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First Research, Inc. License Agreement

READ THIS AGREEMENT CAREFULLY BEFORE USING OR OTHERWISE ACCESSING OR MANIPULATING THIS SERVICE AND THE ASSOCIATED SERVICE CONTENT (INCLUDING INDUSTRY PROFILES). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, OR OTHERWISE ACCESSING OR MANIPULATING THE SERVICE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "EXIT" BUTTON AND DISCONTINUE USE OF THE SERVICE IMMEDIATELY.

Your use is subject to the following terms and conditions:

The Industry Profile and all other software, content, database(s) and other features available on this Internet service site represent the service subscription (collectively the "Service") for the First Research, Inc. Industry Profiles products. The Service and associated documentation for the Service (the "Documentation") are proprietary products of First Research, Inc. ("First Research"), except insofar as they contain data and software which are proprietary products of third parties ("Third Party Suppliers") who have made their data and software available under license to First Research, all of which proprietary services are protected by applicable copyright laws. First Research and the Third Party Suppliers retain ownership of the copyright to their materials and to this copy of the Service and the Documentation, as their respective interests may appear. The Service, Documentation and any associated materials are licensed (not sold) to you for use under the following terms and conditions:

Under the terms of this license, you may not:

Distribute the Industry Profile or other First Research documentation electronically or by physical means to more than three (3) persons.

Infringe any copyright or other proprietary interest of First Research, or any Third Party Supplier or any other party;

Distribute, rent, sublicense, lease, sell, transfer or assign the Service, the Subscription or the Documentation or this agreement;

You agree that a supplier of any portion of the Service may enforce any right it may have which is violated by your breach of any of these restrictions or other provisions of this agreement.

This license and your right to use the Service automatically terminate if you fail to comply with any provision of this agreement. Upon termination of this license agreement or earlier expiration of the Subscription you agree not to access or use the Service in any matter whatsoever.

LIMITED WARRANTY

First Research warrants that the Service will substantially conform to the published specifications of the Service and to the Documentation, provided that it is used on the computer hardware and with the operating system for which it was designed.

THIS IS YOUR SOLE REMEDIES FOR ANY BREACH OF WARRANTY.

EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE SERVICE AND DOCUMENTATION ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. FIRST RESEARCH, AND THE THIRD PARTY SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE SUBSCRIPTION, THE DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN ANY DATA OR SOFTWARE CONTAINED IN THE SERVICE OR DOCUMENTATION. FURTHER, NEITHER FIRST RESEARCH OR ANY OF THE THIRD PARTY SUPPLIERS WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE OR THE DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE OR SOFTWARE IS ASSUMED BY YOU AND SUCH ARE PRICED ACCORDINGLY. THE OPINIONS EXPRESSED BY THE AUTHORS OF THE DATA CONTAINED IN THE SERVICE ARE THEIR OWN AND NOT NECESSARILY THOSE OF FIRST RESEARCH OR THE THIRD PARTY SUPPLIERS. THE APPEARANCE OR ABSENCE OF A SERVICE OR COMPANY PROFILE IN THE SERVICE SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OR NON-ENDORSEMENT OF A SPECIFIC SERVICE OR COMPANY. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO FIRST RESEARCH DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY.

LIMITED LIABILITY

IN NO EVENT WILL FIRST RESEARCH OR THE THIRD PARTY SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, NEITHER FIRST RESEARCH OR ANY OF THE THIRD PARTY SUPPLIERS ARE RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE SERVICE, LOSS OF DATA, THE COSTS OF RECOVERING SOFTWARE OR DATA, THE COST OF SUBSTITUTE SOFTWARE OR DATA, CLAIMS BY THIRD PARTIES, OR FOR OTHER SIMILAR COSTS. IN NO CASE SHALL THE LIABILITY OF FIRST RESEARCH, AND THE THIRD PARTY SUPPLIERS UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE LICENSE FEE RECEIVED BY FIRST RESEARCH FOR THE SERVICE.

GENERAL

Some states do not allow the exclusion or limitation of implied Warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. First Research the Third Party Suppliers retain all rights not expressly granted. Nothing in this license constitutes a waiver of the rights of First Research or the Third Party Suppliers under applicable copyright or other Federal or State Law.

This agreement, including the Limited Warranty, the Limited Liability and the disclaimer of liability contained therein shall be governed by the laws of the State of North Carolina.

COPYRIGHT NOTICE FOR CONTENT PROVIDED BY FIRST RESEARCH, INC.

Copyright, First Research, Inc., [2006] All Rights Reserved. Use, duplication, or sale of this service, or data contained herein, except as authorized in advance in writing from First Research, Inc., is strictly prohibited. Violators may be prosecuted.

FIRST RESEARCH, INC. WARRANTS THAT THE USAGES OF INDUSTRY PROFILES IS LIMITED TO PERFORMING A GUIDELINE VALUATION INQUIRY AND SHOULD NOT BE CONSTRUED AS A REPLACEMENT FOR A COMPLETE, COMPREHENSIVE VALUATION CONDUCTED BY A QUALIFIED PROFESSIONAL.THE LIMITED LIABILITY SECTION ABOVE IS APPLICABLE TO ALL SERVICES OFFERED BY FIRST RESEARCH.

FIRST RESEARCH, INC. AND ANY OF THE VARIOUS DATA PROVIDERS WHOSE MATERIAL MAY BE FOUND IN FIRST RESEARCH PRODUCTS MAKE NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED. YOU SHOULD ALSO NOTE THAT THERE IS A DELAY BETWEEN THE PREPARATION OF THE ONLINE DATA AND ITS INCLUSION FIRST RESEARCH PRODUCTS, AND THEREFORE, THE INFORMATION MAY NOT BE UP-TO-DATE. THE FIRST RESEARCH, INC. PRODUCTS AND ANY PARTS THEREOF MAY NOT BE REPRODUCED IN HARDCOPY MACHINE-READABLE, OR ANY OTHER FORM WITHOUT PRIOR WRITTEN AUTHORIZATION FROM FIRST RESEARCH, INC. AND/OR THE RESPECTIVE DATA PROVIDERS.

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