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5 <br /> Orange County, NC <br /> New World Mapping Terms And Conditions <br /> WARRANTY <br /> Consulting services provided by NWM shall follow practices consistent with the professional and <br /> technical standards in the industry. NWM's liability for failure to meet these standards shall be <br /> governed by the Limitation of Liability clause below. Purchaser understands and agrees that the <br /> services herein provided under the terms of this Agreement are provided "as is"without warranty of any <br /> kind or nature, express or implied, including, but not limited to, the implied warranties of fitness for a <br /> particular purpose, or merchantability. Purchaser shall be solely responsible for the use, <br /> implementation and/or modification of the services and/or custom software provided by NWM, in whole <br /> or in part, and NWM shall have no liability thereof. <br /> LIMITATIONS OF LIABILITY <br /> In no event shall NWM be liable to Purchaser for any indirect, special, consequential, exemplary, or <br /> incidental damages or lost profits arising out of or related to this Agreement, even if it has been advised <br /> of the possibility of such damages. NWM's liability for direct damages shall in no event exceed the <br /> amount actually paid by the Purchaser for the portion of the professional services involved. <br /> NONHIRE OF CONTRACTOR PERSONNEL <br /> It is hereby mutually agreed that Client will not solicit for hire, any employee(s) of NWM's technical <br /> staff, who are associated with efforts called for under this effort, for a period of one (1)year thereafter. <br /> In the event the foregoing provision is breached, liquidated damages equal to twelve (12) months of the <br /> employee's compensation plus any legal expenses associated with the enforcement of this provision <br /> shall be paid by the Purchaser to NWM. <br /> CUSTOM PROGRAMMING <br /> NWM reserves the right to use for any purpose any programming methods, skills, and techniques <br /> acquired or used by NWM in the performance of the services. There shall be no restraint, to NWM, its <br /> employees, agents, or subcontractors in the use of the techniques and skills of computer programming <br /> and design which may be acquired in the course of performance of this Agreement Purchaser shall not <br /> have any rights in NWM proprietary techniques in which the Purchaser's programs may be written. <br /> The Purchaser may modify, add to or customize the applications provided and may claim copyright in <br /> all such changes and/or additions made by Purchaser. <br /> UCC INAPPLICABILITY <br /> Services and/or custom programs provided under this Agreement will not be governed by the Uniform <br /> Commercial Code (UCC)and will not be deemed"goods"within the definition of the Uniform <br /> Commercial Code. <br /> ACKNOWLEDGMENT <br /> The undersigned hereby acknowledges receipt and acceptance of the above stated terms and <br /> conditions. <br /> By_ Date: <br /> Print Name: <br /> Organization: <br /> Address: <br />