USER TERMS :

The user (Lessee) of this system agrees to the following terms and conditions:

Access to this system is being provided to the user (Lessee) under an established lease contract (agreement) with Landmax Data Systems, Inc. (Lessor), either individually or by a parent company.

1. TERMS OF LEASE:

This lease term will remain effective for the 12 months as specified herein unless terminated as provided below. Lease year begins from the date this agreement is executed below, or from the date invoiced, whichever falls prior in the calendar year. The Leased data and/or equipment shall remain the property of Landmax Data Systems, Inc., (Lessor), at all times unless otherwise specified in writing by the Lessor.

2. SITE LICENSE:

Use of the leased online system (LANDMAX), paper tax map atlases, or CD/DVD-rom tax maps, is restricted to the users determined to be associated with the individual ‘office’. Said office to be the physical location documented on the LESSEE address of this agreement. Any additional office location(s) must enter into a separate agreement. The Lessee will be entitled to 5 licensed users per office under this agreement. Lessor reserves the option to establish an additional charge if additional users are added. Lessee agrees to provide Lessor the list of office users.

All individuals provided access to any products or information under this agreement shall be deemed ‘users’ and are considered part of the Lessee’s entity and are subject to the terms and conditions of this agreement.

3. RENEWAL OF THE LEASE:

This lease will automatically renew from the current lease year to the next lease year unless terminated as provided below.

4. DATA UPDATES:

The Lessor will in good faith endeavor to deliver updates to the comprehensive assessment and tax map data maintained and collected from the various assessing units approximately every 12 months and append updated sales data at least 6 times in 12 months. Lessee understands tax map data for certain counties may not be updated annually, but at least within 3 years from the last edition. However, due to variations in the updating schedule of the assessing units maintaining the public records and their availability, the delivery of updates may vary.

5. RETURN OF LEASED DATA:

Immediately upon delivery of new editions or termination of this lease as provided below, the Lessee shall return all data and equipment leased for the previous edition year to the Lessor or his agent unless otherwise specified in writing, unless previously agreed upon otherwise. If the Lessee fails to return all leased data, then title to said data shall immediately be vested in the Lessee and the Lessee shall be indebted to the Lessor for an amount equal to the full rental price of the current edition. The amount indebted shall immediately be due the Lessor as the purchase price for the previous year’s edition, together with any liability resulting from the current year’s edition or otherwise.

6. PRICE:

Prices may be subject to change at the time of the renewal of the lease. Upon a change of price Lessor shall notify the Lessee in writing of any increase/decrease and duly note the change on this lease agreement. Prices specified herein shall not be changed during the lease term.

7. FAILURE TO MAKE PAYMENTS:

If the Lessee fails to make any scheduled rental payment when due and such default continues for 30 consecutive days, the Lessor may, at its option, without waiving any other remedies available by law and without notice or demand of process of law, take immediate possession of any and all data, equipment , atlases, and CD/DVD-rom tax maps leased herein and, in connection therewith, may enter upon any premises where the leased items are located and or apt to be located and remove said items, all without liability to the Lessor for trespass of otherwise by reason or such entry or removal. Any product providing online access by Lessor may be discontinued.

In the event of default, Lessee hereby waives any and all right to a judicial hearing prior to the removal of leased items as set forth above.

In addition, upon default for nonpayment or any other breach of this agreement, all lease payments for the current edition shall be accelerated and all due and payable to the Lessor.

Failure to make payment shall also, at the option of the Lessor, result in termination of this lease.

Lessee agrees and consents that lessee and any disputes arising under this lease shall be subject to the venue and jurisdiction of the City Court of the City of Rochester.

If any litigation is required to collect unpaid monies owed Lessor pursuant to this agreement, Lessee agrees to pay all reasonable attorneys’ fees and disbursements so incurred.

8. LATE PAYMENTS:

Should the Lessee be delinquent in any scheduled payments, the entire outstanding balance is immediately due and payable to the Lessor upon written notice to Lessee. All payments pertaining to a payment plan as specified herein are due on the first day of each month or as scheduled.

9. TERMINATION OF THE LEASE:

If the Lessee wishes to terminate this lease, Lessee must give written notice to the Lessor 30 days prior to the end of the lease term which notice shall include facsimile or email.

No credit or refund shall be made to the Lessee for any unused portion of the lease term.

Upon termination, the Lessee hereby agrees to surrender any and all leased data and/or equipment as provided under condition number 5 herein.

10. ASSIGNMENT AND COPIES:

The Lessee may not assign this agreement without the written consent of the Lessor.

Lessee may not compete directly or indirectly, with Lessor in the selling or leasing of similar property data during the term of this lease or for 2 years after the expiration or termination of this lease.

All data, information, and product provided under this agreement is copyrighted by Landmax Data Systems, Inc. (Lessor) and cannot be copied or reproduced without the written consent of Lessor.

11. ACCURACY OF DATA:

In that all data used to create the product and information provided in this lease is obtained from public records, Lessee agrees that Lessor will not be held responsible for any errors or omissions, or any consequences arising from the use thereof.

12. CHANGES IN THIS AGREEMENT:

This lease agreement contains the entire agreement between the parties pertaining to the leased data and/or equipment and any representation, promise or condition, written or verbal, not incorporated herein shall not be binding on either party. No modifications to the printed provisions of this agreement shall be effective unless approved in writing by a duly authorized officer or agent of the Lessor.