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11.0 Prourietarv Intellectual Prouerty Exclusivity and Confidentiality: The proprietary <br />Internet-based auction system, environment, and components (collectively, the "System") <br />provided by GovDeals under this Agreement are, and will remain, the exclusive property <br />of GovDeals. GovDeals retains and reserves all rights to the proprietary intellectual <br />property, including, but not limited to, all copyrights and trademarks of and to the System. <br />GovDeals is providing the Client hereunder with a license for said System solely for its <br />own use. <br />Client may not subcontract, sell, lease, transfer, assign or otherwise share said System with <br />any third party. Client acknowledges that the System constitutes the proprietary and <br />confidential property of GovDeals and agrees, to the extent allowed by law, not to directly <br />or indirectly, divulge, disclose, transfer, or communicate to any person, firm, corporation <br />or other entity, in any manner whatsoever, any of the System or <br />documentation/information provided by GovDeals. In the event of termination of this <br />Agreement, Client shall promptly return to GovDeals or at the option of GovDeals destroy, <br />all documentation/information regarding the System. <br />12.0 Warranty Disclaimer: GovDeals does not warrant error-free or uninterrupted use of the <br />GovDeals service. The GovDeals web sites, services, software and applications are <br />provided without warranty, express or implied, including, but not limited to, any implied <br />warranties for merchantability or fitness for a particular purpose. GovDeals, its directors, <br />officers, employees, agents and/or affiliates shall not be liable for any loss of profit and/or <br />any direct, indirect, special, incidental or consequential damages resulting from the services <br />offered herein. <br />13.0 Governance: This Agreement will be governed, interpreted, construed and enforced in <br />accordance with the laws of the State of North Carolina. <br />14.0 Counterparts: This Agreement maybe executed in two or more counterparts, each of <br />which after execution and delivery shall be deemed an original, but all of which shall <br />constitute one and the same instrument. <br />15.0 Non-Exclusive Engagement: This Agreement is not exclusive. The Client may utilize <br />other disposal approaches, including traditional auctioneer services and sealed bids in <br />addition to GovDeals services. However, it is understood and agreed that the Client will not <br />simultaneously utilize other disposal approaches and GovDeals while an asset is listed on a <br />GovDeals auction. <br />16.0 Entire Agreement: This Agreement represents the entire understanding between the parties <br />with respect to its subject matter. <br />GovDeals Sellers Agreement -V.4.5 - 2.25.05 <br />Page 5 <br />Copyright 2001, Go~-Deals, Inc. <br />