CROP DATA MANAGEMENT SYSTEMS, INC. HEREINAFTER "CDMS" AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CDMS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CDMS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES, ADDITIONS AND DELETIONS ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. CDMS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DOCUMENT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME, WITHOUT NOTICE.

Descriptions of, or references to, products, services or publications from this server do not imply endorsement of that product, service or publication. CDMS makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information.

IN NO EVENT SHALL CDMS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT , NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

DISCLAIMER. The proper functioning of CDMS Software and its related databases is dependent on data supplied by various sources. Although CDMS has sought to facilitate Users' and Customers' creation of functional databases, such accuracy, adequacy and timeliness are not guaranteed, and CDMS shall have no liability of any kind whatsoever on account of any inadequacies and/or inaccuracies in or untimeliness of such databases.

WARRANTY DISCLAIMER. CDMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO SERVICES OR DATA MADE AVAILABLE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. USER AGREES THAT CDMS IS PROVIDING ONLY SERVICES, NOT GOODS, AND UNDERSTANDS THAT CDMS ASSUMES NO RESPONSIBILITY IN CONNECTION WITH THE USE OF ANY OF THE SERVICES OR DATA MADE AVAILABLE. USER AGREES THAT CDMS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFIT, REVENUE, OR DATA ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF CDMS HAS BEEN ADVISED OF THE POSSIBILITY OF POTENTIAL LOSS OR DAMAGE.

LIMITATION OF DAMAGES. CDMS's liability to User for damages, including, but not limited to, liability for patent or copyright infringement, regardless of the form of action, shall not exceed the charges paid by the User for services in the preceding twelve (12) month period, exclusive of any initial, one-time installation fee. CDMS shall not be liable for any lost profits, lost savings or other incidental or consequential damages arising out of User's use or inability to use any software supplied to User in conjunction with User's use of CDMS Software or the breach of any express or implied warranty, even if CDMS has been advised of the possibility of those damages. No action shall be brought by either party more than one (1) year after the cause of action has accrued except that an action for nonpayment may be brought within one (1) year after the date of the last payment.

USER INDEMNIFICATION OF CDMS. User understands and agrees that User accepts full responsibility for the accuracy, adequacy and timeliness of User created databases and agrees to waive any claim and indemnify CDMS against any injury, damage or expenses resulting from the use of such data by User in any form. In addition, User, on behalf of itself, and any employees, agents, successors, parent corporations, affiliate corporations, predecessor corporations and successor corporations, in all capacities, including individually, agrees to indemnify and hold CDMS harmless from loss, detriment, damage, charges, costs and expenses arising out of the entry of User's data and subsequent use of all databases in CDMS Software, anticipated by User or not.

REGARDING CDMS DATABASES.
A. CDMS has contracted with numerous seed companies (herein collectively referred to as "Customers") of seed brands to create a CDMS Customer Product Seed Database which consists of information, attributes and characteristics relating to seed use as each seed company has interpreted such information as to the amount, kind, and degree of specificity of information regarding the use of their product(s). These seed companies have assumed all responsibility for the accuracy, adequacy and timeliness of the data entered into the CDMS Customer Product Seed Database. Such data in general include information such as sees characteristics, relative maturity, GMO traits, disease resistance, herbicide tolerance, soil type, yield information, and geographical use information. Any information made available to User from the CDMS Customer Product Seed Database or any other source is made available using tele-communications. User acknowledges that in he event the aforementioned tele-communications service is out of order, disconnected, or otherwise interrupted, communication will not be possible. User further acknowledges and agrees that communications are sent over Internet networks which are wholly beyond the control and jurisdiction of CDMS and are maintained and serviced by the applicable Internet companies.

B. For applicable services, a User may, at its sole discretion, create a User Product Seed Database for products not included in the CDMS Customer Product Seed Database. User Product Seed Database will be available only to the entering User and will be unavailable for viewing, use, change or for any other purpose by any other CDMS User or Customer. Regardless that User utilizes CDMS licensed software in creating and/or downloading this data base, it shall be User's sole responsibility to interpret the appropriate and necessary information to be included in such User Product Seed Database. User shall be solely responsible for the accuracy, adequacy and timeliness of such data bases.

C. For applicable services a User may create a Client Database which includes that information which User in User's sole discretion determines is appropriate and/or necessary to facilitate the recommendation, application, sale or other use of products included in either the CDMS Customer Product Seed Database or the User Product Seed Database by that client. User's Client Database shall be available only to User and unavailable for viewing, use, change or any other purpose by any other CDMS User or Customer. User shall be solely responsible for the accuracy, adequacy and timeliness of such database.

D. User created databases shall be created through the licensed use of CDMS Software. Use of said software shall in no event transfer responsibility from User to CDMS for the appropriateness, accuracy, completeness or timeliness of the information selected by User for entry into User's databases. Said responsibility shall remain solely with User. User specifically understands that the format of the product data entry software may not adequately anticipate and allow for the entry of all restrictions, rules and limitations in the use of the product. User, however, shall have complete control over and be solely responsible for the content, accuracy and timeliness of its data. User shall be solely responsible for correcting, updating, adding, deleting, or otherwise editing or changing its data as User in its sole discretion decides. User's additions, corrections, or other editing shall be performed by User.

E. User understands that the databases created by User for its own use will, through the operation of applicable CDMS services, be integrated into and form the basis for writing client use recommendations, the selection of products for use on a specific crop and the sale of agricultural chemicals or application of agricultural chemicals by or for User's customers. User accepts full responsibility for the accuracy, adequacy and timeliness of its data bases and agrees to waive any claim and indemnify CDMS and all Customers against any injury, damage or expense resulting from the above-described or any other contemplated use of products included in any CDMS database.

UTILIZING DATABASES. Through applicable CDMS services, User may access User CDMS databases for purposes of cross referencing to obtain information regarding the use of a product. All actual product use will create a further database which can be assessed and produce various reports. CDMS shall be allowed to create summaries of product use data.

TITLE AND PROPERTY RIGHTS

DEFINITIONS.
A. "CDMS Software" in this Agreement shall mean a licensed data processing program consisting of a series of instructions or statements in machine readable form and shall include any software supplied by CDMS to User and any modifications, improvements, or updates thereto. CDMS Software shall also include, but not be limited to, flow charts, logic diagrams, printouts, or any tangible things ("Support Material") which embody, represent, describe or specify any aspect of the CDMS Software or its operation or application, which has been furnished to User.

B. "Use" shall mean the copying of any portion of the CDMS Software, instructions or data from storage media into the Central Processing Unit (CPU) for processing.

C. "Proprietary Information" shall mean and include the CDMS Software, software specifications, software routines, screen displays, data entry formats, database structures, database formats, printouts and prompting sequences embodied in such software, and such other information as CDMS shall so designate. This definition shall extend to Proprietary Information in whatever form such Proprietary Information may be embodied, including, but not limited to, source code, object code, software documentation, software specifications, flow charts, diagrams, terminal displays and printouts. Proprietary Information shall not extend to any information, or any embodiment of information, which has become general public knowledge or is generally known in the trade, or which becomes generally known in the trade.

D. "Confidential Information" shall mean information related to CDMS's research, development, trade secrets, software design, or business affairs or that of any of its Users or affiliates, but does not include information in the public domain.

TITLE.
A. Title to all intellectual property rights including patent, trademark, copyright, trade secrets in, and title to all ownership rights in all copies of and all media bearing the CDMS Software and support materials are and shall remain with CDMS.

B. The exclusion of a copyright notice on any of the CDMS Software or support materials shall not cause, or be construed to cause, the program or materials to be in the public domain.

C. THE CDMS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM RESTS SOLELY WITH USER. CDMS SPECIFICALLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CDMS SOFTWARE WILL MEET USER'S REQUIREMENTS OR THAT THE OPERATION OF THE CDMS SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

D. The disclaimer, limitation of damages and indemnification provisions below, shall specifically apply to the licensed User Software provided User by CDMS.

USER PROHIBITIONS AND OBLIGATIONS.
A. User shall take no action that, in any way, would infringe upon the copyrighted programs of CDMS or, in addition, would infringe upon the Proprietary Information or Confidential Information developed by CDMS.

B. User shall not provide or otherwise make available any CDMS Software, including, but not limited to, flow charts, logic diagrams, machine codes, screen displays or printouts, in any form, to any other person or entity without prior written consent from CDMS.

C. User shall not remove any proprietary, copyright, confidential or trade secret legend from any CDMS Software or support materials.

D. User agrees to secure and protect the CDMS Software, printed materials, manuals, and copies thereof in a manner consistent with the maintenance of CDMS's rights therein and to take appropriate action by instruction or agreement with its employees to satisfy its obligations hereunder.

E. User shall not create, or allow to be created, by de-compilation, disassembly, reverse-engineering or otherwise, any source program from the CDMS Software.

F. User shall hold in trust for CDMS and shall not use or disclose to any other person, in or during the term of this Agreement or thereafter, any Confidential Information of CDMS to which User obtains access in connection with this Agreement.

G. User further agrees that it shall be strictly liable for all damages to CDMS that result from any disclosure of any CDMS Software and/or Proprietary Information that result from any disclosure of same to any third party.

TERMINATION. User agrees that CDMS, whether or not it issues a notice of termination, in its sole discretion may discontinue any service provided User.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available from this server ("Software") is the copyrighted work of Crop Data Management Systems, Inc. ("CDMS"). Use of the Software is governed by the terms of the end user license agreement, which accompanies or is included with the Software ("License Agreement") . An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Crop Data Management Systems, Inc., 423 Fourth Street, 7th Floor, Marysville, CA 95901.

LINKS TO THIRD PARTY SITES

THE LINKS AT THIS SITE WILL LET YOU LEAVE CDMS'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CDMS AND CDMS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. CDMS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CDMS OF THE SITE. CDMS MAY CHANGE, ADD OR DELETE LINKS WITHOUT NOTICE.

COPYRIGHT NOTICE. Copyright © 2008 CDMS and/or its suppliers, 423 Fourth Street, 7th Floor, Marysville, California 95901 U.S.A. All rights reserved. TRADEMARKS. Product and company names mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.