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NRS-Online Subscription Agreement (February 1, 2010)

Drake Analytics, Inc. ("Company") is a Seattle-based corporation that provides a media registration service ("NRS-ONLINE"). Sevik, Inc. is a registered trade name of Drake Analytics, Inc.

NRS-ONLINE will be accessible via the Internet through the, and domains (the "Websites"). Company may, in its sole discretion, allow NRS-ONLINE to be accessed via other modes or domains.

Any legal entity that pays the subscription fee to Company may utilize NRS-ONLINE in accordance with the terms and conditions of this NRS-Online Subscription Agreement ("Agreement"). Agreement represents a contract between Company and the legal entity ("Subscriber") that pays the subscription fee to Company.

The NRS-ONLINE subscription fee is twenty dollars. The subscription duration will be five years from the date Subscriber pays the susbscription fee to Company (the "Subscription Period").

Subscriber will access NRS-ONLINE via the Internet by visiting one of the Websites. Company will exercise reasonable care to ensure that the Websites are operational on a regular basis.

During the Subscription Period, Company agrees to receive properly delivered acceptable media property ("Items") from Subscriber, and to record the time and date of receipt of said Items, and to store the Items. Company will exercise reasonable care to protect the Items and the recorded information associated with the Items. Subscriber shall not use NRS-ONLINE to provide registration services for or to others, or for the benefit of others.

Media property will be considered properly delivered when either 1) the propery is uploaded after accessing NRS-ONLINE via one of the Websites and an MD5 Signature is provided by NRS-ONLINE after the upload, or 2) the property is deposited with Company via postal mail, facsimile or hand delivered to Company (or to a designated agent of Company) with an accurately completed registration form.

Media property will be considered acceptable if it represents intellectual property or evidence of authorship or ownership of intellectual property. Subscriber agrees that Company may refuse to accept any property that Company, in its sole discretion, deems is inappropriate for storage. Subscriber agrees to provide Company with accurate information in connection with any usage of NRS-ONLINE. Subscriber agrees to not use NRS-ONLINE for illegal purposes. Subscriber agrees to not attempt to degrade performance or circumvent security at any site owned and operated by Company, including but not limited to,, and Subscriber agrees that Subscriber shall be fully liable for any damages caused by Subscriber to Company. Subscriber agrees that Subscriber shall be fully liable for any damages to Company caused by an agent of Subscriber.

Subscriber may request destruction or withdrawal of one or more of the Items in writing. Company shall only perform the request if it can, in its sole discretion, validate the authenticity of the request. Subscriber shall bear all costs associated with a withdrawal, and shall pay such costs prior to Company performing the withdrawal request.

If Subscriber does not renew their subscription within two weeks after the Subscription Period has passed, Company shall disable access to NRS-ONLINE. Subscriber may reactivate their subscription by paying the then current subscription fee.

Company reserves the right, in its sole discretion, to modify any part of NRS-ONLINE and the Websites at any time, with or without notice. Company reserves the right, in its sole discretion, to discontinue any part of NRS-ONLINE, except the basic online registration facility, at any time. If the basic online registration facility is discontinued then Company shall provide a pro-rated refund of Subscriber's subscription fee.


Subscriber agrees to indemnify and hold harmless Company and its employees and agents, from any and all third party claims or demands, including reasonable attorney's fees, arising out of Subscriber's use of NRS-ONLINE, Subscriber's breach of this Agreement and/or Subscriber's infringement of any intellectual property right(s).

Disclaimer and Limitation of Liability

Company assumes no liability for any errors or omissions contained in information provided during the Subscription Period. NRS-ONLINE is offered to Subscriber and Subscriber's agents on an "As Is" basis without a warranty of any kind, either express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. Company disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to use of NRS-ONLINE. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS OR LOST POSTAGE, ARISING OUT OF THE USE OR INABILITY TO USE NRS-ONLINE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO SUBSCRIBER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND RESULTING FROM SUBSCRIBER'S USE OF NRS-ONLINE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED TWO DOLLARS ($2.00).


Company's failure to enforce the performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.

Choice of Law and Jurisdiction

This Agreement shall be governed by, and construed exclusively in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising under this Agreement shall be brought in a court of competent jurisdiction in the State of California. Subscriber agrees that Subscriber shall not file suit against Company or against an agent of Company in any jurisdiction outside the State of California.
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