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IHS TERMS AND CONDITIONS OF USE These Terms and Conditions of Use are applicable to any and all use of the PCMS services and/or access of the PCMS database. By using the PCMS website(s) and/or accessing the PCMS database, you ("User") signify your assent to the content of these Terms and Conditions of Use and the PCMS Privacy Policy, which is incorporated herein by reference. 1. Intellectual Property Rights. User agrees not to use or copy the Websites or the Database, or any portion thereof, in any manner except as expressly permitted by IHS. User further agrees to use the Database solely as is reasonably relevant to User's business, and User agrees not to use the Database for the purpose of harvesting or data-mining substantial or material portions thereof, or for creating or distributing a competitive database or otherwise engaging in unfair competition with IHS. 2. Representations and Warranties. User represents and warrants that: (i) User's access and use of the Database is solely for lawful purposes; (ii) User has not provided and shall provide no false or misleading information in connection with his or her use of the Websites or the Database. 3. Remedy for Breach. User acknowledges that any breach of this Agreement or any representation and warranty made herein would cause IHS irreparable injury, such that IHS would have no adequate remedy at law. Therefore, User agrees that in the event of such breach, IHS shall be entitled to injunctive relief in addition to any other remedies it may have at law or in equity or under the terms of this Agreement.. 4. Warranty Disclaimer. IHS PROVIDES THE WEBSITES AND THE DATABASE "AS IS" AND WITHOUT ANY WARRANTY THAT USER'S ACCESS AND USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THEIR CONTENT AND/OR DATA WILL BE ACCURATE, RELIABLE AND ERROR-FREE. USER'S USE OF THE WEBSITES AND THE DATABASE AND RELIANCE THEREON SHALL BE AT USER'S OWN RISK. IHS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND THE DATABASE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 5. Limitation of Liability. IHS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR TREBLE DAMAGES ARISING FROM USER'S USE OF THE WEBSITES OR DATABASE IN ANY MANNER, INCLUDING WITHOUT LIMITATION ANY CLAIM RELATING TO THEIR USE OR INABILITY TO USE THEM, OR THE ACCURACY OF THEIR CONTENT, EVEN IF IHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL LIABILITY INCLUDING, WITHOUT LIMITATION, ACTIONS IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY, AND STRICT LIABILITY), AND TO DAMAGES ARISING FROM OR ATTRIBUTABLE TO THE FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF ANTICIPATED OR ACTUAL REVENUE OR PROFIT, LOSS OF DATA, LOSS OF CAPITAL, LOSS OF GOODWILL, AND DOWN TIME COSTS. 6. Indemnification. User shall defend, indemnify, protect and hold harmless IHS, and its affiliates, partners, shareholders, directors, officers, employees, agents and representatives, from and against any and all liabilities, judgments, claims, settlements, losses, damages, costs, fees (including attorneys' fees, court fees and expenses), liens, taxes, penalties, obligations and expenses incurred or suffered, arising from User's breach of any representation, warranty, or obligation in this Agreement. 7. Termination. IHS may, at its own discretion, terminate User's right to access the Database and any portions of the Websites at any time. 8. Waiver. No waiver by IHS of any breach of any of the covenants or conditions contained herein shall be construed as a waiver of any other breach of the same or any other covenant or condition. No delay or failure by IHS in enforcing any term or condition hereof shall be deemed to be a waiver of any right hereunder. 9. Severability. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future law, and if the rights of IHS will not be materially and adversely affected thereby, (a) such provision will be fully severable, (b) these Terms and Conditions of Use will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, (c) the remaining provisions will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom, and (d) in lieu of such illegal, invalid or unenforceable provision, there will be added automatically a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and acceptable to IHS. Governing Law & Forum. These Terms and Conditions of Use, and any disputes arising from them, or from any use of the Websites or Database by User, shall be governed by the laws of the State of New York without reference to choice of law conflicts.

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