NCBUY APPLICATION LICENSE AGREEMENT

ACCEPTANCE: By installing or using the NCBuy Application ("Software") you are agreeing to the terms of this License Agreement ("Agreement"). Please read this Agreement carefully.

This is an Agreement between you, either individually or as a representative of your company or institution and NetCent Communications (the "Company").

YOU MAY redistribute the software freely, providing that: (a) The Software is not modified in any way; and (b) All credits and copyright notices remain intact.

YOU MAY NOT: Sublicense, sell, assign, transfer, pledge, distribute, rent or remove any proprietary notices on the Software except as expressly permitted in this Agreement.

IF YOU DO ANY OF THE FOREGOING, YOUR RIGHTS UNDER THIS LICENSE WILL AUTOMATICALLY TERMINATE. SUCH TERMINATION SHALL BE IN ADDITION TO AND NOT IN LIEU OF ANY CRIMINAL, CIVIL OR OTHER REMEDIES AVAILABLE TO THE COMPANY.

The Company does not warrant that the functions contained in the Software will meet your requirements or expectations or that the operation of the Software will be entirely error free, or appear precisely as described in the Software documentation.

DISCLAIMER OF WARRANTY AND REMEDY: EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES OR CONDITIONS (EXPRESSED OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE SOFTWARE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU, THE USER. THE COMPANY AND ITS DIRECT AND INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND BY INSTALLING THIS SOFTWARE, INDICATE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS IS THE COMPLETE AGREEMENT BETWEEN YOU AND THE COMPANY AND IT SUPERSEDES ANY OTHER INFORMATION YOU MAY HAVE RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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