optidep.com

for legal professionals with deposition transcripts

Download the software. It's free because we want you to keep us in mind. As you watch on the screen, the software yields condensed, highlighted and masked transcripts, plus an index. If you send us the masked transcript, we run it through the in-house version of the

software - enhancing the software and producing a digest, with words that help the flow. We send you the digest blanked as to masks. If you approve, pay 50¢ per transcript page, and we send you the full digest. Use the software again to unmask this digest.

confidentiality

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At OptiDep Corp., each and every transcript or similar document, regardless of how well masked, and also the fact that it was sent to us, is deemed highly confidential and restricted. ● This confidential treatment applies with equal force to any abstract, copy, excerpt, summary, digest or other derivative document. ● No document is disclosed. ● Other than to prepare a digest for the sender and internally to improve our digest procedures across-the-board, none is used.

Privacy

OptiDep does not provide your name, e-mail address and/or other identifying information to other companies or organizations without your consent, except when necessary, in our good faith judgment, to comply with laws or regulations of a governmental or regulatory body, to respond to a valid subpoena, warrant or other governmental order or to protect from infringement our rights or the rights of others.

You are deemed to have informed us that you would not like to receive information or special promotions from anyone except OptiDep.

Notwithstanding the foregoing, if OptiDep is acquired by or merged with another entity, OptiDep may as part of the transaction transfer customer information, subject to the entity's adoption of our privacy and confidentiality policies.

Moreover, OptiDep may at all times collect information about the use of our website, such as the types of services used and how many users we receive daily. This information is collected in aggregate form, without identifying any user individually. OptiDep may use this aggregate, non-identifying statistical data for statistical analysis, marketing or similar promotional purposes.

In addition, OptiDep or third parties authorized by OptiDep may collect certain technical and routing information about your computer. For example, we may log environmental variables, such as browser type, operating system, CPU speed and the Internet Protocol address of your computer. These environmental variables are used to facilitate and track use of the site and its services. Without expressly informing you, we would not match such information with your personal information, if any.

Terms of Use

By downloading software of OptiDep Corp., you agree to the following terms and conditions. If you do not agree with these terms and conditions, do not download the software. The terms of an end user license agreement accompanying a particular software file upon installation or download of the software shall supersede the terms presented below.

The export and re-export of OptiDep software products may be controlled by the Export Administration Regulations of the United States. If so, such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and may not be distributed to persons on the Table of Denial Orders, the Entity List or the List of Specially Designated Nationals.

By downloading or using an OptiDep software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List or the List of Specially Designated Nationals.

DISCLAIMER OF WARRANTIES: YOU AGREE THAT OPTIDEP HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. OPTIDEP DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Some states or jurisdictions do not allow the exclusion of implied warranties so the above limitations may not apply to you.

LIMIT OF LIABILITY: IN NO EVENT WILL OPTIDEP BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF OPTIDEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Form of Revocable-at-Will End-User License Agreement

Legal notice:

OptiDep software is not sold, given away or otherwise alienated. Rather, copies of OptiDep software are put out under a revocable license for a limited term. THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT APPLY TO YOU. Be sure to read the agreement.

END-USER LICENSE AGREEMENT

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING IN PARTICULAR THE LIMITATIONS ON USE, TRANSFERABILITY, WARRANTY AND LIABILITY. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

1. Software License. OptiDep Corp., a Delaware corporation, grants to you a revocable license for a limited term. The term is limited to the period ending, but not including, [Month] [Day], [Year]. Unless revoked, and during the term, the license is yours as long as you comply with the terms of this End User License Agreement (this "Agreement"). The license is non-exclusive and is limited to using the Software for the purposes that OptiDep describes in its various materials.

2. No Modification. You may not alter or modify the Software or create a new installer for the Software. You are not authorized to integrate the Software with any other software, plug-in or enhancement. You are not authorized to use the Software except to mask and unmask documents.

3. Intellectual Property Rights. The original Software and any copies that are made are the intellectual property of and are owned by OptiDep Corp. The structure, organization and code of the Software are the valuable trade secrets and confidential information of OptiDep Corp. The Software is protected by copyright, including without limitation United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. Any copies must contain the same copyright and other proprietary notices that appear on or in the original Software. Unless specifically and expressly permitted by OptiDep, you agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software except to the extent that you may be expressly permitted under applicable law. Trademarks shall be used in accordance with accepted trademark practice, including identification of the trademark owner's name. Any use of a trademark does not give you any rights of ownership in that trademark. This Agreement does not grant you any intellectual property rights, and all rights not expressly granted herein are reserved by OptiDep.

4. Transfer. You may not, rent, lease, sub-license or authorize all or any portion of the Software to be copied onto another user's computer unless the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which a license to the Software was legally acquired.

5. NO WARRANTY. The Software is being delivered to you "AS IS" and OptiDep makes no warranty as to its use or performance. OPTIDEP DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, OPTIDEP MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

6. LIMITATION OF LIABILITY. IN NO EVENT WILL OPTIDEP BE LIABLE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN OPTIDEP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. OPTIDEP'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, AND YOU ACKNOWLEDGE THAT NOTHING HAS BEEN PAID FOR THE SOFTWARE, SO OPTIDEP HAS NO SUCH LIABILITY. Nothing contained in this Agreement limits OptiDep's liability to you in the event of death or personal injury resulting from OptiDep's negligence or for the tort of deceit (fraud).

7. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

8. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of New York. The courts of New York shall have jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

9. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of OptiDep. Updates may be licensed to you by OptiDep with additional or different terms. This is the entire agreement between OptiDep and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

10. Compliance with License. You agree that upon request from OptiDep or OptiDep's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your license from OptiDep.