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SmartExchange License Addendum

a la mode technologies, llc
Effective 8/1/2018

In choosing to utilize SmartExchange, You agree to the terms and conditions of the TOTAL Suite of Products Software License Agreement (“Agreement”) as well as the additional terms and conditions set out in this amendment (“Amendment”). SmartExchange shall be considered an added ALM product under the Agreement. In instances where the terms of the Amendment conflict with the Agreement, the terms of this Amendment shall govern.

When choosing to use SmartExchange You agree to share Your comparable property characteristics data (“Property Data”) with ALM, its affiliates, and other members of SmartExchange. ALM will integrate the data it receives from You into the SmartExchange database, adding Your Property Data with the data of other SmartExchange members as well as ALM and its affiliates data. The SmartExchange database is owned exclusively by ALM. ALM will take all steps reasonably necessary to keep this SmartExchange database intact and assessable to You pursuant to the terms of this Addendum and the Agreement.

You hereby grant ALM and its affiliates a nonexclusive, perpetual, worldwide, fully paid license to contribute Your Property Data into SmartExchange and create derivative works in the form of products and data which may be provided to other members of the SmartExchange service.

You warrant that the images and materials You provide for contribution to SmartExchange are either owned by You, or You have obtained consent from the owner of such materials. Further, You grant ALM a license to modify or manipulate the data and/or metadata that you submit, so long as ALM does not materially alter or change any of the values or actual content of the data. You warrant that You have the right to share the material submitted, including (without limitation), intellectual property such as trademarks and creative material subject to copyright protection. You hereby agree to release, and hold harmless CoreLogic and its affiliates from and against any and all claims based on any materials You submit, including (without limitation) claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action.

In addition to the disclaimers contained in the Agreement, You acknowledge that ALM makes no representation or warranty to You that the third party data or derivative products provided in SmartExchange is accurate or fit for a particular purpose.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ADDENDUM; THAT YOU UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS ADDENDUM AND AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND ALM AND SUPERSEDED ANY PROPOSAL OR PRIOR AGREEMENT, ORAL, OR WRITTEN AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENSE. YOU ALSO AGREE THAT ALL OF THE TERMS AND CONDITIONS OF THIS ADDENDUM AND AGREEMENT APPLY TO YOUR USE OF THE SOFTWARE, SHOULD YOU CHOOSE TO PROCEED WITH THE USE AND IMPLEMENTATION OF THE SOFTWARE.