PRESENCE TOOLS ADDENDUM

BY CLICKING "I AGREE" BELOW, OR BY USING THE TOOLS, YOU CONFIRM THAT YOU HAVE ACCEPTED THE AIM DEVELOPERS LICENSE AGREEMENT AND THIS ADDENDUM (THE "AGREEMENT"), AND WISH TO OBTAIN THE PRESENCE TOOLS. IF YOU DO NOT AGREE TO THE FOLLOWING ADDITIONAL TERMS, CLICK THE "CANCEL" BUTTON BELOW AND DO NOT DOWNLOAD THE PRESENCE TOOL.

Defined terms used herein and not defined are defined in the main body of the Agreement.

This addendum is hereby incorporated by reference into and made a part of the Agreement.

DESCRIPTION OF TOOLS. The Presence Tools offer access to the AOL IM Network for the purpose of allowing the display of online presence and activity indication for registered users of an AOL Service. This is accomplished on your Site by your implementing code created with certain application programming interfaces ("API"), Documentation, and AOL-provided presence icons and/or certain online presence or activity status indicators (each a "Presence Indicator"). A Site user clicking on the Presence Indicator for a Screen name will result in the launch of the AOL Instant Messengerâ„¢ client software, if installed on the Site user's PC, initiating an AOL Service communication session. As used herein, "Site" means any website located at a URL address (and not any Client) on which you place any code that calls or accesses the API that renders the AIM presence or online activity services. If your Site is located within a proprietary, nonpublic network, you must grant AOL access to such Site for periodic reviews, upon request by AOL. If you would like to use or access the Presence Tools through any means other than a Site, including but not limited to any application that is installed upon and/or runs on an end user's computer or other hardware (a "Client"), you must obtain AOL's prior written consent, and may direct any such inquiry to AIMCommercial@aol.com.

TRADEMARK LICENSE. SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, AOL HEREBY GRANTS YOU A LIMITED, NONEXCLUSIVE, NONSUBLICENSABLE, NONTRANSFERABLE LICENSE TO USE THE UNALTERED PRESENCE INDICATORS SOLELY FOR THE PURPOSE OF INDICATING THE ONLINE PRESENCE OR ACTIVITY STATUS OF SCREEN NAMES, WHICH PRESENCE INFORMATION SHALL ONLY BE VIEWABLE BY SITE USERS, SOLELY IN ACCORDANCE WITH THESE TRADEMARK LICENSE RIGHTS AND RESTRICTIONS, AND ANY PRESENCE INDICATORS USAGE OR STYLE GUIDELINES THAT AOL MAY INCLUDE WITH THE DOCUMENTATION. YOU SHALL COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, AND CUSTOMS AND OBTAIN ANY REQUIRED GOVERNMENT APPROVALS PERTAINING TO USE OF THE PRESENCE INDICATORS. ALL USE OF THE PRESENCE INDICATORS BY YOU SHALL INURE TO THE BENEFIT, AND BE ON BEHALF, OF AOL. YOU ACKNOWLEDGE THAT YOUR UTILIZATION OF THE PRESENCE INDICATORS WILL NOT CREATE IN YOU NOR WILL YOU REPRESENT YOU HAVE, ANY RIGHT, TITLE, OR INTEREST IN OR TO THE PRESENCE INDICATORS OTHER THAN THE LICENSE EXPRESSLY GRANTED HEREIN. YOU AGREE NOT TO DO ANYTHING CONTESTING OR IMPAIRING THE TRADEMARK RIGHTS OF AOL, INCLUDING WITHOUT LIMITATION APPLYING TO REGISTER AS A TRADEMARK, THE PRESENCE INDICATORS, ANY TRADEMARK CONFUSINGLY SIMILAR TO THE PRESENCE INDICATORS, OR ANY TRADEMARK INCORPORATING THE PRESENCE INDICATORS. YOU HEREBY ASSIGN TO AOL ANY AND ALL PROPRIETARY INTERESTS YOU MAY OBTAIN UNDER APPLICABLE LAW IN ANY TERRITORY IN THE NAME AND/OR TRADEMARKS OR WORDS ASSOCIATED WITH AOL DUE TO YOUR USE OR REGISTRATION OF SUCH NAMES, TRADEMARKS OR WORDS IN SUCH TERRITORY. YOU AGREE TO IMMEDIATELY CORRECT OR CHANGE YOUR USAGE OF THE PRESENCE INDICATORS SHOULD AOL NOTIFY YOU OF ITS OBJECTION TO ANY IMPROPER OR INCORRECT USE. YOU MAY NOT: (I) CREATE A UNITARY COMPOSITE MARK INVOLVING THE PRESENCE INDICATORS, (II) ALTER THE PRESENCE INDICATORS IN ANY WAY, OR (III) USE THE PRESENCE INDICATORS IN ANY MANNER OR FOR ANY PURPOSE OTHER THAN AS EXPLICITLY PERMITTED HEREIN.

ADDITIONAL SITE RESTRICTIONS. You may only use the Presence Indicators to display online presence or activity status for Screen names for which you have received consent to do so. Such consent shall at a minimum include informing the user that by providing his or her Screen name, online status will be publicly displayed. You shall include within the Site a link to http://developer.aim.com/faq.jsp to inform Site users about displays of online presence.

USAGE LIMITATIONS. You may use each key provided as part of the Presence Tools for a Site identified to AOL in the registration process only.

DOWNLOAD AIM. If you enable the Presence Tools on your Site, you may post the following link on any page of your Site where a Presence Indicator is displayed: www.aim.com.