Wing FTP Server - Web Client

File Access Disclaimer:

Design Professional has prepared drawings, including but not limited to, drawings in electronic format of different portions or aspects of the Project. User hereby agrees to use the Drawings subject to the following terms and conditions:

1. User shall use the Drawings, in whole or in part, solely for the Project, and for no other purpose.

2. User shall adhere to and comply with all applicable laws, codes, rules and regulations with respect to User's use of the Drawings.

3. User shall be solely responsible for obtaining any approvals from local authorities or others arising from or related in any manner to use of the Drawings.

4. Design Professional does not warrant or guarantee that every portion of the Drawings stored on electronic media ("CADD files") is free of all computer viruses. User acknowledges that it has sole responsibility for assuring that such CADD files are free of any viruses before using them. User shall not hold the Design Professional responsible for such viruses or their consequences.

5. Design Professional shall have no obligation to notify User of, or provide User with, revisions or changes to the underlying information contained in any portion of the Drawings.

6. User shall notify Design Professional of any errors or omissions in the Drawings that User discovers so that Design Professional will have a reasonable amount of time within which to correct, in its sole and absolute discretion, any such errors or omissions.

7. User represents and warrants that if Design Professional's or its consultants name and/or professional seal appear on any portion of the Drawings it shall be deleted and be of no force and effect.

8. User understands that the Drawings may not accurately reflect all as-built construction, revisions, modifications, change orders, etc. in the Project. The provision of the Drawings under this Agreement does not relieve User, its consultants, contractors, representatives and agents of their responsibility and liability for their own drawings or construction prepared based on the Drawings and/or to any other changes made to the Drawings furnished under this Agreement.

9. Design Professional does not provide any warranties, express or implied, concerning the accuracy or completeness of the Drawings, and User agrees to independently verify the accuracy and completeness of the Drawings for its needs. Design Professional's disclaimer of warranties includes, without limitation, warranties of merchantability, and/or fitness for a particular purpose for the Drawings furnished under this Agreement. There is no guarantee of the integrity of the data or the completeness and form of translations represented by the CADD files and User agrees not to hold Design Professional responsible for any of the data or file cleanup necessary to make the files usable nor for any error or malfunction in the translation, interpretation or use of this electronic information.

10. The provision of the Drawings to User by Design Professional is not to be construed in any manner to be in derogation of Design Professional's reserved or intellectual property rights in the Drawings, including copyright.

11. User may neither assign its rights nor delegate its duties under this Agreement.

12. User shall indemnify, hold harmless and defend Design Professional against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of or resulting from the use of the Drawings by User or anyone for whom the User is responsible. The User shall further indemnify and hold harmless the Design Professional from any unauthorized, improper or illegal dissemination, or other distribution of the Drawings. Any unauthorized use or reuse by User or any other party shall be considered an infringement on the Design Professional's copyright, and there shall be no liability or legal exposure to Design Professional.

13. This Agreement should be governed by the laws of the Commonwealth of Virginia in all respects (including matters of construction, validity and performance), notwithstanding choice of law rules.

14. The Circuit Court for Fairfax County, Virginia and the U.S. District Court for the Eastern District of Virginia, Alexandria Division shall have exclusive jurisdiction over any controversy, including, without limitation, matters of construction, validity and performance arising out of this Agreement, and User hereby consents to personal jurisdiction and venue in either court and waives any objection it might otherwise be entitled to assert with respect thereto. The User agrees to pay Design Professional's reasonable attorney's fees and expenses for the prosecution or defense of any cause of action, claim or demand on or by Design Professional arising under or relating to this Agreement.

15. The provision of the Drawings to User by Design Professional is not to be construed as creating a joint venture, agency, or partnership between the parties.

16. This Agreement supersedes any and all prior agreements, understandings or communications, whether oral or written, with regard to the subject matter set forth herein and represents the entire Agreement between User and Design Professional, and no modification hereof shall be effective until reduced to writing and signed by both parties.

The terms and conditions of this letter agreement are hereby accepted by the User as of the date indicated below, and User represents and warrants to Design Professional that all necessary action has been taken by it to enter into this Agreement, and that the person signing this Agreement on its behalf is duly authorized to do so.

Gordon US, LLC