This FMLS RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT will replace the Database Access and License Agreement Provisions in the original End User License Agreement agreed upon by designated broker.

FMLS RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

Use of Member Property Listing Content From FMLS Compilation

First Multiple Listing Service, Inc. ("FMLS") desires to make available to its Principal Members (as that term is defined in Section 1.11 of the FMLS Rules and Regulations) access to the FMLS computer system ("System") for the purpose of allowing that Principal Member to access the individual property listings of that Principal Member (its "Member Listings").

In consideration of FMLS providing the undersigned Principal Member with access to and use of its Member Listings as provided herein, Principal Member hereby acknowledges and agrees to the following terms and conditions:

1). Principal Member shall have the limited, non-exclusive, revocable right to access the System as authorized by FMLS solely to obtain its Member Listings from the System and to use those Member Listings solely in the form provided by FMLS for that Principal Member's own business purposes. Principal Member acknowledges and agrees that it shall not have the right to access or use any other information, including, without limitation, any listings of any other members pursuant to this Release.

2). THE SYSTEM AND MEMBER LISTINGS ARE PROVIDED TO PRINCIPAL MEMBER ON AN "AS IS" BASIS AND "WITH ALL FAULTS." FMLS MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED STATUTORY OR OTHERWISE WITH RESPECT TO ACCESS TO OR USE OF THE SYSTEM OR ANY MEMBER LISTINGS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY, OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, AND FMLS EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. FMLS MAKES NO WARRANTY OR GUARANTEE WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE MEMBER LISTINGS. FMLS DOES NOT WARRANT THAT THE SYSTEM WILL BE ERROR FREE AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SYSTEM.

3). IN NO EVENT SHALL THE FMLS PARTIES be liable for, any damages to, or viruses that may infect, PRINCIPAL MEMBER'S computer, telecommunication equipment, or other property caused by or arising from access to, use of, the SYSTEM or downloading OF, ACCESS TO, OR USE of any MEMBER LISTINGS. IN NO EVENT WILL THE FMLS PARTIES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SYSTEM OR THE MEMBER LISTINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Principal Member hereby releases and discharges and agrees not to sue FMLS, its officers, directors, employees, representatives, agents, successors and/or any assignees ("FMLS Parties") and waives any claims, liabilities or causes of action that Principal Member, its employees, representatives, agents, successors or assigns may now or in the future have for injury or damages arising from access or use of the System or any Member Listings. By executing this Release, Principal Member agrees to defend, indemnify and hold the FMLS Parties harmless from any claims, causes of action, losses, injuries or damages that any FMLS Party may incur as a result of use by Principal Member of any Member Listings that are obtained from FMLS and that is the subject of this Agreement.

4). FMLS reserves the rights to change, suspend or terminate access to the System and the Member Listings, in whole or in part, at any time. Principal Member acknowledges and agrees that its access and use of the System shall be subject to the terms and conditions provided by FMLS. FMLS shall have no obligation to support, upgrade or update the information made available on the System or to correct any errors with the System.

5). Principal Member hereby acknowledges and agrees that the FMLS real estate listings and associated information, data, content, text, images, photographs, audio, video and other content provided by FMLS are proprietary to FMLS and FMLS retains all right, title and interest in and to the foregoing. Member Listings provided to a principal member are made available to that principal member by FMLS strictly as a convenience and only for use by the individual principal member that originally entered the property listing into the FMLS System.

6). By entering into this Release, Principal Member is not relying on any oral or written representation or statements made by FMLS and/or its assignees. Principal Member further agrees that this Release shall be governed by and interpreted in accordance with the laws of the State of Georgia. If any provision, section, subsection, clause or phrase of this Release is found to be unenforceable or invalid, that portion shall be severed from this Release. The remainder of this Release will then be construed as though the unenforceable portion had never been contained in this Release.

7). This Release contains the entire agreement between the FMLS and the undersigned Principal Member concerning the subject matter hereof. Nothing in this Release is intended to limit or modify the terms and conditions of any other agreement between Principal Member and FMLS and all the terms and conditions of those agreements and the FMLS Rules and Regulations shall continue to apply in full force and effect.

I HAVE READ THIS RELEASE, I UNDERSTAND IT, AND I AGREE TO BE BOUND BY IT. I REPRESENT AND WARRANT THAT I AM AUTHORIZED BY THE PRINCIPAL MEMBER TO EXECUTE THIS RELEASE ON BEHALF OF THE PRINCIPAL MEMBER AND TO BIND THE PRINCIPAL MEMBER TO THE TERMS AND CONDITIONS PROVIDED IN THIS RELEASE