4.1

Compliance with Law. You represent and warrant that you will comply with all applicable state and federal laws in your performance of this agreement and in the use and operation of the ShopKart Server, including laws governing technology, software and trade secrets and anti-trust. You represent and warrant that your prices and supplier choices are established unilaterally, that you have not collaborated or communicated with other retailers with respect to your prices and choice of suppliers, and that NetSoft Studio, its affiliates, agents, employees, licensors or the like are not at all involved in your pricing or choice of supplier decisions.

4.2

Authority to Contract. You represent and warrant that you have full authority and right to enter into this agreement and that there are no conflicting claims relating to the rights granted by this agreement.

4.3

Non-Infringement. You represent and warrant that your performance of this agreement and providing the Web Service, including the software or data files, shall not infringe the intellectual property or other proprietary rights of any third party, including the intellectual property rights of NetSoft Studio, an MDM Enterprise Company.  You acknowledge and understand ShopKart and its technology, software and solutions are © Copyright 2007-2011 by NetSoft Studio.  All Rights Reserved.  Duplication of screen formats, layout, reverse engineering of software is strictly prohibited.

4.4

Our Performance. We represent and warrant that our services shall be performed in a professional and workmanlike manner, and the computer servers will be operated in accordance with our obligations as defined by this agreement.  You understand the data content of the ShopKart Server cannot be exported and is exclusively available only on the ShopKart software solution.