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First DataBank End User Terms of Use

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END USER TERMS OF USE continued...

NEITHER FIRST DATABANK, INC. NOR WEBMD, LLC MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOU USE THIS SERVICE AND THE MATERIAL AND INFORMATION IN THIS SERVICE AT YOUR OWN RISK. NEITHER FIRST DATABANK, INC. NOR WEBMD, LLC SHALL BE LIABLE FOR ANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THIS SERVICE, AND INCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND EITHER FIRST DATABANK, INC. OR WEBMD, LLC), FIRST DATABANK, INC. OR WEBMD, LLC SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $1,000. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND FIRST DATABANK, INC. AND YOU AND WEBMD, LLC, AS THE CARE MAY BE AND REFLECTS THE FEES, IF ANY, YOU MAY BE CHARGED TO USE THIS SERVICE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, NEITHER FIRST DATABANK, INC. NOR WEBMD, LLC WOULD PROVIDE THIS SERVICE TO YOU.

Restrictions
No material from this Service may be copied, reproduced, republished, uploaded, posted, transmitted, commercialized or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. All rights, title and interest in and to the materials in this Service (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in First DataBank, Inc. and/or WebMD, LLC, as applicable.

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