Written Consent. Foreign Subscriber's Principal Broker, as the owner of the listing information provided to HIS for use in the HIS database, hereby grants HIS the right to reproduce, use, distribute, display and grant access to such listing information through the HIS Service electronically and in such other form or manner as HIS deems appropriate at no cost to HIS. FS's Principal Broker represents and warrants to HIS that any photographs, floor plans or other information pertaining to listed properties that are included in the listing information for which FS's Principal Broker is the designated broker, is included in the HIS System with the written consent of the appropriate party (e.g. homeowner, photographer, builder, architect, etc.)

Copyright Ownership. All rights, title and interest in each and every HIS Database compilation created by HIS, and in the ownership of he copyright therein, shall at all times remain vested in HIS. HIS shall have the right to license such compilations or portions thereof to any entity pursuant to the terms agreed upon by the HIS at no cost to HIS. Title to the information supplied by the FS such as listing information shall remain with FS's Principal Broker as the owner of such listing information.

Consent to Use Information. FS acknowledges that information available through the HIS Service is provided with the consent of the FS and third-party licensors. HIS has the right to remove information from the HIS Database at anytime if HIS determines the information is or may be infringing or otherwise violates or may violate rights of any third-party or HIS's right to include such information in the HIS Database which has been terminated for any reason. FS acknowledges that governmental agencies may be provided access to portions of the HIS database.

Original Listing. FS will provide data on HIS form(s) provided for that purpose. FS agrees to provide up to five (5) photos for inclusion on the webpage. Listings will NOT be accepted without a minimum of one (1) photo. Photo(s) may be mailed in original format and HIS will scan photo or FS may provide .jpeg via e-mail to photos@HawaiiInformation.com. Listing will not be forwarded to the internet until at least one (1) photo is attached to listing data.

Status Changes. FS agrees to submit all status changes promptly to HIS for input. HIS assumes no liability for incorrect data.

3.1 Fees. In consideration for the rights to submit listings to the HIS database, FS shall pay HIS the following fees:

3.2 Payment. FS shall submit payment at effective date of contract and upon submission of data to HIS for entry thereafter.

3.3 Taxes. All fees described herein are inclusive of all federal, state, municipal or other governmental excise, sales taxes.

4. INDEMNIFICATION. FS shall indemnify and hold HIS and its officers, directors, employees, agents, representatives, licensors and shareholders harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) arising from any claim, demand, action or proceeding initiated by any third-party against any of them based upon (i) FS's breach of or default under any term or provision of this Agreement or (ii) actions of FS that result in (a) inaccuracy of any listing information supplied for the HIS Service by FS, (b) infringement of any proprietary or contract right of any third party as a result of the availability of such information through the HIS Service and (c) any violations or claimed violations of this agreement, or any laws, including the Federal Fair Housing Act & other similar Federal & state laws, agreements, or contracts by the FS, invasion of privacy or any other tort claims, and causes of action or demands whether arising in contract or tort. FS shall assist HIS, at FS's expense, in the defense or settlement of any claim to which this indemnification obligation applies. The indemnification provided under this agreement shall survive the termination of this agreement.

5. TERMINATION; WITHDRAWAL; REFUSAL. This agreement shall commence upon acceptance of license application by HIS and continue thereafter indefinitely until FS ceases to submit listings to HIS for entry into the database or until HIS ceases to provide listing data to websites. HIS reserves the right to refuse listings that are unlawful, offensife, violate thrid party rights, or are not in good taste. HIS reserves the right to withdraw data and return fees at any time or cancel the service to any person at any time for any reason, subject to the obligations not to discriminate as prohibited by law. The FS may remove active listings from the database at anytime by so instructing HIS in writing and/or via email.

6.1 Limitations and Exclusions. NEITHER HIS NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO FS OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE HIS SERVICE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY ANY FS OR AUTHORIZED USER ON ANY INFORMATION OBTAINED THROUGH USE OF THE HIS SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE HIS SERVICE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE HIS SERVICE OR RELATED INFORMATION, RECORDS OR PROGRAMS.

6.2 Maximum Aggregate Liability. IN NO EVENT SHALL THE LIABILITY OF HIS, ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF ANY CLAIM RELATED TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY FS HEREUNDER IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

6.3 Acknowledgment. FS acknowledges that HIS has set its fees and other charges in reliance on the disclaimers of warranty and limitations and exclusions of liability set forth in this Agreement and that the same form an essential basis of the bargain between the parties. The FS irrevocably waives all claims against HIS or any of its affiliates, shareholders, officers, directors, employees, agents, representatives and licensors for any action in connection with the HIS Service and particularly as to acts imposing liquidated damages upon FS or revoking FS's access to the HIS Service.

8. LEGAL FEES AND COSTS. In the event legal action or arbitration is taken against FS, the prevailing party in such action or arbitration shall be entitled to recover its reasonable attorney's fees, costs, and expenses incurred in such action or arbitration.

9. NO THIRD PARTY BENEFICIARIES. This Agreement is entered into solely between, and may be enforced only by, HIS and FS, and this Agreement shall not create or be construed to create any rights in any home owner, home seller, home purchaser, board or association, or other third parties.

IN WITNESS WHEREOF, the FS hereto has executed this Agreement as of the date set forth below.

Name: _________________________________________________________________________________________

(Name as recorded with DCCA and Real Estate Commission - Please print)

By:__________________________________________________________________ Date: ___________________________

Name: ______________________________________________________________________________________________

(Name as it appears on DCCA - Please Print)

Signature: ______________________________________________________ Date: ____________________

Home Address: ______________________________________ City: _______________________ Zip:_________

VISA Mastercard      Number: __________________________

Service@HawaiiInformation.com