreement with 3Com to do so. Please contact sales@kerbango.com for more information. Changes In Terms and Conditions and Kerbango Tuning Service. 3Com may modify or terminate its services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. 3Com reserves the right to modify the TOS from time to time without notice.

Disclaimer of Warranties. 3Com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Kerbango Tuning Service results. 3Com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. 3Com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Kerbango Tuning Service.

THE KERBANGO TUNING SERVICE IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER. 3COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 3COM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE KERBANGO TUNING SERVICE. 3COM DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE KERBANGO TUNING SERVICE. 3COM DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE KERBANGO TUNING SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE KERBANGO TUNING SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE KERBANGO TUNING SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE KERBANGO TUNING SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

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SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall 3Com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

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These TOS constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOS will be effective only if in writing and signed by 3Com.

EA0605

Rev 2/10/10

Synopsis -

Every five minutes, a transplant candidate dies while waiting for a heart, a liver, a kidney. Imagine a technology that could provide those life-saving transplant organs for a nominal fee … and imagine what a company would do to get a monopoly on that technology.

On a remote island in the Canadian Arctic, PJ Colding leads a group of geneticists who have discovered this holy grail of medicine. By reverse-engineering the genomes of thousands of mammals, Colding’s team has dialed back the evolutionary clock to re-create humankind’s common ancestor. The method? Illegal. The result? A computer-engineered living creature, an animal whose organs can be implanted in any person, and with no chance of transplant…

This is an awesome story. Check out Scott’s website for more information or subscribe to his podcasts (iTunes link – currently podcasting Ancestor).

I want to encourage you to buy a copy. My goal is to seat Scott on the New York Times Best Sellers List with this book. I have the paperback edition published by Dragon Moon Press in 2007. I also have every other book Scott has published since EarthCore, so I am a huge fan. All I can say is, go and buy his book. You will not regret it.

Video Trailer for the book -

I was a dependent child in the divided city of Berlin. We arrived from Fort Campbell in December 1978 and left for Fort Hood in June 1981. My father was assigned as the Sergent Major at ODCSI⁽¹⁾ at the Clay Headquarters compound⁽²⁾ and later he moved over to DEH⁽³⁾ .

We lived in the Duppel housing area, at 9 Lissabonallee⁽⁴⁾ Our housing area was within a mile of the border (due south).

When we moved to Berlin I was half way through with the 6th grade. As a result, I was enrolled in TARE (Thomas A Roberts Elementary). This was a fun time for me.. I have two stand out memories of the 6th grade here. The first is that it was February, still the new kid and I was sick. Really sick. I remember wearing knitted gloves. I also remember trying to run to the bathroom to vomit but making it only a few feet at which I promptly threw up into my hands… with mittens on, causing the vomit to come out my nose. The second event was playing on the west side of the school and deciding that throwing a stick at a typical elementary school ball (think kickball or four square) would be fun only to have said stick (about 1″ around and about 12″ long) do an admirable job of hitting said stick and returning, almost exactly to its original launch position – only off by being about 12″ to high and 18″ to far to the left – and striking me in the mouth. Oh, the memories we retain…

In September 1979 I entered the 7th grade at Berlin American High School⁽⁵⁾ .  I remember a few of my teachers, whom I have fond memories of – Arthur Benson, John Conway⁽⁶⁾ and, Kermit Long .  The main thing I remember about going to school at BAHS was that the last day of school was hell on the bus drivers and on the interior of the bus⁽⁷⁾ . The last day of school entailed a ritual on the bus ride home. It involved shaving cream – lots of shaving cream – and getting it on everyone who happened to be on the bus.. Not just on them.. in them.. hair, clothes, shirts… everywhere At the end of my 8th grade year, the poor diver pulled the bus over on Argentinische Alle and kicked all the kids off. Oh, the fun!

My class mates, Kevin Zimmerman⁽⁸⁾ , Mike Lavoie⁽⁹⁾ and I used to bum all over the area. As I mentioned earlier, the wall was a short distance south of the housing area. We used to go up to the observation deck and wave at the border guards. At shift changes the DDR soldiers would wave back to us, with their hands down low over the back of the trucks rear gate so no one else would see. We also set off Fireworks (bottle rockets) over the wall on the 4th of July and New Years. I’m sure the border guards were most excited by our antics.

To the west of the Duppel housing area, where Parforceheide street is now, there were some WWII era bunkers. To keep people out, the Germans – or the Americans – piled dirt into the entry portals. This was no real deterrent to a group of 12-13 year old kids. We used to pack sacks and lights and explore the bunkers.  The insides were stripped, moldy, with puddles of water and even rooms impassible due to it. It was fun. I found a WWII era 1 Reichspfennig coin next to the bunker closest to the housing area. I have searched all over for information on the complex but have come up with nothing. Anyone know what the purpose was of this bunker complex?

The bunker area is also where we would fire zip guns made out of US Army Fuse Igniters that we would ‘appropriate’ from Rose Range (if we found any laying around). We used 5.56 mm blanks  (with all or most of the powder removed) as the charge for our most dangerous toy. Most of the time this worked fine, with the occasional casing expanding to much and splitting the plastic igniter housing. We used to make bike trips down to Rose Range and go onto the grenade/demolition range⁽¹⁰⁾ and  see what was there. We would collect used fragmentation and smoke grenade fuses, stray blank and live ammo of various calibers. We would then go over to the pistol and machine gun ranges and dig in the berms for bullets. As we left the Range, anything we didn’t want we would hand over to the gate guard and tell him we ‘found’ it. I still have one grenade pull ring that I use as a keeper for my handcuff key.

Just north of the border – south east of the bunkers, was an old, pre wall, S-Bahn station (it still had structure when we were there, though none are shown in the images on this Google map). It was quite a fun place for 12 year old boys to hang out. No real worries about tearing anything up.

During this time, Berlin was going threw issuea with squatters (as were several other european cities) taking over abandoned buildings, Turkish youths (up to mid 20′s) were also an issue with the Polizi. This is the time when I started seeing Polizi standing on almost every street corner holding MP5 machine guns. Now that was exciting… Being an occupied city, Berlin was not allowed to have German military units in the city – I have no idea why there DDR soldiers were allowed in the East. As a result, with a population of 2 million at the time I was there, Berlin’s Police (Polizi) numbered 20,000 officers. The Polizi used to practice crowd control and formations in a vacant field just to the east of the Duppel housing area.

I and the terrible influences of friends – I hold them very dear-  would take the U-Bahn from outside Clay HQ up to Templehof to go bowling at the Air Force facilities (both of their fathers were Air Force). I always thought it weird to be bowling on an upper floor in a multistory building. One of our favorite places to go was to McNair Barracks⁽¹¹⁾ on Goerzalle to watch movies at the theater. To get to McNair we would either take the Army shuttle bus or ride our bikes. I think we went there more than we went to the Outpost theater by Clay HQ. At the east end of McNair was the 4th of July Plaza where the various units would hold parades.

So it was in this environment, at the age of 12, that I started smoking. Before my parents knew, or told me they knew, I would go to the little store at the corner of Spanisch Alle and Potsdamer Chaussee. After they found out, I used their ration card to buy cigarettes from the commissary. Berlin is also where I was arrested for shoplifting at the Duppel Shopette. Yes, I was busted for stealing a pack of planters peanuts.  We also used to camp in the grassy area just to the west of our building. At night we would sneak out and go buy schnapps from the little German store. Yes, my time in Berlin was not spent in the most constructive ways…

Some of my best memories were of taking ITT (Information, Tour, and Travel) Tours of Germany, the UK, Holland, France and Italy. My sister spent her 16th birthday in Italy, so that trip was in early ’81. The trip to Holland was with my Grandmother, Great Aunt, sister and myself. My father was fond of old castles and ruins, so those were always a subject on our trips through Germany.

At the start of the post I mentioned that I felt safe in Berlin. I really did. I felt safer there running around as a kid than I feel about letting my kids run around the Portland area. Sad to say. I knew I was in an occupied city, I knew that there were Russians watching us. It was a simple fact of life. We⁽¹²⁾ would joke that, in the event of World War III, the Russians would simply hang signs over the wall saying, “You Are Now Prisoners Of War”, cut the water and electricity⁽¹³⁾ and bypass the city completely. I, as a very young child, also lived in Seoul, Korea. But I was far to young to have any apprehension about the place or its history and on going issues with the North.

Each of the occupying powers had the ability to travel in the other powers areas. We would often visit the French exchange and my mother would buy crystal-ware, at the British exchange we would buy woolen goods. I’m not sure what the French and British would buy from our exchange. though, maybe electronics. We would also Russian military cars in the parking lot at our exchange. They were ALWAYS occupied by four Russian military members. The joke was that the two in the front of the car were watching the two in the back and the two in the back were watching the two in the front. They never got out of the car, that I saw, and entered the exchange.

One of the ‘perks’ of living in Berlin was going into East Berlin. This was a treat for me. I’m sure it was a chore for my father who had to don his Class A Uniform to go on the other side of the wall.  I think the real purpose of having military members go in uniform was to allow the East German shadows to more easily spot who they were following… Each family member was issued a US Forces ID Card (I still have mine) for travel to East Berlin or through East Germany. Entering the East was like stepping back in time. There were still, in the early 80′s, numerous buildings with scars from the bombing and subsequent fighting in the city as the Russians entered the city. I wanted an East German flag, now long since gone from my possession, and we ended up going into a local shop in East Berlin and buying one. That was an experience. It was just like you thought it would be, bare, few items, and it just felt oppressive. One of the things we western ‘tourists’ did in East Berlin was to take pictures of the Russian or DDR seals on buildings or of the East German soldiers marching. The soldiers had a goose step march that they did, but which the DDR denied. Now, were to have taken a photo, like the one in the link above, and then go to the PX to have your film developed, that particular shot on the negative would not have come out. In most cases it would have ended up being very, very over exposed. The same thing would have happened with photos of the East German seal… Odd, huh?

One of the fun ways to travel to West Germany was via the Duty Train. In order to travel via the duty train, or by car, you needed to have your documents in order. Those were your ID and your Flag Orders. The train left from Lichterfelde-West station in the late evening and arrived in Frankfort in the morning. Your ID and Flag Orders were given to the train commander before departure.  I remmeber watching the Soviets, at the train checkpoints, walking the tracks with their AK’s and others with dogs searching around and under the train. I took the train a few times with my family and also with the Berlin DYA football team to play other bases teams in West Germany.

Driving the Autobahn from Checkpoint Bravo to Checkpoint Alpha was intimidating. After leaving the Allied building, and having the Army make sure your ID’s and Flag Orders were in order you were issued a travel packet ⁽¹⁴⁾ got into your car and drove across the border to the Soviet checkpoint where the Russian military would check your documents… and make you wait. There were guard posts and barriers you had to drive around. There were also anti-vehicle barriers that would pop out of the ground and, basically, rip your car in two. It was at this checkpoint that my father would trade/barter with the soviet troops, usually for Soviet military belt buckles or Soviet Army decorations⁽¹⁵⁾ . After being cleared, and having a travel packet you were on your way. After arriving at Checkpoint Alpha the reverse happened. I don’t recall my father trading with the soviet troops here. Once you got into the Allied checkpoint, your start time and end times were noted (Bravo would call ahead to Alpha to let them know you were on your way and what time you left. That way they would be looking of r you and search for you if you were late.) and if you arrived to quickly, you were issued a speeding ticket by the US Army PMO working the desk. Yep, a speeding ticket for not staying in the DDR long enough…

That is a basic, semi quick overview of my time as a Berlin Brat. There are more stories and information, though I’m not sure if I’ll post them. If I find my photos that I took while in Berlin I’ll post them.

To learn more about life in the Divided City, take a look at these links. Here are some good links to what it was like to live in Berlin.

• • • • theberlinobserver.com
      • berlinbrigade.com
      • berlin-brigade.com
      • berlinbrats.org

This video contains both parts and is 7:08 long.

While the original video is up, you can see part 1 here and part 2 here. Politics

The alligator, one of the oldest and ultimate predators, normally considered the “apex predator”, can still fall victim to implemented ‘team work’ strategy, made possible due to the tight knit social structure and “survival of the pack mentality” bred into the canines.

See the remarkable photograph below courtesy of Nature Magazine. Note that the Alpha dog has a muzzle hold on the gator preventing it from breathing, while another dog has a hold on the tail to keep it from thrashing. The third dog attacks the soft underbelly of the gator.

Not for the squeamish!

First of all it’s important to remember that if you attack an armed man in a uniform, he will very probably shoot you. Even given the most restrictive Rules of Engagement in the world which forbid him from opening fire unless he is outnumbered 600 to 1, there is a nuclear war in progress and only when he has been given specific authorization by the UN to use deadly force– there will still come a time when he will open fire on you. This will occur when he feels that he or his comrades or in danger. At this point there will be bullets headed your way, and no matter what you learned at your Madrassa or in Protest Studies at Evergreen State High University, you are not bulletproof. Really, you’re not.

Read the entire article here.

A lot of people are saying that everyone on Oceanic 815 died in the crash and that it was all a dream, or whatever, of Jack Shepperd. Others are saying that the finale proves that the island was Purgatory. These ideas are not what  was born out of the finale.

Christian Shepherd, Jack’s father, said that everyone in the flash-sideways was dead and that time had no meaning there. He went on to say that what happened on the island happened, that it was all reel. Christian said that not everyone died at the same time, some died before Jack, and others died after him. Christian said that this place, the flash-sideways, was a construct that they, those in attendance, created as a place to meet up. Christian said that each of them was an important part of Jack’s life and that Jack was an important part of their lives as well, that that was the reason they were all together.

This is further born out in an exchange between Hurley and Ben. Jack made Hurley the islands protector shortly before his death. Hurley said that Ben was an excellent number 2, Ben was Hurley’s advisor, and Ben said that Hurley was an excellent number 1. This leads to the observation that both Ben and Hurley lived on the island, as its protector, for some time AFTER Jack died in the bamboo forest with Vincent, the lab, at his side.

We also have the fact that Alpert, Frank, Sawyer, Kate, Claire, and Miles were able to fly off the island in the Ajira jet. We have no idea what happens to these “Ajira 6″ after they leave. This was seen from Jacks point of view as he was lying on the ground looking up as the Ajira jet passes overhead. Bernard and Rose lived on the island, in their hut, after the Ajira jet departed. Also alive on the island after the departure of the Ajira 6 was Desmond, who was pulled up from the pit by Hurley and Ben.

Ben didn’t enter the church because he said that he wasn’t ready to go, even after he had is own “awakening” and knew of his life before the flash-sideways. He said that much to Locke when he apologized to Locke for all he had done to him. I feel that Ben wanted to have a life with his “daughter”, Alex, and with Rousseau. Ana Lucia, who was driving the paddy wagon with Desmond, Sayid, and Kate inside, was “not ready” according to Desmond when Hurley asked if she was going with them.

The island was not Purgatory.

Purgatory is reported as “In addition to accepting the states of heaven and hell, Catholicism envisages a third state before being admitted to heaven. According to Catholic doctrine, some souls are not sufficiently free from sin and its consequences to enter the state of heaven immediately, nor are they so sinful as to be destined for hell either. Such souls, ultimately destined to be united with God in heaven, must first endure purgatory—a state of purification. In purgatory, souls “achieve the holiness necessary to enter the joy of heaven.” ^“. (from Wikipedia)

The island happened, the crash happened, the “Oceanic 6″ happened. Jacob explained why the people were brought to the island, further squashing the idea that the island was Purgatory. The flash-sideways was not Purgatory either. It was more akin to a waiting area for everyone who was important to them to arrive in, so they could “move on” as explained by Christian.

LOST was a character study. Each person was intertwined with the rest, from before they boarded flight 815. They had been passing by each-other, in one way or another, nearly all their lives. In essence, they had been destined to meet.

I think that the ride of watching LOST for 6 years was worth it. Not all the answers were given – I have named a few new questions above – but it was a fitting end to a great drama that had millions guessing for its entire run.

The final take-away from the finale, in my eyes, is that we choose who to be involved with, we choose what we want to do, who we want to interact with, and who is important to us either knowingly or not. With my background, a divorced father of three girls and married again with two more daughters, its about determining what, and more importantly “who” is important to you. Who do I want to love and care for? Who do I want with me after I am done “here”?

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We’re Alive is a full cast audio drama with excellent production values, a great score and sound effects.

You can subscribe via iTunes by searching for “We’re Alive” or by going to www.zombiepodcast.com

  
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