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<br />5. ACCURACY OF INFORMA TIONIWARRANTY <br /> <br />a. The Licensor is furnishing the Licensed Digital Orthophotos on an "as is" basis without <br />any support whatsoever and without any representation or warranty, including, but not in any manner <br />limited to, fitness, merchantability, and completeness. <br /> <br />b. The Licensee agrees that the Licensor shall have no liability, contingent or otherwise, <br />for the accuracy. completeness, or correctness of the Licensed Digital Orthophotos or for any <br />decision made or action taken by the licensee or anyone using the information from the Licensee <br />and acts in reliance upon the Licensed Digital Orthophotos. <br /> <br />c. There is no warranty of merchantability, no warranty of fitness for a particular use, and <br />no warranty of any kind, express or implied, regarding the accuracy or reliability of the information <br />contained in the Licensed Digital Orthophotos. <br /> <br />6. INDEMNIFICATION <br /> <br />The Licensee shall defend, indemnify and save the Licensor harmless from any liability. <br />claims, damages, judgments. costs (including reasonable attorney fees), demands or actions arising, <br />directly or indirectly, related to obtaining. use, and/or possession and utilization of the Licensed <br />Digital Orthophotos provided herein; and from all loss or liability by reason of failure of the Licensee, <br />in any respect, to perform fully or observe all obligations under this license Agreement. <br /> <br />7. ENTIRE AGREEMENT <br /> <br />It is understood and agreed that the entire agreement of the parties is contained herein and <br />that this license Agreement supersedes all oral agreements and all negotiations between the parties <br />relating to the subject matter thereof, as well as any previous agreement presently in effect between <br />the parties relating to the subject matter thereof. Any alterations, variations or modifications of the <br />provisions of this License Agreement shall be valid only when they have been reduced to writing and <br />duly signed by the parties herein. <br /> <br />By signing this agreement and accepting the Licensed Digital Orthophotos, licensee agrees <br />to abide by and limit the use of the licensed Digital Orthophotos pursuant to the terms of this <br />License. <br /> <br />- 2- <br /> <br />~9 <br />