INSTANTBROKER USER AGREEMENT

1. I understand that this Agreement between me and Fidelity (Fidelity refers to Fidelity Brokerage Services LLC and/or National Financial Services LLC as the context may require) states the terms and conditions of my use of "InstantBroker". I acknowledge that in making InstantBroker available to me, Fidelity is relying on my agreement to be bound by the provisions set forth in this Agreement.

I agree to use InstantBroker only in accordance with this Agreement and that any additional services related to InstantBroker offered by Fidelity in the future will only be used in accordance with this Agreement. Fidelity may amend or terminate this Agreement upon notice from Fidelity.

In offering InstantBroker, Fidelity is making available to me either one-way or interactive electronic services which allow me, by one-way pager, two-way pager, email, facsimile, telephone, personal data assistants, or other electronic means, as Fidelity may make available and as I may elect, to receive information regarding my Fidelity brokerage account, to receive notifications of certain quotations, and market, security and public offering activity and to access news services (all as I have requested from Fidelity), to enter orders to buy, sell and exchange certain securities and to exchange other information (some of which may be provided by third parties) via electronic transmission.

2. I understand that Fidelity will not be responsible whatsoever for the accuracy, timeliness, completeness, or use of any information received by it or received by me from Fidelity or any outside data sources through InstantBroker and that Fidelity does not make any warranty concerning such information. I understand that there may be delays with or interruptions or failures of the InstantBroker service and I agree to accept the risk and responsibility associated with such delays, interruptions and failures. I agree that neither Fidelity nor any third party working with Fidelity to provide services hereunder shall be responsible for any damages caused by telecommunications network, encryption or communications line failure, unauthorized access, theft, systems failure, systems delays and other occurrences. To the extent that InstantBroker utilizes Internet, radiowave, satellite, wireline or other telecommunications network services to transport data or communications, Fidelity disclaims any liability for interception of any such data or communications. Fidelity shall not be responsible for and makes no warranties regarding the access, speed or availability of Internet, radiowave, satellites, wireline or other telecommunications network services. I agree to provide and obtain access to all equipment, including telephones, facsimile machines, pagers and computers, and all telecommunication network services necessary to access InstantBroker, and I will be solely responsible for the failure of and paying all charges related to such equipment and telecommunication network services. I further understand that my ability to make use of the InstantBroker service may be limited by technical or other limitations present in the equipment or services I provide or obtain.

3. I shall be the only authorized user of InstantBroker under this Agreement. Data, information and services accessible through InstantBroker will be used for my personal, non-commercial purposes only. I agree to keep confidential and not publish, broadcast, retransmit, reproduce, commercially exploit, or otherwise redisseminate the data, information, or services provided under this Agreement. I shall be responsible for the confidentiality and use of my password(s) and other security data, methods and devices, and for the physical security of my pager or other receiving equipment. I understand that I shall be solely responsible for all orders electronically transmitted, and the use of any data, information or services obtained, using my passwords and other security data.

I agree that InstantBroker is the proprietary property of Fidelity and/or third parties from whom Fidelity has obtained rights to provide access to Fidelity’s customers. I agree not to use InstantBroker except as authorized by this Agreement and, in any event, not to make it available to any third parties.

4. I understand that all orders placed through InstantBroker are at my sole risk and responsibility. I further understand and agree that any orders given by me and any information furnished to me by use of InstantBroker shall be subject to the following terms and conditions:

(a) If an order has been placed through InstantBroker and I have not received a reference number reflecting the order, I shall immediately notify Fidelity.

(b) If an order has been placed through InstantBroker and I have not received an accurate written confirmation of the order or of its execution within five (5) business days, I shall immediately notify Fidelity.

(c) If I have received confirmation of an order which I did not place or any similar conflicting report, I shall immediately notify Fidelity.

(d) I shall immediately notify Fidelity if there is a discrepancy in the account balance, security positions or order status reported to me by Fidelity.

(e) I shall immediately notify Fidelity of any other type of discrepancy or suspicious or unexplained occurrence relating to the product or my account.

(f) All notifications to Fidelity pertaining to this Agreement shall be directed to:

Fidelity Investments

Priority Services Retail Correspondence T2J

PO Box 500

Merrimack, NH 03054-9894

(g) I shall immediately notify Fidelity if my password and/or the electronic device I use with InstantBroker is lost or stolen or if there is unauthorized use of my passwords and other security data.

If I fail to notify Fidelity when any of the above conditions (a) - (f) occur (and in any event if the above condition (g) occurs), neither Fidelity nor any of its employees, agents, affiliates, subsidiaries, control persons, or its parent, nor any third parties, can or will have any responsibility or liability to me or to any other person whose claim may arise through me for any claims with respect to the handling, mishandling, or loss of any order or information. I understand that Fidelity shall not be deemed to have received any order electronically transmitted by me until Fidelity has acknowledged to me that the order has been received by Fidelity. I accept full responsibility for the monitoring of my account. Any commission discounts associated with InstantBroker which may be available from time to time will not apply to any transactions which for any reason cannot be placed and executed through InstantBroker.

5. As a condition of being approved to use InstantBroker, I represent and agree that the following statements are and will continue to be true for so long as I receive these electronic services:

(a) I will not use any information or market data provided by a national securities exchange or association in connection with any professional or commercial activities, and I agree to notify you if I intend to do so and to pay any additional charges in connection therewith.

(b) I am not a securities broker-dealer, investment advisor, futures commission merchant, commodities introducing broker, or commodity trading advisor, member of a securities exchange or association or futures contract market, or an owner, partner or associated person of any of the foregoing.

(c) I am not employed by a bank or insurance company or an affiliate of either to perform functions related to securities or commodity futures trading activity.

6. I understand that all the terms and conditions of my Fidelity brokerage account customer agreements including margin and options agreements, if applicable, and any applicable prospectus control the operation of my account and those terms and conditions are incorporated herein by reference. I understand that trading in my account is subject to Fidelity’s trading policies and limitations which are in effect and subject to change from time to time.

7. I agree to be liable for any and all fees, charges or expenses that Fidelity may charge or I may incur in connection with the use of InstantBroker by me or any other person through use of my security codes, equipment, or otherwise. All commissions and payments due Fidelity shall be made directly in accordance with its policies. I understand that the rates, fees, billing and terms governing services provided by outside vendors may be determined by the vendor. I understand and acknowledge that Fidelity is not delivering paging services and that I am responsible for maintaining a paging services contract with a paging services vendor.

8. I expressly acknowledge and agree that my request for and the use and storage of any information, including without limitation, portfolio information, transaction activity, account balances, quotes, service preferences, order entry capability and any other information, available through the use of InstantBroker is at my sole risk and responsibility.

INSTANTBROKER MAY CONTAIN TECHNICAL AND OTHER ERRORS AND LIMITATIONS AND IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FIDELITY CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, SECURITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCT AND ALL INFORMATION MADE AVAILABLE THROUGH THE PRODUCT. THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE PRODUCT, INCLUDING THE RECEIPT OF QUOTES AND THE ENTRY AND TIMING OF EXECUTION OF ORDERS TO SELL AND BUY SECURITIES, IS ASSUMED BY ME. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO ME. I MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL FIDELITY OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF INSTANTBROKER BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS ARISING OUT THE USE, RESULTS OF USE, OR INABILITY TO USE THE PRODUCT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMIT MAY NOT APPLY TO ME.

9. I agree that Fidelity may discontinue InstantBroker in whole or in part, at any time, and that Fidelity may modify, change or limit the terms of it, in whole or in party, at any time and from time to time. I agree that Fidelity may immediately terminate its services if I breach this Agreement of if I have jeopardized the proper and efficient operation of its services. Any unauthorized use of InstantBroker, whatsoever, shall result in automatic termination of this Agreement.

10. I understand that each participating national securities exchange or association asserts a proprietary interest in all of the market data it furnishes to the parties that disseminate the data. I also understand that Fidelity, participating national securities exchanges or associations and suppliers of market data do not guarantee the timeliness, sequence, accuracy, or completeness of market data or any other market information, or messages disseminated by any party. No disseminating party shall be liable in any way, and I agree to indemnify and hold harmless such party, for (a) any inaccuracy, error, or delay in, or omission of, (i) any such data, information or message, or (ii) the transmission or delivery of any such data, information, or message, and (b) any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay, or omission, (ii) nonperformance, or (iii) interruption of any such data, information, or message, due either to any negligent act or omission by any disseminating party or to any "force majeure" (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, or power failure, equipment or software malfunction) or any other cause beyond the reasonable control of any disseminating party. I understand that the terms of this Agreement may be enforced directly against me by the national securities exchanges and associations providing market data to me.

11. I agree that Fidelity shall not be under a duty to inquire as to the authority or propriety of any instructions given to Fidelity by me, and shall be entitled to act upon any such instructions; and Fidelity will not be liable for any loss, cost, expense or other liability arising out of any instructions.

12. I recognize that my use of InstantBroker may involve the transmission to me of information that may be considered personal financial information, including but not limited to the identity and number of shares that I hold and/or trade and the net dollar price for the shares. I acknowledge that Fidelity cannot assure the security or privacy of electronic transmission of such information. Accordingly, I must assess whether the use of InstantBroker is adequately secure to meet my particular needs. I consent to the transmission by electronic means of such information through InstantBroker; such consent shall be effective at all times that I use InstantBroker. For one-way paging and certain two-way messaging, although the messages sent have been found to be reasonably secure, Fidelity will not request personalized security codes nor utilize encryption. Fidelity will not be responsible for any loses resulting from unauthorized transactions if it follows reasonable security procedures designed to verify the identity of the investor. For order entry via a two-way pager or the Palm VII organizer, Fidelity will request personalized security codes or other information, and encryption will be utilized. I understand that my use of a two-way wireless service may allow others to identify my geographical location.

13. I understand and agree that the information provided by InstantBroker is for information purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy (or an indication of interest), or a recommendation for any security by Fidelity. I acknowledge that my requests for information are unsolicited and shall neither constitute nor be construed as investment advice by Fidelity to me. I agree not to rely solely on the information received via InstantBroker in making my investment decisions. Fidelity does not guarantee the suitability or potential value of any particular investment or information source. Past security performance is not an indication of future performance.

14. This Agreement will be construed under the laws of Massachusetts, except with respect to conflicts of law. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements. If any provision shall be deemed unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. All notices shall be in writing and shall be made by U.S. mail. Fidelity may broadcast notices or messages through InstantBroker to inform me of changes to Fidelity, InstantBroker or the terms and conditions of InstantBroker. Such broadcasts shall constitute notice to me. I shall not assign, sublicense or transfer any of my rights hereunder without prior written approval from Fidelity.


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