Terms of Sale

(Posted and effective as of September 2006)

PURPOSE AND SCOPE

The terms and conditions of these sales terms (hereinafter "Sales Terms") shall be applied to any and all purchases of Products made by an individual person representing a legal entity ("You") from this Site maintained and operated by Sensinode Ltd. These Sales Terms and the information You provide during the ordering process in the Site constitute a legally binding agreement between You and Sensinode.

In the event You desire to order products as a consumer, please contact Sensinode Ltd by e-mail or telephone.

DEFINITIONS

"Sensinode" means Sensinode Ltd (Finnish Business ID 2007733-9) a privately owned Finnish corporation duly registered in Oulu, Finland having its registered office at address: Hallituskatu 13-17 D, Fin-90100 Oulu, Finland.

"Site" means the world wide web pages of Sensinode Ltd at the URL/domain name sensinode.com.

"You" means a private person using this Site on behalf of a legal entity which he/she is empowered to repre-sent and representing; irrespective of whether purchasing Products or not.

"Parties" means Sensinode and You together.

"Sales Terms" means these Sensinode Sales Terms.

"Products" means products that Sensinode offers for sale under this Site. The Product may contain certain computer software, which will be licensed to You subject to these Sales Terms and terms and conditions of the applicable license terms.

"User Account" means the user account granted to You by Sensinode when You have registered to the user of the Site in the section "My Account".

GENERAL

You hereby acknowledge and agree that You have a valid right to use the User Account and that You have provided accurate and complete information inquired. In order for Sensinode to process Your order, You should give relevant contact information for the delivery and billing of the Products.

Any price quotations provided by Sensinode on this Site shall be valid for the period stated on the Site. If no period is stated, then the price charged for an order will be the price in effect on the day Sensinode accepts the order. Any and all prices are exclusive of any value added tax (VAT) or other corresponding indirect taxes, which shall be payable by You in accordance with the local legislation, unless otherwise agreed be-tween the Parties. For more information of VAT, see Clause "Payment and Billing".

After approving to these Terms of Sale and filling in an order form as defined in Legal Notice of the Site and in other user instruction submitted to the Site, You shall confirm and submit Your order. In the event You need to correct any information given by You during the ordering process, You may make corrections needed, before You confirm and submit Your order. By submitting an order to Sensinode You submit an order for the Product on the terms provided herein which shall be accepted or rejected by Sensinode at it´s own discretion. Sensinode will provide You with an acceptance of order by e-mail stating the relevant infor-mation of the order, including but not limited to the list of ordered Products, Price of the ordered Products and the delivery address. After Sensinode has sent You such a confirmation a legally binding agreement is deemed to be constituted.

PAYMENT AND BILLING OF PRODUCTS

Payments shall be made by credit card. The acceptable credit cards are specified on the Site. Sensinode offers the customers located in the EU area a possibility to pay orders also by bank transfer. In any such case You must provide the required information (e.g. IBAN + SWIFT numbers) during the ordering process. Shipment is made after the payment of Products has been received by Sensinode.

We offer also billing to the Government of Finland as well as to companies having their registered offices in Finland, Finnish Business ID and VAT number. In any such an event the payment term is 14 days from the order.

Any payment is not assignable or refundable, unless otherwise stated in the Sales Terms.

When paying by credit card You agree to ensure that the credit card You use is valid at the time of the transaction, that You are the rightful holder of the credit card and that the credit card is used within its card limits.

Any credit card payments are subject to the approval of the financial institution issuing Your credit card, and Sensinode is entitled to process inquiries for approval and for other related credit status information with appropriate financial institutions and other credit agencies. Sensinode shall not be liable in any way if such financial institution or credit agency refuses to accept or honor the credit card for any reason.

By submitting an order You consent to as informed on the Site that a) the information may be sent electronically to servers and be processed outside of European Union and outside the country where You originally entered the information, including but not limited to the United States, and b) that Your information may be used by financial institutions and other credit agencies to process other inquiries for approval and for other credit status information related to other transactions submitted by You. This procedure is performed by us-ing encryption in transmission.

The Product prices shall be identified on the Site at the time of the placement of Your order. Prices exclude applicable taxes and other possible costs. Sensinode is entitled to add any applicable taxes to the prices according to the applicable legislation. Generally this means, for example, that: (i) in the event You are a Finnish private person or a Finnish legal entity, the VAT shall be added to the prices by Sensinode; (ii) in the event You are a legal entity from any country of the European Union (EU) and You provide us with your VAT registration number, the VAT is not added by Sensinode but You are liable to pay VAT according to the ap-plicable legislation; (iii) in the event You are from any of the EU countries and you do not provide us with your VAT registration number, Sensinode shall add the applicable VAT to the prices; (iv) in the event You are from a non-EU country, VAT or corresponding taxes shall be paid by You. You shall carry any and all of Your own costs including but not limited to telecommunication expenses as well as possible customs and other payments whatsoever and Sensinode takes no responsibility for the payment of such fees. Sensinode is entitled but not obliged to take a reasonable insurance to the Products to cover the possible damages or loss of Products during mailing or shipping.

Sensinode may change Product prices at any time without notice, unless otherwise notified on the Site. The changes are not applied to the orders accepted by Sensinode or carried out before such a change.

DELIVERY AND ACCEPTANCE

The Products shall be delivered to You within reasonable time after Your order or within the time limit granted during the ordering process (if any). The delivery shall be carried out by mailing or other means as You define during the ordering process. The delivery term is DDU, Incoterms 2000.

Sensinode reserves the right to postpone the delivery without any liability in case the delay is due to any cause beyond Sensinode`s reasonable control. In the event of such delay, Sensinode shall inform You via e-mail as soon as it is possible.

You are obligated to inform Sensinode of any defects or errors in Products as well as any defects caused during the shipment within 14 days from the receipt of the Products.

RISK AND TITLE

Risk of damage to or loss of the Products shall pass to You when Sensinode has delivered the Products to the address provided by You. The title to the Products (excluding any intellectual property rights) shall pass to You when Sensinode has delivered the Products to the address provided by You and a valid payment of the Products has been carried out by You.

LIMITED WARRANTY

All the Products are sold "as is". You may, at Your cost, return the Product to Sensinode within 14 days from receiving of the Product in case the Product is damaged during mailing or shipping or the Product does not operate at the time of receiving of the Product. In the event the Products are defective as described above, You should, however, contact Sensinode prior to returning any Products.

In the event the delivery contains certain software products, the warranty granted by the licensor is in accor-dance with the applicable license agreement and all other warranties are hereby excluded.

Complaints of defects shall be made by You by e-mail specifying the kind and extent of defects, within afore-said 14 days after receiving the Product. After expiration of the said period, the Product shall be deemed to have been received in proper condition. In case the delivered Product is defective, Sensinode may at its discretion either (a) repair the Product or (b) deliver You a replacing Product or in the event neither (a) nor (b) are possible, in any such event return You the Puchase price.

In no event Sensinode shall have any liability regarding the fitness of the products for Your intended pur-pose, nor shall carry any liability for defects based on the fact that the Product has been attached to or made a part of another product.

PRODUCT LIABILITY

Sensinode's liability under the Product Liability Act for any damage to property suffered by You as entrepre-neur as well as any product liability claims raised under any other statutory provisions shall be excluded to the extent as being legally admissible. In the event that You should resell the products to another entrepre-neur, You shall undertake to also require from such other entrepreneur a similar waiver and to oblige such other entrepreneur to demand in turn such waiver in the event of a further resale. If You fail to demand such waiver, You shall fully indemnify and hold harmless Sensinode in this respect from and against any legal action and reimburse to Sensinode all expenses incurred in connection with the liability irrespective of negli-gence.

INTELLECTUAL PROPERTY ISSUES

All intellectual property rights to the Products and software contained thereof are and shall remain sole prop-erty of Sensinode and its suppliers. Unless otherwise defined in the software license terms of the software, any rights granted to You are limited to limited right to use the software as a part of the Product you pur-chased from Sensinode and any other rights are hereby excluded to the permitted by applicable copyright legislation.

You hereby acknowledge and agree that some of the software products delivered or made available by Sensinode are licensed under GNU GPL or other open source licenses. Open source software must be han-dled in accordance with then current and applicable license terms. You hereby undertake to bear a risk relat-ing to the choice of license type of software You order. In the event You desire to avoid open source licensed software, You must order commercial versions of the software products, which can be licensed from Sen-sinode.

You shall notify Sensinode in writing, promptly and in detail, of any claims raised by third parties having suf-fered damage caused by products of the Sensinode. Again, in the event of resale to another entrepreneur, You shall pass on this obligation to Your client. The same shall apply to your obligation to report to Sensi-node any product defects as defined under the Product Liability Act.

LIMITATION OF LIABILITY

Sensinode`s liability shall be limited as follows: a) Sensinode is not liable to You or any third party in any way for loss of credit card. Sensinode takes no liability for any unauthorized use of credit card.; b) Sensinode is not liable for the non-availability of this Site caused by transmission problems. Sensinode assumes no liabil-ity of any delay, data loss or damage during the transmission from this Site to You.

IN NO EVENT SHALL SENSINODE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTIAL OR CONSEQUENTAIL DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, BUSINESS OR DATA, LOST PROFITS OR LOSS OF USE OR OTHER EQUIPMENT OR GOODWILL. THE OVERALL LIABILITY OF SENSINODE FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE PUR-CHASE OF THE PRODUCT SHALL NOT EXCEED THE PRICE OF THE PRODUCTS DELIVERED. IRRE-SPECTIVELY OF THE VALUE OF AN INDIVIDUAL PURCHASE THE OVERALL LIABILITY OF SENSINODE NEVER EXCEEDS 500 €.

SUPPORT AND ADDITIONAL INFORMATION

Sensinode may provide support for the Products as deemed reasonable by Sensinode. Engineering support is included for a limited time with some products, and can be purchased seperately. The Information of the available support is located at www.sensinode.com . In issues concerning technical matters or any other issues concerning Products or Purchase You may contact Sensinode via e-mail, address: sales (at) sensinode.com

FORCE MAJEURE

Relative the operation of this Site and access to it as well as all deliveries of the Products, neither Party shall be liable for loss or damage caused by any delay or failure to perform its obligations under these terms and conditions caused by strikes, lockouts, riots, war, terrorist attacks, fire, natural disasters, accidents, short-ages of materials, governmental restrictions or denial of import or export licences, or compliance with any law, regulation or order, or due to any other circumstances or causes that have the effect of frustrating per-formance of these terms and conditions, or any other cause beyond a Party`s reasonable control ("Force Majeure"), as applicable.

Sensinode is not liable if it is unable to perform any of its obligations as contained in these Sales Terms of Use due, directly or indirectly, to loss or corruption of data, failure of any machine, system of authorization, data processing or communication system or transmission link.

EXPORT CONTROLS

You shall adhere to any relevant export control laws and regulations (including, but not limited to the U.S. export control laws and regulations) and shall not export or re-export any information or products received from Sensinode or the direct product of information to any prescribed country unless properly authorised by the relevant Government and Sensinode.

MISCELLANEOUS

Sensinode is entitled to change or discontinue the provision of Products at any time at its own discretion. In such event Sensinode shall deliver any existing open accepted orders on the terms stated on the accep-tance of the Order and which has been valid on the date of a certain accepted order. Sensinode may change, modify or withdraw access to, or the content of, this Site at any time, either or without prior notice and without creating liability for Sensinode. Sensinode may change these Sales Terms without prior notice.

Except as otherwise agreed, all notice and communication with You relating to this Site and its use shall be provided by e-mail to the e-mail address provided by You on the on-line order from and to Sensinode in ad-dress specified on the Site. Notice shall be deemed to have been provided within 24 hours after the e-mail is transmitted by Sensinode.

Any notice given to Sensinode shall be delivered by e-mail to the following address: sales (at) sensinode.com. This agreement, any order and any communication between You and Sensinode shall be given in the English language.

If any provision or part of any provision of these Sales Terms is invalidated by operation of law or otherwise, the provision or part of it shall be enforced to the extent permitted by applicable law and otherwise be deemed omitted and the rest of these Sales Terms will remain in full force and effect.

Sensinode´s failure to insist on performance of any of these Sales Terms, or failure to exercise any of Sensi-node`s rights hereunder, shall not constitute a waiver of any of Sensinode`s rights or remedies under this Agreement.

Headings are used for the purpose of references only and shall not affect the interpretation of this agreement.

These Sales Terms and Legal notice and other information posted on this Site constitute Your and Sensi-node`s complete and final statement of the Parties` agreements and understandings relating to the subject matter of these Sales Terms.

All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules and in accordance with the laws of Finland. The arbitration shall be held in Helsinki, Finland. The language used in arbitration, including the language of the proceedings, the language of the decision and the reasoning, shall be English. Irrespective to the aforesaid, Sensinode has a right to claim the unpaid purchase price in the district court of Your domicile.