Account Agreement

Do not use this web-based software application (Project Portal) until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the software from de maximis Data Management Solutions, Inc. (ddms) to you (“you” or “Licensor”), and using the software indicates that you have read and understand this Agreement and accept the terms and conditions contained herin. If you do not agree with the terms and conditions of this Agreement, promptly notify ddms and your account will be deactivated.

This program is protected under United States copyright laws and Tennessee trade secret laws.

Account Grant

When you receive a Project Portal user account from an authorized Project Portal administrator, you are granted a limited non-exclusive license to use a copy of the Software. You are prohibited to give copies of your user account to another person. If you are not the intended recipient of the user account, you may not copy the printed materials if any, accompanying the Software, or print copies of any user documentation. The Software also contains proprietary information and the trade secrets of ddms and third parties, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the software to human-perceivable form or disclose such trade secrets or proprietary information. You may not modify, adapt, translate, rent sublicense, assign, loan, resell for profit, distribute, or network the software, disks(s), or related materials or create derivative works based upon the Software or any part thereof. ddms shall have the right to change or add to the terms of the license at any time and to change, discontinue or impose conditions on any aspect of the Software. Such changes shall be effective upon notification by any means reasonable to give you actual or constructive notice.

Disclaimer of Warranties

EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE, CONTENT, AND/OR ANY RELATED SERVICES ARE PROVIDED “AS-IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DDMS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIAPTING FINANCIAL INSTIUTUTIONS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS (“REPRESENTATIVES”) DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEB-BASED SOFTWARE APPLICATION, RELATED MATERIALS AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. DDMS DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, INCLUDING BUT NOT LIMITED TO ACCURACY OF THIRD-PARTY CONTENT.

ddms obtains data from sources including the client, property owner, former reports, and private, municipal, state and federal agencies which is thereby provided to approved users via THE SOFTWARE. Unless otherwise specified in writing, verification of the authenticity or accuracy of this information is not warranted by ddms. The information contained and provided via the SOFTWARE must only be utilized by the intended and approved client or recipient and any other use is strictly prohibited.

Limitation of Liability and Damages

THE ENTIRE LIABILITY OF DDMS FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE LICENSED FROM DDMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DDMS AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.