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PINK OTC MARKETS INC.
PROGRAM LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS BEFORE INSTALLING OR USING THE PROGRAMS.

PINK OTC MARKETS INC. WILL ONLY LICENSE THE PROGRAMS TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT BY INSTALLING OR USING THE PROGRAMS.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE PROGRAMS.

These license terms apply to Your installation and use of the Programs, which Programs include confidential and copyrighted materials and Programs (collectively referred to as "Programs") of PINK OTC MARKETS and Our Licensors. This license is granted to You by PINK OTC MARKETS. Upon your acceptance of this Program License Agreement, PINK OTC MARKETS grants to you a nonexclusive license to use the Programs, provided that you agree to the following:

  1. License. The Programs are licensed and not sold. Title to the Programs and to the patent, copyright, trade secret and other interests therein, does not pass to You. You obtain no rights other than those granted to You under this Program License Agreement. The term "Programs" means the original (including any revisions, enhancements, updates, or the like) of the Programs' code and related documentation and materials in whatever form supplied, the original and all whole or partial copies thereof, including modified copies or portions merged into other Programs.

    The Programs are intended only for use by licensees of PINK OTC MARKETS, may only be used conjunction with access to PINK OTC MARKETS data, facilities and services, may only be used on one machine at any one time, may only be used in the ordinary course of obtaining from and/or providing to PINK OTC MARKETS quotations and other information from/to the offices from/to which such data and services are delivered or in which such facilities are located, and not for any other purpose or use. You may not reverse assemble, reverse compile or otherwise seek to discover or discern the workings or code of the Programs, without the prior written consent of PINK OTC MARKETS. You may not sublicense, rent, lease, or assign the Programs.

  2. Disclaimer of Warranty and Limitation of Liability. THE PROGRAMS AND ANY OTHER PRODUCT WHICH PINK OTC MARKETS DIRECTLY OR INDIRECTLY PROVIDES AS PART OF ONE OR MORE PINK OTC MARKETS SERVICES ARE PROVIDED "AS IS." EXCEPT AS SPECIFICALLY SET FORTH IN THIS PROGRAM LICENSE AGREEMENT, NEITHER PINK OTC MARKETS NOR ANY OF ITS LICENSORS MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT RELATING TO (1) THE PROGRAMS, DATA, SERVICES, AND/OR RELATED PRODUCTS THAT PINK SHEETS OR OUR LICENSORS DIRECTLY OR INDIRECTLY PROVIDE OR (2) THE PROGRAMS, DATA, SERVICES, AND/OR RELATED PRODUCTS OF ANY OTHER SERVICE PROVIDER. ALL SUCH WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED. WITHOUT LIMITATION, NO WARRANTY IS GIVEN THAT THE PROGRAMS OR PRODUCTS ARE ERROR-FREE. YOU EXPRESSLY ASSUME ALL RISKS FROM USING THE PROGRAMS, DATA, SERVICES, AND/OR RELATED PRODUCTS THAT PINK OTC MARKETS OR OUR LICENSORS DIRECTLY OR INDIRECTLY PROVIDE.

    PINK OTC MARKETS, FOR ITSELF, OUR LICENSORS AND ANY OTHER SERVICE PROVIDER, DISCLAIMS ANY LIABILITY OR RESPONSIBILITY ARISING FROM ANY CLAIM THAT ACCESS TO OR USE OF THE PROGRAMS, DATA, SERVICES, AND/OR PRODUCTS OF PINK OTC MARKETS, ITS LICENSORS AND ANY OTHER SERVICE PROVIDER INFRINGES ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT ARE PINK SHEETS, ITS LICENSORS, OR ANY OTHER SERVICE PROVIDER LIABLE FOR:

    (A) DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES EVEN IF ONE OR MORE OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUE, OR FAILURE TO REALIZE EXPECTED SAVINGS OR GAINS OR,

    (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PERSON.

    This Section applies to all claims irrespective of the cause of action underlying the claim, including, but not limited to breach of contract (even if in the nature of a breach of condition or a fundamental term or a fundamental breach) and tort (including but not limited to negligence or misrepresentation).

    In no event are PINK OTC MARKETS, its Licensors or any other service provider liable for any damages arising from Your failure to perform Your responsibility in connection with this Program License Agreement, or arising from any cause beyond Our control, including but not limited to delay in the performance of obligations or misuse of Your User Ids or security codes and passwords. All limitations and disclaimers stated in this Section also apply to PINK OTC MARKETS's Licensors and any other service provider as intended beneficiaries of this Program License Agreement.

  3. Your Additional Rights. You may have additional rights under certain laws (such as consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, Our exclusions or limitations may not apply to You.

  4. General. All rights and obligations in this Program License Agreement also apply to PINK OTC MARKETS's Licensors and any other service provider as intended beneficiaries of this Program License Agreement. PINK OTC MARKETS has no obligation to provide any support, maintenance, assistance, or the like with respect to the Programs, Data, Services and/or related products of PINK OTC MARKETS, its Licensors and any other service provider, but may provide some on one or more occasions without creating a continuing obligation to do so. The Programs contain code designed to send and receive messages, collect quotation, securities, User and other information (the "Information"), and permit its revision and cancellation, for use by PINK OTC MARKETS. By accepting the terms of this Program License Agreement, You consent to such collection and use by PINK OTC MARKETS of Information. You acknowledge that the Information in the Programs and PINK OTC MARKETS's Services, data bases, displays and manuals, including the selection, coordination, and arrangement of the contents thereof, are trade secrets, proprietary to PINK OTC MARKETS (or its licensors), as to which copyright and patent rights may also exist. Insofar as the Information is or may be disclosed to You and was not provided by You or your customers, You agree to keep such Information confidential and to utilize such Information solely for your own trading activities and the trading activities of customers and other persons for which You are authorized to act. You agree that all copies and expressions of such Information are the exclusive property of PINK SHEETS to be returned to PINK OTC MARKETS or destroyed upon expiration or termination of this Program License Agreement for any and all reasons whatsoever. You further agree to take or cause to be taken all reasonable precautions to maintain the secrecy and confidentiality of such Information.

  5. Miscellaneous. You are responsible for payment of any taxes, including Your personal property taxes, resulting from this Program License Agreement or Your use of the Programs. You agree to comply with all export laws and regulations. In particular, You agree that the Programs 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. 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 may only be modified in writing signed by authorized officers of PINK OTC MARKETS and You. Neither party may bring an action under this Program License Agreement more than one year after the cause of actions arose. This Program License Agreement and all Your rights and obligations are governed by the laws of the state of New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You may terminate Your license at any time. PINK OTC MARKETS may terminate Your license if You fail to comply with the terms of this Program License Agreement. In either license termination event, You must destroy all Your copies of the Programs.

I agree to the above terms.    




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