Revised Sept 17, 2008

PRIVACY POLICY

At Lifeware TEK we recognize that privacy is important. This Policy applies to all of the products, services and websites offered by Lifeware TEK Inc. or its subsidiaries or affiliated companies (collectively, Lifeware TEK's "products/services"). In addition, where more detailed information is needed to explain our privacy practices, we post separate privacy notices to describe how particular product/services process personal information.

Information we collect and how we use it:

We offer a number of products/services that do not require you to register for an account or provide any personal information to us. In order to provide our full range of products/services, we may collect the following types of information:

• Information you provide - When you register for a trial subscription or register for and purchase a full subscription or other Lifeware TEK product/service or promotion that requires registration, we ask you for personal information (such as your name, email address and phone number, etc.). For certain products, such as our i-COOK™ Subscription, we also request credit card or other payment account information which is sent to our gateway via secure servers. We may combine the information you submit under your account with information from other Lifeware TEK products/services or third parties in order to provide you with a better experience and to improve the quality of our products/services. For certain products/services, we may give you the opportunity to opt out of combining such information. Lifeware TEK cookies - When you visit Lifeware TEK, we send one or more cookies - a small file containing a string of characters - to your computer that uniquely identifies your browser. We use cookies to improve the quality of our service by storing user preferences and tracking user trends, such as what product/service demos are being viewed. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Lifeware TEK features and products/services may not function properly if your cookies are disabled.
• Log information - When you use Lifeware TEK products/services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
• User communications - When you send email or other communication to Lifeware TEK, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
• Affiliated sites - We offer some of our products/services in connection with other web sites. Personal information that you provide to those sites may be sent to Lifeware TEK in order to deliver the product/service. We process such information in accordance with this Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.
• Links - Lifeware TEK may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of products/services marketing efforts, customized content and advertising.
• Other sites - This Privacy Policy applies to web sites and products/services that are owned and operated by Lifeware TEK.

Lifeware TEK only processes personal information for the purposes described in the applicable Privacy Policy and/or privacy notice for specific products/services. In addition to the above, such purposes include:

• Providing our products and services to users, including the display of customized content and advertising;
• Auditing, research and analysis in order to maintain, protect and improve our services;
• Ensuring the technical functioning of our network; and
• Developing new services.

Lifeware TEK processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising or strategic partners.

Choices for personal information

When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Policy and/or in the specific service notices, unless we have obtained your prior consent.

You can decline to submit personal information to any of our products/services, in which case Lifeware TEK may not be able to provide those products/services to you.

Information sharing

Lifeware TEK only shares personal information with other companies or individuals outside of Lifeware TEK in the following limited circumstances:

• We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
• We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.
• We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Lifeware TEK, its users or the public as required or permitted by law.

If Lifeware TEK becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who reside in a certain geographic location, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.

Information security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to Lifeware TEK employees, contractors and agents who need to know that information in order to operate, develop or improve our products/services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Data integrity

Lifeware TEK processes personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Accessing and updating personal information

When you use Lifeware TEK products/services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our products/services have different procedures to access, correct or delete users' personal information.

Enforcement

Lifeware TEK regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or Lifeware TEK's treatment of personal information by contacting us through http://www.lifeware.com. When we receive formal complaints, it is Lifeware TEK's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Lifeware TEK and an individual.

Changes to this policy

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on http://www.lifeware.com and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Policy changes). Each version of this Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

TERMS & CONDITIONS

This page contains the terms and conditions ("Terms and Conditions") for the i-COOK™ Subscription service and recipes and other contents provided within the i-COOK™ Subscription (collectively, "i-COOK™ Subscription"). Registering for i-COOK™ Subscription, you agree to the terms of this agreement either for yourself or on behalf of your employer or another entity therefore bound by its terms and conditions. If you are accepting on behalf of your employer or another 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 do not put a check in the box next to "I agree to the Terms and Conditions".

Personal or Internal Business

The i-COOK™ Subscription is made available to you for your personal or internal business use in compliance with all applicable laws, rules and regulations. If you want to make commercial use of i-COOK™ Subscription, including but not limited to selling or distributing i-COOK™ Subscription for payment, you must enter into an agreement with Lifeware TEK to obtain written permission in advance or by joining the i-COOK™ Subscription affiliate program. If you are asked to register you must provide complete and accurate identification, contact, and other information required as part of the registration process. Lifeware TEK reserves the right to refuse or discontinue participation to any applicant at any time in its sole discretion.

Prohibited Actions

You may not distribute i-COOK™ Subscription or any services or software associated with or derived from it, modify, copy, license, or create derivative works from i-COOK™ Subscription, unless you obtain Lifeware TEK's written permission in advance. If you wish to do any of the above, please contact us by sending an email to client support, this address can be found at http://www.icookmanager.com/Contact.aspx

Automatic Updates

i-COOK™ Subscription may communicate with Lifeware TEK's servers to check for available updates to the software, such as new recipes, bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, i-COOK™ Subscription sends Lifeware TEK a request for the latest version information. By installing i-COOK™ Subscription, you hereby agree to automatically request and receive Updates from Lifeware TEK's servers.

Pricing and Payment

You authorize Lifeware TEK to charge the applicable monthly subscription fee ("Subscription Fee") to a valid credit card account designated by you and approved by Lifeware TEK. Subscription Fees will be charged on a recurring monthly basis at the standard rate in effect at the time the fee is payable. Current Subscription Fees and other charges can be found at http://www.icookmanager.com/register995.aspx . You agree to pay all sales, use, and other similar taxes imposed in connection with your use of the i-COOK™ Subscription. You are responsible for all Internet service provider fees, telecommunication and other charges required for your connection to the i-COOK™ Subscription.

Cancellation Policy

You may cancel your i-COOK™ Subscription at any time, however your monthly subscription fee will not be prorated and you will be charged the monthly subscription fee for the full month in which you cancel. To cancel, please contact us by sending an email to client support, this address can be found at http://www.icookmanager.com/Contact.aspx

Information Practices

Protecting users' privacy is very important to Lifeware TEK. As a condition of downloading and using i-COOK™ Subscription, you agree to the terms of the i-COOK™ Subscription Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. Information collected by Lifeware TEK may be stored and processed in the United States or any other country in which Lifeware TEK or its agents maintain facilities. By using i-COOK Pro you consent to any such transfer of information outside of your country.

Intellectual Property

You acknowledge that Lifeware TEK or third parties own all right, title and interest in and to i-COOK™ Subscription, portions thereof, or software or content provided through or in conjunction with i-COOK™ Subscription, including without limitation all 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 not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from i-COOK™ Subscription, or to extract significant portions of i-COOK™ Subscription's files or recipes for use in other applications. You also agree to (and agree not to allow third parties to) not remove, obscure, or alter Lifeware TEK»t;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 i-COOK™ Subscription.

Feedback

If you have comments on i-COOK™ Subscription or ideas on how to improve it, please visit http://www.icookmanager.com/Contact.aspx . Please note that by doing so, you also grant Lifeware TEK and third parties permission to use and incorporate your ideas or comments into i-COOK™ Subscription (or third party software or content) without further compensation or approval.

Changes to Terms and Conditions

Lifeware TEK reserves the right to modify these Terms and Conditions from time to time at its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at http://www.icookmanager.com/help/termsandconditions.html (or such successor URL as Lifeware TEK may provide), so that you will be apprised of any changes.

Disclaimer of Warranties

Lifeware TEK and any third party who makes its software or content available in conjunction with or through i-COOK™ Subscription disclaim any responsibility for any harm resulting from your use (or use by your employees, agents or contractors) of i-COOK™ Subscription and/or any third party software or content accessed in conjunction with or through i-COOK™ Subscription, i-COOK™ Subscription and any third party software and content made available in conjunction with or through i-COOK™ Subscription are provided "as is," with no warranties whatsoever. Lifeware TEK 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. Lifeware TEK and any third party who makes its software or content available in conjunction with or through i-COOK Pro OP disclaim any warranties regarding the security, reliability, timeliness, and performance of i-COOK™ Subscription and such third party software or content. You understand and agree that you download and/or use i-COOK™ Subscription and all third party software or content made available in conjunction with or through i-COOK™ Subscription 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 from the download or use of i-COOK™ Subscription and such third party software and content. 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 Lifeware TEK or any third party who makes its software or content available in conjunction with or through i-COOK™ Subscription be liable to any user on account of that user's use or misuse of i-COOK™ Subscription or such third party software or content. 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 Lifeware TEK and/or a third party software or content 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 i-COOK™ Subscription and all third party software or content made available in conjunction with or through i-COOK™ Subscription, from inability to use i-COOK™ Subscription and all third party software or content made available in conjunction with or through i-COOK™ Subscription, or from the interruption, suspension, or termination of i-COOK™ Subscription and all third party software and content made available in conjunction with or through i-COOK™ Subscription (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 Florida, without giving effect to the conflict of laws provisions of Florida 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 the parties 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 Lifeware TEK.