CROPFAX Data Usage Agreement HIGHLIGHTS

1) CROPFAX contains over 14 million same field comparisons for hybrid corn. We use statistical techniques to compare various hybrids, but CropFax is not responsible for hybrid performance on your farm.

2) CROPFAX data experts are not agronomists, so our database reports should not be construed as advice from a licensed professional.

3) All large databases can contain errors.

4) You agree not to share this report outside your immediate family.

IMPORTANT – Read these terms carefully before using this digital data.

CROPFAX (JHTECH) is willing to license this digital data and any hard copies of the digital data to you on the condition that you accept all the terms and conditions contained in this license agreement. If you do not agree to the terms and conditions as stated herein, then JHTECH is not willing to license the digital data to you and you must return the digital data and any hard copies of the digital data to JHTECH. This License Agreement is between JHTECH acting through the CROPFAX.com website and the user (referred to as "licensee" or "you") and gives you certain limited rights to use the digital data. By accepting the terms of this License Agreement and using this digital data you warrant you are an authorized agent or the principal and have the capacity to enter into this Agreement on behalf of the entity you represent. PROTECTION OF PROPRIETARY RIGHTS The Licensee acknowledges that pursuant to this Agreement it obtains only the right to use the data consistent with this Agreement and that no right, title, or interest in or to any copyrights, trademarks, or other proprietary rights relating to the data is transferred or licensed from JHTECH to Licensee. Licensee shall not remove, alter, cover, or disguise any acknowledgements, copyright notice, trademark, or other proprietary rights notice placed by JHTECH on the data or any portion thereof.

1. Disclaimer:  Nearly all large databases contain errors. This digital data and metadata, (hereinafter collectively referred to as the "information"), are provided on an "AS IS", "AS AVAILABLE" and "WITH ALL FAULTS" basis. JHTECH makes no warranty of any kind for this information, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose, nor shall the distribution of this information constitute any warranty. The information is collected from various sources and will change over time without notice. JHTECH and its employees assume no responsibility or legal liability for the accuracy, completeness, reliability, timeliness, or usefulness of any of the information provided nor do they represent that the use of any of the information will not infringe privately owned rights. The information is not intended to constitute advice nor is it to be used as a substitute for specific advice from a licensed professional. You should not act (or refrain from acting) based upon the information without independently verifying the information and, as necessary, obtaining professional advice regarding your particular facts and circumstances. References to any specific commercial product, process, and service by trade name, trademark, or manufacturer do not constitute or imply endorsement, recommendation, or favoring by JHTECH and its employees.

2. Grant of License:  JHTECH grants you a nonexclusive, nontransferable license to use the digital data with which this license is distributed on as many computers as you wish, and to make backup copies of the digital data provided that: (i) all applicable copyright notices, and "read.me" files(s) must be maintained with the digital data provided; and (ii) you agree to be bound by the terms of this License Agreement. The digital data shall be used only by you and your immediate family, and only for personal or internal business use and not in the operation of a service bureau, or for Internet distribution.

3. Ownership:  You have no ownership rights in the digital data. Rather, you have a license to use the digital data as long as this License Agreement remains in full force and effect. Ownership of the digital data and all intellectual property rights therein, if any, shall remain at all times with JHTECH.

4. Copyright:  The digital data may contain material that is protected by the United States Copyright Law and by international treaty provisions. All rights not granted to you herein are expressly reserved by JHTECH. You may not remove any proprietary notice of JHTECH from any copy of the digital data.

5. Permitted Uses:  If you obtain a DATA RELEASE from JHTECH, you may distribute the digital data as a derivative work if substantial value has been added; however, JHTECH reserves the right to determine whether substantial value has been added. A DATA RELEASE requires submission of the proposed work to JHTECH for their review and written permission (see Section 11, Contacting JHTECH).

6. Restrictions:  You shall not sell, rent, lease, sublicense, lend, assign, timeshare, or transfer in whole or in part, or provide unlicensed third parties access to prior or present versions of the digital data, unless JHTECH gives written consent.

7. Limitation of Liability:  In no event will JHTECH be liable to you or any third party for any damages arising out of the use of or inability to use the digital data, even if JHTECH is advised of the possibility of such damages. Neither JHTECH nor JHTECH’s employees shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. In no event shall JHTECH or its employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage. This limitation of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

8. Termination:  This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to JHTECH all copies of the digital data in your possession or under your control, including backup and archival copies. Terminating the agreement does not entitle you to a refund of data access fees.

9. No Waivers:  No failure or delay by JHTECH in enforcing any right or remedy under this License Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by JHTECH.

10. Order of Precedence:  Any conflict between the terms of this License Agreement and any other form of agreement or terms shall be resolved in favor of the terms expressed in this License Agreement.

11. Contacting JHTECH:  To contact JHTECH to report problems with the data or to request a DATA RELEASE, please contact James Hall at 719-748-5231 or e-mail jameshall@JHTECH.com.

12. General:  This License Agreement shall be construed, interpreted and governed by laws of the United States of America and the State of Colorado without regard to the conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be the state court sitting in Teller County, State of Colorado, USA. This License Agreement shall constitute the entire agreement between the parties hereto, pertaining to the use of the digital data. In the event any of the provisions on this License Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be eliminated or limited to the minimum extent necessary so this License Agreement shall otherwise remain in full force and effect.