Alan L. Sullivan (3152)Todd M. Shaughnessy (6651)Snell & Wilmer L.L.P.

15 West South Temple, Suite 1200Beneficial TowerSalt Lake City, Utah 84101-1004Telephone: (801) 257-1900Facsimile: (801) 257-1800

Mark Lambert (Cal. Bar No. 197410)Mark Weinstein (Cal Bar No. 193043)Cooley Godward Kronish, LLPFive Palo Alto SquarePalo Alto, California 94306-2109Telephone: (650) 843-5003

Attorneys for Plaintiff

FILED IN UNIT,tD,ST~n:s OISr~ICTCOURT, O,STHICr OF UTAH

,

APR 09 2010 IByD.MARKJONES,CLERK 1

DEPU1Y CLERK

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

PUBLIC ENGINES, INC., a DelawareCorporation,

DECLARATION OF GREG WHISENANTPlaintiff,

vs.

REPORTSEE, INC., a DelawareCorporation,

Defendant.

Case: 2:10cv00317Assigned To : Campbell, TenaAssign. Date : 4/9/2010Description: Public Engines v.Reportsee

I, Greg Whisenant, hereby declare under penalty of perjury as follows:

1. I am an individual resident of the State of Utah, over the age of majority, and

competent in every respect to make this declaration. The statements contained in this declaration

are based on my own personal knowledge, except for statements explicitly made on the basis of

1137943L3

infonnation and belief. As to statements made on infonnation and belief, I am reliably infonned

and believe such matters to be true.

2. I am currently employed as the Chief Executive Officer of plaintiff Public

Engines, Inc. ("Public Engines"). In that capacity, I am responsible for the company's strategic

direction and overall perfonnance, including its relationships with law enforcement agencies that

enter into contracts with Public Engines, as described below.

A. Public Engines and CrimeReports.com.

3. Public Engines is in the business of providing software and services to law

enforcement agencies across the United States. Public Engines owns and operates the Crime

Reports.com website, which is one component of the services Public Engines provides to its law

enforcement customers.

4. Public Engines' law enforcement customers vary greatly in tenns of size and

resources, from extremely large agencies like the Los Angeles County Sheriffs Office, to small

municipal police departments like the Cordelle, Georgia Police Department. These agencies

have varying levels of infonnation technology support, from dedicated staffs of personnel to one

or two people tasked with the maintenance of the agency's IT systems.

5. Nearly all law enforcement agencies in the United States use some variety of

Computer Aided Dispatch System ("CAD") and Records Management System ("RMS") for the

purpose of dispatching officers to the scene of crimes or accidents and for tracking all of the

infonnation related to those crimes or accidents. The infonnation contained in these CAD and

RMS systems includes, among other infonnation, reported crimes and where they occurred. The

infonnation in these systems also includes specific infonnation about the victim, details of the

crime, infonnation on the police department's ongoing investigation, the identity of suspects, and

other types of infonnation that law enforcement agencies generally do not share with the public.

6. There are more than 18,000 law enforcement agencies in the United States, and as

you might expect, the CAD and RMS systems used by these agencies vary widely. Such systems

11379431.3

2

are sold by dozens of different companies. Some are sophisticated modem systems; others are

quite old. They run on a variety of different operating systems and platforms. They collect and

store infOlmation in different ways and are used by agencies in different ways. All, however,

maintain up to the minute information about reported crimes, though sometimes agencies lag in

data entry.

7. Law enforcement agencies have a strong interest in making available to the

communities they serve current and accurate information about crimes and criminal activity,

which is balanced by their need to maintain some level of control over the information that is

provided and its distribution. A service that provides such up to the minute information to the

public will assist law enforcement efforts in both solving and preventing criminal activity. At

the same time, law enforcement agencies must ensure that certain types of information, such as

the identity of suspects, the identity of victims, and details of on-going investigations, remain

strictly confidential. CAD and RMS systems are designed for internal use by the law

enforcement agency; they are not designed to be accessible to the public.

8. To assist law enforcement agencies, Public Engines has developed an integrated

system of software and services that allows the agencies to make incident-level (as opposed to

statistical) crime report information available to the public in near real time without

compromising the confidential information contained in the agency's CAD and RMS systems

and while still satisfying their desire to maintain control of the data that is released to the public.

9. Public Engines' integrated system involves a package of software and services

that enable the CAD and RMS systems of law enforcement agencies to be queried so data can be

extracted in a selective manner (eliminating data that would be inappropriate for publication),

and then organized, processed, and optimized with the goal of electronically displaying it in a

user friendly format. Public Engines then posts that data on its CrimeReports.com website so it

can be accessed by the public for free. Public Engines does not comment upon or provide any

11379431.3

3

other information about the individual crime reports, and the website can therefore serve as an

"official" source of agency information.

10. Public Engines began development of this package of software and services

around 2007. From that time to the present, Public Engines has invested more than $3 million to

develop, maintain, and license these software products. Public Engines currently employs a staff

of 35 people who provide a range of services from sales, marketing and support to engineering

and operations.

11. At present, Public Engines has entered into contracts with more than 800 law

enforcement agencies nationwide. The agencies pay Public Engines a fee ofbetween $588 and

$2,388 per year for the CrimeReports.com products and services provided by Public Engines.

12. As part of each such contract, the law enforcement agency obtains a license to

Public Engines' proprietary Crime Reports Publisher (the "Publisher") software. That software

is installed on the agency's internal computer networks and interfaces with the agency's CAD

and/or RMS systems. Public Engines' staff works directly with law enforcement agency

personnel to create custom queries, filters and parsing technology - effectively, a unique

"wrapper" - for the Publisher to interact successfully with the agency's CAD and/or RMS. To

date, Public Engines has successfully configured its Publisher program to interact with CAD or

RMS systems from more than 60 different vendors.

13. Once configured and integrated, the Publisher processes the data contained in

those systems to organize them, extract confidential information, assign unique categories

defined by Public Engines to the crimes reported, and replace the exact street addresses with

more general geographical coordinates.

14. This processed data is referred to as De-Identified Data because it omits, among

other things, names and addresses for victims and suspects as well as other information that the

law enforcement agency wants to keep confidential. The De-Identified Data is sent

electronically by the Publisher program itselfto Public Engines' servers in Utah. The agencies

11379431.3

4

who license the Publisher and associated services from Public Engines do not have the right or

the technical ability to access the De-Identified Data that is sent by the Publisher to Public

Engines. This De-Identified Data would not even exist without Public Engines' proprietary

software. Under the terms of the license agreement between Public Engines and the law

enforcement agency, the agency owns all of the data contained in the CAD and RMS systems,

and Public Engines is required to keep that information strictly confidential. Public Engines, on

the other hand, owns the Publisher, associated services, and the De-Identified Data created from

the operation of the Publisher. The law enforcement agency is prohibited from reverse

engineering or disclosing the intellectual property associated with the Publisher, associated

services, and the De-Identified Data. A true and correct copy of the Terms of Service applicable

to each law enforcement contract is appended hereto as Exhibit 1.

15. After the De-Identified Data is sent to Public Engines' servers in Utah, it is

further modified by the CrimeReports.com website, and sometimes by Public Engines' staff so

that it can be displayed in a user-friendly graphical form. The CrimeReports.com application

scrubs the victim's address using scrub rules that Public Engines defines for each agency to clean

out artifacts from the data entry process. The application then sends the scrubbed, "blockized"

address to Google for geocoding, which produces a latitude and longitude ("XY coordinate"),

which is used to place the icon on the CrimeReports.com map interface. (A "blockized" address

is one that omits the victim's specific street address and instead locates the crime on a block in a

street.) Public Engines has entered into an agreement obligating Public Engines to pay

significant sums to Google for providing this service. In some cases, the goecoding from Google

fails. If it does, the application rescrubs the data with more rigorous rules, re-blockizes the new

address, and resubmits to Google for geocoding. If it continues to fail, the record is quarantined

from the other data and categorized as unmappable. If the geocoding succeeds, it is used to place

an icon on the CrimeReports.com map interface so that members of the public can see the

approximate location of a particular crime on a map.

J 1379431.3

5

16. Ultimately, after going through all ofthese processes, the data (a) is limited to that

information which the law enforcement agency has determined it can properly disclose, (b) has

been re-structured and re-formatted in a unique way, and (c) has been encoded with other data to

pennit it to be located on a map, searched, accessed, and displayed.

17. The data is then made accessible to the general public on Public Engines' website,

CrimeReports.com. The computer servers that operate the CrimeReports.com website are all

located in Utah.

18. In its contracts with law enforcement agencies, Public Engines agrees to publish

this information on CrimeReports.com for the benefit of the agency and the community at no

cost to the public. CrimeReports.com does not advertise on its site and does not solicit business

from visitors to its site. CrimeReports.com serves as an "official" crime information portal for

the law enforcement agency because law enforcement agencies supply the raw data based on

rules and limits to which the agencies themselves have agreed. Public Engines also agrees to

keep the data up to date and accurate, satisfying the agencies' desire to maintain control over the

data.

19. Users of CrimeReports.com are able to search the website by address, city, or

state, and the sit,e displays a street level map. The map is populated with coded "pins" showing

the locations of reported crimes. Clicking on a particular pin brings up a modal window that

provides more specific information about the reported crime, including the date of the crime and

a general description. A log appears on the left side of the screen with an inventory of the crimes

reported in the area; clicking on a particular crime then highlights positions on the map where the

crimes occurred. Users can search for different types of crimes, over different time periods, in

different areas. Users also can download an application to permit access to this information on

mobile phones. Users can also access this information through software called a "widget," which

is installed by Public Engines on authorized third party websites, and often on the law

11379431.3

6

enforcement agency's website. Members of the public may also access this infonnation via the

website through a link in an email alert sent to them from Public Engines.

20. Attached hereto as Exhibit 2 is a screen shot from CrimeReports.com showing

how this infonnation is displayed for an area in downtown Salt Lake City.

21. Without Public Engines, few law enforcement agencies would be able to make

this infonnation available in user friendly fonn. To do so, they would be required to develop

technology like the Publisher program in which Public Engines has devoted substantial time and

resources, and would be required to employ computer programmers and other employees to

process and code the infonnation, license geocoding technology from another company such as

Google, and then post this infonnation on a webpage.

22. Anyone may access the infonnation on CrimeReports.com for free, provided they

comply with the website's Tenns of Use. Those Tenns of Use provide that individuals may

access the site for their own personal, non-commercial use, and businesses may access the

website for the business's internal business use. Users are not pennitted to use the site for

unauthorized commercial purposes or for commercial communications, and they are expressly

prohibited from collecting infonnation or data from the site by automated means. The

requirements for use of the website are set forth in the Tenns of Use for CrimeReports.com, a

copy of which is appended hereto as Exhibit 3.

B. ReportSee and SpotCrime.com.

23. ReportSee also operates a collection of websites, including SpotCrime.com, that

provides infonnation about crimes in vmious communities in the United States. Like

CrimeReports.com, SpotCrime.com displays that infonnation on a map. Like

CrimeReports.com, particular crimes are displayed with a "pin" coded to represent different

types of crimes; and dragging a cursor over a particular pin displays additional infonnation about

the crime. Like CrimeReports.com, SpotCrime.com offers a mobile application, email alerts and

access to the data via an embeddable widget for display on third party websites. Like

11379431.3

7

CrimeReports.com, SpotCrime.com may only be used subject to ReportSee's terms and

conditions of use. I am informed and believe that unlike CrimeReports.com SpotCrime.com is

not an official crime information site for law enforcement agencies.

24. Instead, SpotCrime.com sometimes adds commentary about the crime reports it

features and sells advertising. As explained in detail below, much of the information appearing

on the SpotCrime.com website has been taken wholesale from Public Engines'

CrimeReports.com website, without alteration. I am unaware that SpotCrime.com has provided

software or services to any law enforcement agencies. SpotCrime.com is primarily geared

toward serving various media outlets and the public. To the extent enforcement agencies do not

have contracts with ReportSee, law enforcement agencies have no ability to control the type or

content of data that appears on SpotCrime.com. A number of the law enforcement agencies with

which Public Engines has entered into contracts have complained to us and indicating their

disapproval of the appearance of De-Identified Data from their jurisdictions on SpotCrime.com,

over which they cannot exert or maintain any control.

25. I am informed and believe that ReportSee has entered contracts with news and

media organizations to provide this crime mapping data to them for a fee. I am informed and

believe, for example, that ReportSee has entered into such contracts with Newport Television's

subsidiary, ABC4 TV, and perhaps other similar media outlets in Utah. ABC4 TV features a

link on its webpage to SpotCrime.com and an embedded widget from SpotCrime.com displaying

crime information.

26. In its electronic advertising materials, ReportSee claims that it obtains the

information displayed on the SpotCrime.com website by employing a staff of employees and

contractors who read news accounts, police blotters, and monitor police scanner traffic.

ReportSee claims that its users submit information regarding crimes as well. According to

ReportSee, its employees then identify the longitude and latitude of the incident to plot its

location on a map.

11379431.3

8

27. I am informed and believe that in reality, however, SpotCrime.com obtains much

of the information displayed on its webpage by misappropriating it directly from

CrimeReports.com using an automated "scraper", as explained in more detail below. In other

words, ReportSee misappropriates information from CrimeReports.com and then sells it to media

outlets, including media outlets in Utah.

C. "Scraping"

28. Web scraping is a computer software technique used to extract information from

websites. Among other methods, scraping programs are designed to mimic a human user

operating a web browser to gain access to the target website. The program then collects and

downloads, or "scrapes," the information displayed on the webpage or contained in the

underlying databases for later use.

29. Attached as Exhibit 4 is a screen shot from SpotCrime.com showing the same

area as the screen shot from CrimeReports.com attached as Exhibit 2. Everyone of the crime

reports appearing on Exhibit 4 was taken from CrimeReports.com.

30. The Terms of Use for CrimeReports.com specifically state that users shall not

"collect content or information, or otherwise access any Public Engines Sites, using automated

means (such as harvesting bots, robots, spiders, or scrapers) or by bypassing the site's user

interface without our permission.. ,,"

D. ReportSee's Scraping of Data from CrimeReports.com in 2008.

31. Like most websites, CrimeReports.com maintains an automated log of users who

access the website. This log includes the Internet Protocol ("IP") addresses of those users. An

IP address is a unique number assigned to a computer or device connected to the internet. That

IP address is recorded when a computer accesses a webpage and Public Engines' computers Jog

those who access the page. The log also includes information about what information in

particular was accessed and when.

11379431.3

9

32. Beginning in the spting of2008, Public Engines noticed an unusual pattern of

user activity on CrimeReports.com. Upon investigation, Public Engines discovered that its crime

report information was being systematically scraped.

33. Public Engines received a complaint from one of the law enforcement agencies it

contracts with that the data it was providing to Public Engines was showing up on the

SpotCrime.com website. The agency demanded to know why the information it understood was

being sourced exclusively by Public Engines and approved for display on the CrimeReports.com

website was being displayed on an unapproved website.

34. The IP address for the computer that was scraping Public Engines' site was

208.1 09.126.144. A Public Engines employee typed that IP address into a browser to determine

the person or business with whom it was associated and discovered that IP address resolved to

the SpotCrime.com website. Attached as Exhibit 5 is a portion of the log showing the IP address

for the computer that was scraping data from CrimeReports.com, and a page showing that IP

address is connected to SpotCrime.com.

35. This scraping started around March 19,2008, ifnot earlier, and continued through

early June 2008.

36. On June 16,2008, Public Engines, through its attorney, sent a letter to RepOliSee

demanding that it immediately cease and desist from any scraping of the CrimeReports.com

website. Among other things, Public Engines specifically advised ReportSee that scraping was a

violation of the Terms of Use of the CrimeReports.com website. A copy of that letter is

appended hereto as Exhibit 6.

37. In response, ReportSee's attorney contacted Public Engines' attorney, first by

voice mail and later by email, and confirmed that ReportSee would immediately cease any

scraping of the CrimeReports.com website. A copy of the email dated June 30, 2008 from

ReportSee's counsel to Public Engines' counsel is appended hereto as Exhibit 7. A transcript of

11379431.3

10

the voicemail dated June 24,2008 from ReportSee's counsel to Public Engines' counsel is

appended hereto as Exhibit 8.

38. After that exchange, to my knowledge, ReportSee's scraping of

CrimeReports.com was temporarily suspended.

E. ReportSee's Contacts with Public Engines' Law Enforcement Customers.

39. ReportSee, however, then resorted to other methods to obtain Public Engines'

proprietary infonnation. I am infonned and believe that ReportSee began contacting Public

Engines' law enforcement agency customers, demanding that they provide the data feed from

Public Engines' proprietary Publisher software - that is the De-Identified Data - directly to

ReportSee.

40. I am infolmed and believe that starting in the spring of 2009 and continuing to the

present, ReportSee has contacted at least 30 different law enforcement agencies on many

occasions who are customers of Public Engines for this purpose. I am infonned and believe that

ReportSee has contacted the Salt Lake City Police Department, the Salt Lake County Sheriffs

Office, and the Utah Attorney General's office, all of which are customers of Public Engines. I

am infonned and believe ReportSee has demanded that these agencies provide ReportSee with

the De-Identified Data processed through Public Engines' Publisher program.

41. I am infonned and believe that in making these demands, ReportSee has insisted

that it is entitled to this infonnation under various public records access laws when, in fact, those

laws do not require the agencies to provide this infonnation as demanded by ReportSee; in

particular, such public records access laws do not require the disclosure of De-Identified Data

that is the property of Public Engines. They have demanded that the agencies provide this

infonnation even though doing so would require reverse engineering Public Engines' software

and would constitute a breach of the agency's license agreement with Public Engines. I am

infonned and believe that ReportSee also has threatened to sue some of the agencies if they do

not provide the requested infonnation.

11379431.3

11

42. I am informed and believe that ReportSee stepped up these demands in the fall of

2009. Public Engines received a number of complaints from its law enforcement customers

about these contacts, and Public Engines has been required to devote substantial time and

resources to managing these complaints. Some agencies have advised Public Engines that

ReportSee has threatened to sue them to get access to this information; some have reported that

they have had to obtain legal counsel in order to respond to ReportSee's demands. At least one

Public Engines customer terminated its agreement as a result of ReportSee's demands.

43. In October 2009, I called ReportSee's Chief Executive Officer, Colin Drane, to

discuss ReportSee's inappropriate contacts with Public Engines' customers and interference with

Public Engines business. I advised Mr. Drane that these contacts were seriously damaging

Public Engines' business relationships and that Public Engines had lost at least one customer as a

result of them. I explained that the data ReportSee was demanding was unique to Public

Engines, was not publicly available, was uniquely improved by Public Engines, and was not

something the agencies were required or allowed to provide under public records laws.

44. Mr. Drane acknowledged that ReportSee had made these contacts, that ReportSee

was trying to get the information that was being sourced by Public Engines, and that ReportSee

would continue to pursue all means to get it. After explaining that ReportSee's behavior was,

putting the company in legal jeopardy and that Public Engines would enforce its rights, Mr.

Drane ultimately told me to "do what you need to do" and hung up the phone. On October 27,

2009, Public Engines' lawyer sent a letter to Mr. Drane demanding that ReportSee stop

interfering with Public Engines' business relationships, but Mr. Drane did not respond.

45. Public Engines continues to receive complaints from its law enforcement

customers about harassment from ReportSee and the demands it is making to obtain the data

sourced and uniquely improved by Public Engines as part of its contracts with its customers.

11379431.3

12

F. Irreparable Injury

46. The Declaration of Steve Meyers, which is filed and served with my declaration,

explains in detail ReportSee's resumption of scraping Public Engines' data beginning in late

2009, our efforts to block ReportSee's scraper, and ReportSee's efforts to circumvent these

measures. The bottom line is that every time Public Engines institutes a measure to prevent

ReportSee from scraping Public Engines' website, ReportSee responds with a more elaborate

strategy to conceal the identity of its scraper and circumvent all of our company's efforts. In

undertaking the measures described in Mr. Meyers's Declaration, Public Engines has incurred

losses over the last year well in excess of $5,000.

47. I believe that an injunction from this Court is the only means by which ReportSee

will be prevented from pennanently continuing to misappropriate and make commercial use of

the data Public Engines creates. If the Court does not issue a preliminary injunction against

ReportSee's scraping activities, Public Engines will suffer the following types of irreparable

lllJury:

(a) To prevent ReportSee's unauthorized use of Public Engines' data, Public

Engines will be required to undertake increasingly elaborate measures to block

ReportSee's scraper. Since scrapers are disguised to appear as members of the public

using web browsers, Public Engines runs the risk of blocking legitimate, authorized

members of the public having no ulterior motives from accessing CrimeReports.com,

which it is required to do by contract, thereby diminishing the value of our website to

both law enforcement agencies and the public.

(b) ReportSee's publication and commercial sale of data that Public Engines

has spent millions of dollars to create devalues our company's investment, diminishes the

value of the technology that created the data, and could ultimately destroy our company,

whose most valuable product is the data it offers to the public, in the form in which it is

offered.

11379431.3

13

(c) ReportSee's publication and commercial sale of Public Engines' data

diminishes and could ultimately destroy the good will our company has developed with

law enforcement agencies. Those agencies depend on our products to report crime data

to the public in near real time, and to do so accurately, without advertising, and without

editorial commentary. The agencies also expect to be able to exert some level of control

over what information is provided to the public through the De-Identified Data. Each

time ReportSee misappropriates and then sells our data without any of these limitations

or safeguards, our good will is diluted.

48. If ReportSee is not enjoined from contacting Public Engines' law enforcement

customers to solicit and threaten them regarding the disclosure of De-Identified Data created by

the Publisher program, I believe Public Engines will be irreparably injured in the following

respects.

(a) One or more law enforcement agencies will probably be persuaded to

disclose De-Identified Data rather than fight ReportSee in court, thereby diminishing the

value of the data to Public Engines.

(b) One or more law enforcement customers will probably be persuaded by

ReportSee's harassment to terminate their agreements with Public Engines to avoid legal

confrontations, just as one such agency has already done.

(c) ReportSee's solicitation and threats will probably require Public Engines

to incur the cost, expense and risk of good will involved in litigation against its own

customers to enforce the Terms of Use that prohibit the customer's disclosure of De­

Identified Data.

I hereby affirm that the foregoing information is truthful under penalty of perjury of the

laws ofthe United States.

11379431.3

14

11379431.3

DATED this~ day of April, 2010.

15

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing will be hand delivered to the following on

the 12th day of April, 2010:

ReportSee, Inc.300 East Lombard St., Suite 840Baltimore, MD 21202

11379431.3

16

1

PUBLIC ENGINES, INC.

TERMS OF SERVICE

This Terms of Service agreement (the "Agreement") is between Public Engines, Inc.("Public Engines") and the entity or organization ("Customer") named on one or moreOrder Forms (as defined below) for purchasing various Licensed Products and associatedsupport or other professional services from Public Engines, including, but not limited to,certain computer programs, documentation, and other proprietary material that belong toPublic Engines and its suppliers (collectively, "the Services"). Customer's use oftheServices is subject to Customer's acceptance of the terms and conditions of thisAgreement.

PLEASE READ THIS AGREEMENT CAREFULLY. BY CHECKING THE BOXINDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, AND: 1) CLICKINGSUBMIT; OR, 2) SIGNING THE ORDER FORM, OR OTHERWISE ACCESSING ORUSING THE SERVICES. THE PERSON PERFORMING SUCH ACTION (THE"INSTALLER") REPRESENTS AND WARRANTS THAT HE/SHE: (I) HAS READTHIS AGREEMENT AND UNDERSTANDS IT; AND, (II) IS AUTHORIZED TOENTER INTO THIS AGREEMENT ON BEHALF OF CUSTOMER AND BINDCUSTOMER TO THE TERMS OF THIS AGREEMENT. IF CUSTOMER DOES NOTAGREE TO ANY OF THE TERMS BELOW, OR INSTALLER DOES NOT HAVETHE REQUISITE AUTHORITY TO ENTER INTO THIS AGREEMENT, THENPUBLIC ENGINES IS NOT WILLING TO GRANT A LICENSE TO USE THESERVICES TO CUSTOMER, AND THE INSTALLER SHOULD CLICK ON THE"CANCEL" BUTTON AND MUST NOT ACCESS OR USE THE SERVICES.

1. BACKGROUND. Public Engines has developed Services (as further described below).Customer wishes to utilize the Services, and Public Engines desires to make the Servicesavailable to Customer subject to the following terms and conditions. In connection withthis Agreement, Customer shall execute one or more Public Engines order forms that wilIcontain provisions regarding fees, payment process, and other business terms (the "OrderFonn"). Once executed by the parties, any Order Form becomes part ofthis Agreement,and is incorporated by reference herein.

2. DEFINITIONS. All definitions below or elsewhere in this Agreement apply to boththeir singular and plural forms, as the context may require. The terms "herein","hereunder", and "hereof" and similar expressions refer to this Agreement.Notwithstanding anything to the contrary express or implied herein, all references in thisAgreement to the "sale" or "purchase" of software or Intellectual Property (definedbelow) shall only mean the sale or purchase of a license or sublicense, as the case maybe, to use such software or Intellectual Property pursuant to this Agreement. Capitalizedterms shall have the meanings set forth in this Section 2, or in the section where they arefirst used.

2.1 Administrator means Customer's designated system administrator who receivesadministrative logins for the Services and issues access rights to Customer's Users.2.2 Customer Data means Customer's data that is provided by Customer to PublicEngines hereunder to be processed via the Services.2.3 De-Identified Data means a copy of the Customer Data that has been incorporatedinto Public Engines' Systems, modified to remove the following information with respectto any particular victim, suspect, witness, officer or perpetrator: names, specific streetaddresses, criminal histories or arrest or investigative information.2.4 Documentation means the technical materials provided by Public Engines toCustomer in hard copy or electronic form describing the use and operation of theSoftware, including any technical manuals, but excluding any sales, advertising ormarketing materials or proposals.2.5 Effective Date is the "Effective Date" as indicated on the first Order Form executedby Customer, or as explicitly amended in writing by the parties hereto thereafter.2.6 Error means a failure ofthe Software to substantially conform to the Documentationthat is reported to Public Engines by Customer and which Public Engines can replicate.2.7 Error Corrections means bug fixes or workarounds intended to correct Errors in theSoftware and provided by Public Engines to Custom((f.2.8 Fees has the meaning set forth in Section 6.2.9 Help Resources means any resources, including online guides, documentation,tutorials or other services, which may be provided by Public Engines hereunder tosupport the System.2.10 Intellectual Property or Intellectual Property Rights means any and all now knownor hereafter existing: (a) rights associated with works of authorship, including copyrights,mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secretrights; (d) patents, patent rights, and industrial property rights; (e) layout-design rights,design rights, and other proprietary rights of every kind and nature; and (f) allregistrations, applications, renewals, extensions, or reissues of the foregoing, in each casein any jurisdiction throughout the world.2.11 Licensed Products means the various Software (whether hosted or installed atCustomer's site), including, as applicable, the Documentation, proprietary CrimeReportsPublisher, associated user interfaces, Help Resources (as defined above), and any relatedtechnology or other services Public Engines makes available via the System (as definedbelow) and the Internet, and all Updates and Upgrades thereto, if any, all as furtherdescribed in the Order Form(s).2.12 Software means the software programs delivered as part of the Licensed Products,and all Updates and Upgrades thereto, if any.2.13 Supported Environment means the minimum hardware, software, and connectivityconfiguration specified from time to time by Public Engines as required for use oftheServices. The current requirements are detailed online atwww.crimereports.comJrequirements.2.14 System means, collectively, the Software, servers and any other hardware orequipment operated by Public Engines and used in conjunction with the Services.2.15 Term has the meaning given in Section 7.1.

2.16 Updates means Error Corrections, and improvements or additions to the Softwarethat Public Engines may make available to Customer from time to time. Updates do notinclude Upgrades and will not result in the payment of additional fees by the Customer.2.17 Upgrades means improvements or enhancements that add new features or substantialadditional functionality to the Software which Public Engines determines, in its solediscretion, to provide to Customer subject to the payment ofadditional license fees and/oragreement on alternative licensing terms as approved by the Customer.2.18 Users means Customer's employees who are authorized to utilize the Services andwho will be provided access to the Services by virtue ofa password or the equivalentthereof. Users may be required to acknowledge and accept terms ofuse as a condition toand prior to access or use of Services. Users do not include any ofCustomer'sindependent contractors, agents, consultants, former employees, or any other individualsthat are not current employees of Customer under applicable law.

3. INTELLECTUAL PROPERTY.3.1 License Grant. Subject to the terms and conditions of this Agreement, Public Enginesgrants to Customer a limited, non-exclusive, non-transferable, revocable license duringthe Term, solely for Customer's internal business purposes and in accordance with thelimitations set forth in the Order Form(s), (a) to use, perform, and digitally display theSoftware solely as required for use of the Services and in accordance with theDocumentation; (b) to access, display, search, analyze, reformat, download, and printreports of any results generated by the authorized use of the Software solely as providedthrough the Services, and once downloaded, to modify the downloaded results foranalysis purposes; and (c) to use and reproduce a reasonable number of copies of theDocumentation solely to support Customer's use of the Services.3.2 Usernames and Passwords. Public Engines will provide each User a unique usernameand password to enable such Users to access the Licensed Products pursuant to thisAgreement. As applicable to certain Licensed Products, Public Engines may alternativelyprovide an Administrator with a unique username and password, which suchAdministrator will use to create and issue additional unique usernames and passwords forCustomer's additional Users. Public Engines reserves the right to change or update theseusername and passwords in Public Engines' sole discretion from time to time, with noticeto Customer. Each username and password may only be used to access the LicensedProducts during one (1) concurrent login session. Customer acknowledges and agrees thatonly Users are entitled to receive a username and password and to access the Services.Customer will provide to Public Engines information and other assistance as necessary toenable Public Engines to establish usernames for Users, and Customer will verify all Userrequests for account passwords. Customer will ensure that each username and passwordissued to a User will be used only by that User. Customer is responsible for maintainingthe confidentiality of all Users' usernames and passwords, and is solely responsible for allactivities that occur under these usernames. Customer agrees (a) not to allow a third partyto use its account, usemames or passwords at any time, and (b) to promptly notify PublicEngines customer support in writing of any actual or suspected unauthorized use of itsaccount, usemames or passwords, or any other breach or suspected breach of theobligations contained in this Section 3. Public Engines reserves the right to terminate anyusername and password which Public Engines reasonably determines may have been

used by an unauthorized third party or by any User or individual other than the User towhom such usemame and password was originally assigned.3.3 Restrictions on Use. Customer acknowledges that the Services, the structure,organization and source code of the foregoing, and the selection, compilation, andanalysis of all data in the Licensed Products constitute valuable Intellectual Property ofPublic Engines. Customer agrees that it will not, and will not permit any User or otherthird party to: (a) permit any third party to access the Licensed Products or use theServices, other than the Users authorized under this Agreement; (b) modify, adapt, alteror translate the Services, except as expressly allowed herein; (c) sublicense, lease, rent,loan, distribute, or otherwise transfer the Services to any third party; (d) reverse engineer,decompile, disassemble, or otherwise derive or determine or attempt to derive ordetermine the source code (or the underlying ideas, algorithms, structure or organization)of the Services; (e) use or copy the Services (including any Documentation) except asexpressly allowed under this Section 3; or (f) disclose or transmit any data contained inthe Services to any individual other than a User, except as expressly allowed herein. Thecopyright and all other Intellectual Property Rights in the Services are the sole andexclusive property ofPublic Engines or its suppliers. Customer acknowledges that theServices are extremely valuable, are confidential and proprietary to Public Engines, andhave been compiled by Public Engines through the expenditure of considerable time,effort and expense. Customer shall prevent the disclosure, dissemination, copying and useof the Licensed Products or any portion thereof in violation of the terms of thisAgreement. Except as expressly set forth herein, no express or implied license or right ofany kind is granted to Customer regarding the Services, or any part thereof, including anyright to obtain possession of any source code, data or other technical material relating tothe Services~ All rights not expressly granted to Customer are reserved to Public Engines.

4. DELIVERY, INSTALLATION, ACCEPTANCE. Public Engines will make theServices available to Customer via an online user interface within five (5) business daysafter the Effective Date. The Licensed Products will be deemed accepted upon thedelivery ofusemames and passwords to Customer as set forth in Section 3.2, providedthat such acceptance will not affect the warranties in Section 9. Ifusemames andpasswords have been issued to Customer prior to the Effective Date, the LicensedProducts will be deemed accepted on the Effective Date. Customer shall provide theCustomer Data to Public Engines in the form and format specified by Public Engines, oras otherwise agreed upon by the parties. From time to time during the Term, Customermay provide Public Engines with updates to the Customer Data (which may includerevised data files or directions regarding corrections of inaccuracies and/or requireddeletions) as Customer deems appropriate; whereupon Public Engines will use reasonableefforts to promptly implement Customer's requested changes and update the appropriatePublic Engines' database(s) accordingly. Additional charges may apply when PublicEngines' staff time is required for such corrections.

5. SUPPORT. Subject to Customer's payment of the Fees (as defined in Section 6),Public Engines will provide commercially reasonable support services for the Services asspecified in the Order Form(s).

6. PAYMENT. Customer will pay to Public Engines the fees set forth in the OrderForm(s) ("Fees"). In the event the number of Customer's employees exceeds themaximum number ofUsers for the organization size set forth in the Order Form(s) forwhich Fees have been paid, Customer shall be required to pay additional fees associatedwith the increased organizational size, prorated for the remainder of the Term. Except asotherwise provided in the Order Form(s), all Fees and other charges are due and payableto Public Engines within thirty (30) days after the date ofPublic Engines' invoice toCustomer. The Fees are exclusive of all applicable sales, use, value-added and othertaxes, and all applicable duties, tariffs, assessments, export and import fees, or othersimilar charges, and Customer will be responsible for payment of all such taxes (otherthan taxes based on Public Engines' income in the United States), fees, duties, andcharges and any related penalties and interest, arising from the payment of the Fees or thedelivery or license of the Licensed Products to Customer, except where exempted byapplicable Federal and/or State law. All costs and expenses incurred by Customer inconnection herewith are the sole responsibility of Customer. An administrative fee of$35.00 per invoice will be charged for any electronic transaction that is declined and anyreturned checks. In addition, any amounts not paid when due shall bear interest at anominal rate ofone and one half percent (1.5%) per month, or the maximum legal rate ifless. Public Engines shall be entitled to withhold performance and discontinue serviceuntil all amounts due are paid in full. Customer shall have ninety (90) days from receiptof an invoice to dispute any portion of the invoice, and any issue not raised by Customerin writing within ninety (90) days from receipt ofthe invoice is hereby irrevocablywaived by Customer.

7. TERM AND TERMINATION.7.1 Term. This Agreement commences on the Effective Date and remains in effect for thetime period indicated in the Order Form(s), or, ifno specific period is set forth in theOrder Form(s), then for a period of one (1) year thereafter (the "Initial Term") unlessearlier terminated in accordance with Section 7.2. This Agreement shall be automaticallyrenewed for consecutive one (1) year terms at then current rates unless either partyprovides written notice to the other of its intention not to renew at least one (1) day priorto the expiration of the term then in effect; provided that in the event that Public Enginesprovides written notice to Customer prior to the end ofthe Initial Term or any subsequentterm (which notice may take the form of the last invoice sent to Customer prior to the endof the applicable term then in effect) of an increase in the Fees to be charged toCustomer, such increase shall automatically take effect for the subsequent term unlessCustomer notifies Public Engines of its intention not to renew prior to the expiration ofthe term then in effect (in any such event Customer shall have at least fifteen (15) daysfollowing any such notice of an increase in Fees to notify Public Engines of its intentiopnot to renew for such additional period even if such additional period would haveotherwise commenced). The Initial Term and any renewals thereof shall be collectivelyreferred to as the "Term."7.2 Termination.(a) For Convenience. This Agreement may be terminated by Customer at any time forany reason upon: (i) thirty (30) days written notice to Public Engines and (ii) the paymentto Public Engines of fifty percent (50%) ofthe then remaining Fees due during the Initial

Term, or the then~current renewal term, as applicable, based on the then existing numberofUsers ("Termination Charge").(b) For Cause. This Agreement may be terminated immediately by either party: (i) uponthe material breach by the other party of any of such other party's obligations hereunder,which breach has not been cured within thirty (30) days after the breaching party hasreceived notice thereof; (ii) if all or a substantial portion of the assets of the other partyare transferred to an assignee for the benefit ofcreditors, to a receiver or to a trustee inbankruptcy, a proceeding is commenced by or against the other party for reliefunderbankruptcy or similar laws and such proceeding is not dismissed within sixty (60) days,or the other party is adjudged bankrupt; or (iii) immediately upon written notice ifCustomer (a) fails to make the payments specified under Section 6 when due for a secondtime in any calendar year or (b) violates the restrictions in Sections 3 or 8. Public Enginesmay terminate this Agreement immediately upon written notice to Customer if Customerundergoes a change in control, or sells all or substantially all of its assets or shares to athird party without the written consent ofPublic Engines.(c) For Discontinuation of the Services. This Agreement may be terminated by PublicEngines, without liability to Customer, upon thirty (30) days' written notice to Customer,ifPublic Engines discontinues offering the Services on a general commercial basis.Customer shall not owe Public Engines a Termination Charge if Public Enginesterminates this Agreement for discontinuation of the Services. In the event of suchtermination, Public Engines shall reimburse Customer for the Fees prepaid by Customerfor the remaining portion of the applicable term, if any.7.3 Effect ofTermination. Upon termination of this Agreement for any reason, anyamounts owed to Public Engines under this Agreement before such termination (whichshall include all fees for the remaining portion ofthe Initial Term or then-current renewalTerm except if this Agreement is terminated: (i) for cause by Customer, (ii) pursuant toSection 7.2(a) in which case solely the applicable Termination Charge shall apply or (iii)pursuant to Section 7.2(c)) will be immediately due and payable, all licenses (exceptlicenses granted pursuant to Section 8.4, which shall continue as set forth in such Section)granted herein shall immediately terminate, and each party shall return to the other allproperty (including any Confidential Information) of the other party in its possession orcontrol. Public Engines will promptly cease performing all Services (and all otherservices which may have been agreed upon by the parties) and all Customer and Useraccess to the Services shall be immediately terminated by Public Engines.Notwithstanding the foregoing, provided that Customer is not in breach and has made allpayments required under Section 6, Customer may request and receive from PublicEngines a text file copy of all Customer Data in an "as is and with all faults" condition.All payment obligations of Customer, and Sections 2,3.3,8.2, 8.3, 8.4, 9, 10 and 11 shallsurvive any termination or expiration ofthis Agreement.

8. CONFIDENTIALITY AND NON-DISCLOSURE.8.1 Confidential Information. During the Term of this Agreement, each party (the"Disclosing party") may provide the other party (the "Receiving party") with certaininformation regarding the Disclosing party's business, technology, products, or servicesor other confidential or proprietary information (collectively, "ConfidentialInformation"). The Disclosing party will mark all Confidential Information in tangible

form as "confidential" or "proprietary" or other similar legend and identify allConfidential Information disclosed orally as confidential at the time of disclosure andprovide a written summary of such Confidential Information within thirty (30) days aftersuch oral disclosure. Regardless ofwhether so marked or identified, the Services and allenhancements and improvements thereto will be considered Confidential Information ofPublic Engines, and all Customer Data (excluding De-Identified Data) will be consideredConfidential Information of Customer.8.2 Protection of Confidential Information. The Receiving party agrees that it will not useor disclose to any third party any Confidential Information of the Disclosing party, exceptas expressly permitted under this Agreement. The Receiving party shall use theDisclosing party's Confidential Information solely for the purpose ofperforming suchparty's obligations hereunder, or receiving the benefits ofthis Agreement as expressly setforth herein. The Receiving party will limit access to the Confidential Information toUsers (with respect to Customer) or to those employees who have a need to know, whohave confidentiality obligations no less restrictive than those set forth herein, and whohave been informed of the confidential nature of such information (with respect to PublicEngines). In addition, the Receiving party will protect the Confidential Information fromunauthorized use, access, or disclosure in the same manner as it protects its ownproprietary information of a similar nature, and in no event with less than reasonablecare. At the Disclosing party's request or upon termination of this Agreement, theReceiving party will return to the Disclosing party or destroy (or permanently erase in thecase of electronic files) all copies of the Confidential Information that the Receivingparty does not have a continuing right to use under this Agreement, and the Receivingparty shall provide to the Disclosing party a written affidavit certifying compliance withthis sentence.8.3 Exceptions. The confidentiality obligations set forth in Section 8.2 will not apply toany information that the Receiving party can demonstrate: (a) becomes generallyavailable to the public through no fault of the Receiving party; (b) is lawfully provided tothe Receiving party by a third party free of any confidentiality duties or obligations; (c)was already known to the Receiving party at the time of disclosure; or (d) and can prove,by clear and convincing evidence, was independently developed by employees andcontractors of the Receiving party who had no access to the Confidential Information. Inaddition, the Receiving party may disclose Confidential Information to the extent thatsuch disclosure is necessary for the Receiving party to (i) enforce its rights under thisAgreement or (ii) as required by law or by the order of a court or similar judicial oradministrative body, provided that the Receiving party promptly notifies the Disclosingparty in writing of such required disclosure and cooperates with the Disclosing party toseek an appropriate protective order.8.4 Ownership. The Services, Licensed Products, Public Engines' ConfidentialInformation, and all other materials provided to Customer by Public Engines hereunder,including all man.uals, reports, records, programs, data and·other materials, and allIntellectual Property Rights in each of the foregoing are the exclusive property ofPublicEngines and its suppliers. Customer acknowledges that Public Engines owns or has theright to license use of the Services in accordance with the terms hereof, and all right(including all Intellectual Property Rights), title, and interest in and to are and shallremain vested in Public Engines or its third party licensors. Except for the limited license

granted herein, Customer does not claim and shall not assert any right, title, or interest, orother ownership or proprietary rights, in or to the Services or Licensed Products.Customer shall take no action that jeopardizes Public Engines' rights, and shall keep the

.Services and Licensed Products free and clear of all claims, liens, and encumbrances.Customer shall at all times exclusively own all right, title, and interest in and to itsConfidential Information, including all original Customer Data (but not including the De­Identified Data), and nothing in this Agreement shall be construed as limiting orrestricting Customer's ability to make further use of such Customer Data as Customerdeems appropriate. Customer understands and agrees that Public Engines will include theDe-Identified Data in the Public Engines' database(s) which form part of the Services,and that all such De-Identified Data shall be owned solely and exclusively by PublicEngines without any limitation or restriction whatsoever. For avoidance of doubt, PublicEngines' ownership rights shall only extend to the De-Identified Data, not to CustomerData as it is originally provided to Public Engines hereunder. To the extent any De­Identified Data is not owned solely and exclusively by Public Engines following theEffective Date and without limiting the generality of this Section 8.4, Customer herebygrants to Public Engines a non-exclusive, worldwide, perpetual, royalty-free, fully paid­up and irrevocable right and license to incorporate such De-Identified Data into PublicEngines' applications and databases (the "Incorporated Customer Data"), and to use,reproduce, display, modify, create derivative works of, distribute (through multiple tiers),and sublicense such Incorporated Customer Data, for any purpose (including, withoutlimitation, purposes outside the scope ofthis Agreement) without any limitation orrestriction whatsoever.

9. LIMITED WARRANTY. Public Engines warrants to Customer that, during the Term,the Services will operate substantially in accordance with the Documentation. Thislimited warranty shall not apply to problems that result from: (i) factors outside of PublicEngines' reasonable control; (ii) any failure by Customer to comply with this Agreement;(iii) any failure by Customer to use the Services in accordance with the Documentation orother instructions provided to Customer by Public Engines; (iv) any unauthorized use ofthe Services; (v) Customer's or any third party's hardware, software, and equipment; (vi)Customer errors in entering, analyzing, or reporting data; (vii) the fault or negligence ofCustomer, Users, operator error, improper use or misuse of the Services, or any othercauses external to the Services or Public Engines; or (viii) downtime as a result ofscheduled maintenance performed by or for Public Engines. In the event of a breach ofthe foregoing warranty, Customer's sole and exclusive remedy, and Public Engines' onlyobligation, at Public Engines' discretion, will be to repair or replace the nonconformingSoftware within thirty (30) days after Public Engines receives Customer's written noticeof the material nonconformity, or if Public Engines determines that it is not commerciallyfeasible to repair or replace the Software, Public Engines will refund the amount of anyFees actually paid by Customer to Public Engines under this Agreement for the previousthree (3) months. Any Updates or Upgrades provided to Customer hereunder shall bewarranted to the same extent as the Software.

10. DISCLAIMERS AND LIMITATION OF LIABILITY.

10.1 Disclaimer. THE LIMITED WARRANTY SET FORTH IN SECTION 9 IS MADEFOR THE BENEFIT OF CUSTOMER ONLY. EXCEPT AS EXPRESSLY PROVIDEDIN SECTION 9, THE LICENSED PRODUCTS AND SERVICES ARE PROVIDEDliAS IS," AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLELAW, PUBLIC ENGINES MAKES NO (AND HEREBY DISCLAIMS ALL) OTHERWARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN,ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIEDWARRANTIES OF MERCHANTABILITY, TITLE, AGAINST INFRINGEMENT, ORFITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE,MISUSE, OR INABILITY TO USE THE LICENSED PRODUCTS OR SERVICES (INWHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDEDTO CUSTOMER BY PUBLIC ENGINES, WITH RESPECT TO ANYUNAUTHORIZED USE OR MISUSE OF ANY DATA OR INFORMATIONGENERATED OR COMMUNICATED PURSUANT TO THIS AGREEMENT, OROTHERWISE UNDER THIS AGREEMENT. WITHOUT LIMITING THEFOREGOING, PUBLIC ENGINES DOES NOT WARRANT THAT ALL ERRORSCAN BE CORRECTED, OR THAT OPERATION OF THE LICENSED PRODUCTSAND SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE.10.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDERAPPLICABLE LAW, EXCEPT FOR ANY BREACH BY CUSTOMER OF THELICENSE RESTRICTIONS HEREUNDER, OR TO SATISFY CUSTOMER'SINDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALLPUBLIC ENGINES OR CUSTOMER, OR ANY PARENT, SUBSIDIARY,AFFILIATE, OR SUPPLIER OF THE FOREGOING BE LIABLE TO THE OTHERPARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, ORCONSEQUENTIAL DAMAGES, INCLUDING DAMAGES OR COSTS DUE TOLOSS OF PROFITS, DATA, USE OR GOODWILL, PERSONAL OR PROPERTYDAMAGE REGARDING THIS AGREEMENT OR RESULTING FROM OR INCONNECTION WITH PUBLIC ENGINES' PERFORMANCE HEREUNDER OR THEUSE, MISUSE, OR INABILITY TO USE THE LICENSED PRODUCTS ORSERVICES OR OTHER PRODUCTS OR SERVICES HEREUNDER, REGARDLESSOF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER INTORT, CONTRACT, OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEENNOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. TO THEMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW: (I) IN NO EVENTSHALL PUBLIC ENGINES BE LIABLE FOR PROCUREMENT COSTS OFSUBSTITUTE PRODUCTS OR SERVICES; (II) IN NO EVENT SHALL PUBLICENGINES BE LIABLE FOR ANY UNAUTHORIZED USE OR MISUSE OF ANYDATA OR INFORMATION GENERATED OR COMMUNICATED PURSUANT TOTHIS AGREEMENT, EXCEPT IN CASES OF PUBLIC ENGINES' GROSSNEGLIGENCE WITH RESPECT TO SUCH USE OR MISUSE; AND (III) THECUMULATIVE LIABILITY OF PUBLIC ENGINES, ARISING OUT OF OR IN ANYWAY CONNECTED TO THIS AGREEMENT, REGARDLESS OF THE THEORY OFLIABILITY OR CAUSE OF ACTION, SHALL NOT EXCEED THE FEES PAID BYCUSTOMER TO PUBLIC ENGINES FOR THE PREVIOUS THREE (3) MONTHS.

THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILLNOT INCREASE A PARTY'S LIABILITY IN EXCESS OF THE FOREGOING.10.3 Basis of the Bargain. The parties agree thatSection 9 shall survive and continue infull force and effect despite any failure of consideration or ofan exclusive remedy. Theparties acknowledge that the prices have been set and the Agreement entered into inreliance upon these limitations of liability and that all such limitations form an essentialbasis of the bargain between the parties.

11. INDEMNIFICATION. To the extent permitted by applicable law, Customer willdefend at its expense any suit brought against Public Engines and will pay any settlementCustomer makes or approves or any damages finally awarded in such suit insofar as suchsuit is based on a claim by any third party based upon, resulting from or related to: (a)Customer's and its Users' use of the Services, including any search, analysis, report orconclusion generated from the Services; or (b) any improper or unauthorized use of theServices by Customer, including its Users. Customer's obligation as set forth in theforegoing sentence is expressly conditioned upon each of the foregoing: (i) PublicEngines shall promptly notify Customer in writing ofany threatened or actual claim orsuit; (ii) Customer shall have sole control of the defense or settlement of any claim orsuit, except that Customer may not, without Public Engines' prior written consent, enterinto any settlement that does not unconditionally release Public Engines from liability;and (iii) Public Engines shall cooperate with Customer to facilitate the settlement ordefense of any claim or suit.

12. GENERAL PROVISIONS.12.1 Compliance With Laws. Customer will comply with all applicable export and importcontrol laws and regulations in its use of the Licensed Products and, in particular,Customer will not export or re-export the Licensed Products without Public Engines'prior written consent, and, if such consent is granted, without Customer first obtaining allrequired United States and foreign government licenses. Customer further agrees tocomply with all applicable laws and regulations in providing the Customer Data to PublicEngines, and Customer warrants and represents to Public Engi~es that Customer has allrights necessary to provide such Customer Data to Public Engines for the uses ascontemplated hereunder. Customer shall obtain at its expense all necessary licenses,permits and regulatory approvals required by any and all governmental authorities as mayfrom time to time be required in connection with its activities related to this Agreement.To the extent permitted by applicable law, Customer will defend, indemnify, and holdharmless Public Engines from and against any violation of such laws or regulations byCustomer or any of its agents, officers, directors, or employees.12.2 Assignment. Customer may not assign or transfer, by operation of law or otherwise,any of its rights under this Agreement to any third party, or transfer any of the licenserights granted hereunder, without the prior written consent ofPublic Engines, whichconsent shall not be .unreasonably withheld or delayed. Any attempted assignment ortransfer in violation of the foregoing will be void. Public Engines may freely assign thisAgreement, or subcontract or otherwise delegate its obligations hereunder, in whole or inpart, to any third party, provided that such third party assignee agrees in writing to bebound by the terms hereof; and further provided, with respect to any such delegation or

subcontracting of any ofPublic Engines' duties hereunder, Public Engines shall remainobligated to Customer for performance of such duties as set forth herein. Subject to theforegoing, this Agreement shall inure to the benefit of each party's successors andpermitted assigns.12.3 Counterparts, Fax Signatures. This Agreement may be executed in any number ofcounterparts, each of which shall be deemed an original, but all of which together shall bedeemed to constitute one and the same instrument. The parties hereby agree thatsignatures transmitted and received via facsimile or other electronic means shall betreated as original signatures for all purposes of this Agreement.12.4 Force Majeure. Except for obligations ofpayment, neither party shall be liable forany delay or failure in performing hereunder if such failure arises, directly or indirectly,out of causes beyond the reasonable control of such party, including acts of strike,shortages, failure of suppliers, riots, insurrection, fires, floods, storms, earthquakes, actsof God, war, government action, labor conditions, lightning, power surges or failures,terrorism, failure oftelecommunications services (including the Internet), or acts oromissions of communications carriers. Performance shall be deferred until such cause ofdelay is removed, provided that the delayed party shall notify the other party of suchoccurrence.12.5 Notices. All notices or other communications required hereunder shall be made inwriting and shall be deemed to be effectively given ifmade as follows: (a) ifhanddelivered, when received; (b) ifmailed, three (3) days after being deposited postageprepaid in the United States mail or its equivalent, and sent via certified mail, returnreceipt requested, or its equivalent; (c) if faxed, on the date of the sending party's receiptof confirmation of transmission; or (d) ifmailed for overnight delivery, when deliveredby the overnight carrier. Each party may change its notices address by giving notice inthe manner set forth herein. Customer agrees to promptly notify Public Engines in writingof any breach or suspected breach of this Agreement.12.6 Press Releases, Joint Marketing, Advertising. Either party shall be free to advertiseand publicize the existence of this Agreement and the general nature of the parties'relationship. .12.7 Construction. The headings of Sections of this Agreement are for convenience andare not to be used in interpreting this Agreement. As used in this Agreement, the word"including" means "includingbut not limited to". This language of this Agreement shallnot be construed in favor of or against either party.12.8 Governing Law. This Agreement will be governed by the laws of the State of Utahwithout regard to conflict of laws principles, or any other principles that would result inthe application of a different body oflaw. The United Nations Convention on Contractsfor the International Sale of Goods does not apply to this Agreement.12.9 Remedies. Customer acknowledges that the Licensed Products contain valuabletrade secrets and proprietary information of Public Engines, that any actual or threatenedbreach of Section 3 will constitute immediate, irreparable harm to Public Engines forwhich monetary damages would be an inadequate remedy, and that injunctive relief is anappropriate remedy for such breach. Notwithstanding anything in this Agreement to thecontrary, Public Engines reserves the right to obtain injunctive relief and any otherappropriate remedies from any court of competent jurisdiction in connection with anyactual, alleged, or suspected breach of Section 3, infringement, misappropriation or

violation ofPublic Engines' Intellectual Property Rights, or the unauthorized use ofPublic Engines' Confidential Infonnation. Any such action or proceeding may be broughtin any court of competent jurisdiction. Except as otherwise expressly provided in thisAgreement, the parties' rights and remedies under this Agreement are cumulative.12.10 Inspections. Customer will pennit Public Engines or its representatives to reviewCustomer's relevant records and inspect Customer's facilities to ensure compliance withthis Agreement. Public Engines will give Customer at least twenty (20) days advancenotice of any such inspection and will conduct the same during normal business hours ina manner that does not unreasonably interfere with Customer's nonnal operations. If anysuch audit should disclose any underpayment offees, Customer shall promptly payPublic Engines such underpaid amount, together with interest thereon at the rate specifiedin Section 6. In addition to the foregoing, if the amount of such underpayment exceedsfive percent (5%) of fees actually paid, then Customer shall immediately reimbursePublic Engines for Public Engines' expenses associated with such audit.12.11 Independent Contractors. Public Engines and Customer are independentcontractors under this Agreement, which shall not be construed to create any employmentrelationship, partnership, joint venture, franchisor-franchisee or agency relationship, or toauthorize any party to enter into any commitment or agreement binding on the other partyexcept as expressly stated herein. The parties have no authority to make statements,warranties, or representations or to create any liabilities on behalf of the other.12.12 Severability; Waiver. If any provision of this Agreement is found to be invalid orunenforceable, the remaining provisions shall remain in full force and effect, and thisAgreement shall be deemed amended to replace, to the extent legally permitted, the rightsand obligations contained in such invalid or unenforceable provision. Except as otherwiseprovided, any failure or delay by either party hereto to detect, protest, or remedy anybreach of this Agreement, or to exercise (or any single or partial exercise of) any right orremedy shall not constitute a waiver or impairment of any such tenn or condition, or bedeemed a waiver of any further, prior, or future right or remedy hereunder. Except asotherwise provided, a waiver may only occur pursuant to the prior written expresspermission ofan authorized officer of the other party. The parties agree and acknowledgethat the restrictions contained in this Agreement are: (i) inherently reasonable in allrespects; (ii) material and bargained for terms of this Agreement; (iii) materialinducement for each party's decision to enter into this Agreement and each party isrelying thereon; (iv) necessary to protect each party's legitimate interests in this arm'slength commercial transaction; (v) necessary to prevent the inevitable disclosure andimproper use of each party's Confidential Information; (vi) reasonable in geographicscope given that the scope of business activities contemplated under this Agreement; and(vii) if enforced, will not cause any undue hardship to either party nor prevent either partyfrom continuing its business operations generally. If any provision of this Agreement isunenforceable, such provision will be changed and interpreted to accomplish theobjectives of such provision to the greatest extent possible under applicable law and theremaining provisions will continue in full force and effect.12.13 Updates to Terms of Service. This Agreement may be modified by Public Enginesas needed, upon written notice to Customer via presentation ofsuch updated terms (the"Updated Terms") in connection with Customer's use of the Services and acceptance ofsuch Updated Terms by Customer, which acceptance shall be deemed to have been given

by Customer by Customer's continuing to use the Services. In the event that Customerdoes not accept the Updated Terms, Customer shall notify Public Engines within ten (10)days ofreceiving notice ofUpdated Terms from Public Engines, provided that in suchevent Public Engines shall have a right to terminate this Agreement in the manner setforth in Section 7.2(c) regardless of actual discontinuation of Services.12.14 Prior Agreements. In the event Customer has previously executed a MasterSubscription Agreement or equivalent agreement ("Previous Agreement"), thisAgreement replaces and supersedes any Previous Agreement, and incorporates byreference any Order Forms previously executed by Customer into this Agreement, uponacceptance of this Agreement by Customer.12.15 Entire Agreement. This Agreement and the Order Form(s) together are a bindingcontract and constitute the entire agreement and understanding of the parties, whetheroral or written, relating to the subject matter hereof; are intended as the parties' finalexpression and complete and exclusive statement of the terms hereof, superseding allprior or contemporaneous agreements, representations, communications, promises andunderstandings, whether written or oral; and may be amended or modified only by aninstrument in writing signed by both parties.

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Terms Of UseAgreement between User and Public Engines, Inc. SCHEDULE A

Welcome to Public Engines' web site. Public Engines' web site is comprised of variousweb sites and web pages operated by Public Engines or its business partners ("Partners").These include: www.crimereports.com. www.publicengines.com as well as other websites we may add in the future (collectively the "Public Engines Sites").

With respect to your access and use of the Public Engines Sites, Public Engines providesits services to you, subject to the following Terms of Use ("TOU"), which may beupdated by Public Engines from time to time without notice to you, and which updatesbecome effective when posted. You are responsible for regularly reviewing these tennsand conditions.

In addition, when using particular Public Engines web sites or services, you and PublicEngines shall be subject to any posted guidelines or rules applicable to such sites orservices which may be posted from time to time. All such guidelines or rules are herebyincorporated by reference into these TOU. In the event that any of the terms, conditions,and notices contained herein conflict with such guidelines or rules, then these ternlS shallcontrol.

You agree to be bound by these TOU, and indicate such agreement by any access or useof Public Engines Sites and services. Your use of any Public Engines Site or servicedemonstrates and manifests your assent to this Agreement. If you do not agree to thisAgreement, do not access and use the Public Engines Sites and services.

1. PERMITTED USE. Subject to these TOU, Public Engines hereby grants you theright to access and use the Public Engines Sites solely for the following purposes:(i) if you are accessing the Public Engines Sites as an individual, then any and alluse of the Public Engines Sites is for your personal, non-commercial use only; or(ii) if you are accessing the Public Engines Sites on behalf of a business entity,then any and all use of the Public Engines Sites must be for such business entity'sinternal business purposes in connection with the establishment or continuation ofa business relationship with Public Engines. You shall not (iii) send or otherwisepost unauthorized commercial communications (such as spam) on any PublicEngines Site; (iv) collect content or information, or otherwise access any PublicEngines Sites, using automated means (such as harvesting bots, robots, spiders, orscrapers) or by bypassing the site's user interface without our permission; (v)upload viruses or other malicious code to any Public Engines Site; (vi) doanything that could disable, overburden, or impair the proper working of anyPublic Engines Site, such as a denial of service attack; or (vii) facilitate orencourage any violations of this Agreement. Public Engines retains all rights withrespect to the Public Engines Sites except those expressly granted to you in thisAgreement. Except as expressly permitted hereunder, you agree not to duplicate,publish, modify, or otherwise distribute the material on the Public Engines Sites

Exhibit 1: Terms ofUse for Law Enforcement Agencies

Terms Of UseAgreement between User and Public Engines, Inc. SCHEDULE A

Welcome to Public Engines' web site. Public Engines' web site is comprised of variousweb sites and web pages operated by Public Engines or its business partners ("Partners").These include: www.crimereports.com. www.publicengines.com as well as other websites we may add in the future (collectively the "Public Engines Sites").

With respect to your access and use of the Public Engines Sites, Public Engines providesits services to you, subject to the following Terms ofUse (nTOU"), which may beupdated by Public Engines from time to time without notice to you, and which updatesbecome effective when posted. You are responsible for regularly reviewing these termsand conditions.

In addition, when using particular Public Engines web sites or services, you and PublicEngines shall be subject to any posted guidelines or rules applicable to such sites orservices which may be posted from time to time. All such guidelines or rules are herebyincorporated by reference into these TOU. In the event that any of the terms, conditions,and notices contained herein conflict with such guidelines or rules, then these terms shallcontrol.

You agree to be bound by these TOU, and indicate such agreement by any access or useofPublic Engines Sites and services. Your use of any Public Engines Site or servicedemonstrates and manifests your assent to this Agreement. If you do not agree to thisAgreement, do not access and use the Public Engines Sites and services.

1. PERMITTED USE. Subject to these TOU, Public Engines hereby grants you theright to access and use the Public Engines Sites solely for the following purposes:(i) if you are accessing the Public Engines Sites as an individual, then any and alluse of the Public Engines Sites is for your personal, non-commercial use only; or(ii) if you are accessing the Public Engines Sites on behalf of a business entity,then any and all use of the Public Engines Sites must be for such business entity'sinternal business purposes in connection with the establishment or continuation ofa business relationship with Public Engines. You shall not (iii) send or otherwisepost unauthorized commercial communications (such as spam) on any PublicEngines Site; (iv) collect content or information, or otherwise access any PublicEngines Sites, using automated means (such as harvesting bots, robots, spiders, orscrapers) or by bypassing the site's user interface without our permission; (v)upload viruses or other malicious code to any Public Engines Site; (vi) doanything that could disable, overburden, or impair the proper working of anyPublic Engines Site, such as a denial of service attack; or (vii) facilitate orencourage any violations of this Agreement. Public Engines retains all rights withrespect to the Public Engines Sites except those expressly granted to you in thisAgreement. Except as expressly permitted hereunder, you agree not to duplicate,

publish, modify, or otherwise distribute the material on the Public Engines Sitesunless specifically authorized in writing by Public Engines to do so. You agreenot to frame, or assist third parties in framing, any of the web pages contained inthe Public Engines Sites. Such framing is strictly prohibited under thisAgreement. The content and software on the Public Engines Sites are theproprietary property ofPublic Engines and/or its suppliers and Partners and areprotected by U.S. and international copyright and other intellectual property laws.Public Engines and CrimereReports.com are the trademarks ofPublic Engines.The names of actual companies and products listed on the Public Engines Sitesmay be the trademarks of their respective owners.

2. LINKS TO THIRD PARTY SITES. The Public Engines Sites may contain linksor produce search results that reference links to third party web sites ("LinkedSites"). Public Engines has no control over these Linked Sites or the contentwithin them. Public Engines cannot and does not guarantee, represent, or warrantthat the content contained in the Linked Sites, including, without limitation otherlinks, is accurate, legal, and/or inoffensive. Public Engines does not endorse thecontent of any Linked Site, nor do we warrant that a Linked Site will not containcomputer viruses or other harmful code that can impact your computer or otherweb access device. By using the Public Engines Sites to search for or link toanother site, you agree and understand that such use is entirely at your own risk,and that you may not make any claim against Public Engines for any damages orlosses whatsoever resulting from such use. However, if you experience a problemwith a Linked Site, please let us know at legal@publicengines.com, and we willinvestigate the link and take appropriate action.

3. NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of thePublic Engines Sites, you warrant to Public Engines that you will not use thePublic Engines Sites for any purpose that is unlawful or prohibited by these TOU.You agree not to use the Public Engines Sites in any manner which could damage,disable, overburden, or impair the Public Engines Sites or interfere with any otherparty's use and enjoyment of the Public Engines Sites. You may not obtain orattempt to obtain any materials or information through any means notintentionally made available or provided for through the Public Engines Sites.

4. PRIVACY AND DISCLOSURE OF INFORMATION. We believe that yourprivacy and the privacy of all our users is important. Please review our PrivacyPolicy. If you post any content to the Public Engines Sites, by electronic mail orotherwise, we will treat it as non-confidential and non-proprietary to you. Byposting any content on the Public Engines Sites, you authorize us to use and allowothers to use, distribute; and reproduce the content.Public Engines reserves the right at all times to disclose any information asnecessary to satisfy any applicable law, regulation, legal process or governmentalrequest, or to edit, refuse to post, or to remove any information or materials, inwhole or in part, in Public Engines's sole discretion.

5. OWNERSHIP OF USER SUBMITIED CONTENT. You agree that any and allinformation and content that you provide to the Public Engines Sites becomes theexclusive property ofPublic Engines, and you irrevocably assign all rights ofownership, including, without limitation, intellectual property rights, to PublicEngines upon submission of the information and content. You represent andwarrant that you are the owner of such information and content and are authorizedto make such assignment ofrights.

6. OWNERSHIP OF LAW ENFORCEMENT AGENCY SUBMITIEDCONTENT.All informationprovided by a law enforcement agency is offered andowned by that law enforcement agency. Unless otherwise indicated by the lawenforcement agency, all data will be retained by Public Engines, Inc. and remainaccessible by the general public in accordance with the provisions of thisAgreement. However, the law enforcement agency shall have the right to causePublic Engines, Inc. to archive (remove from view) and purge (remove fromdatabase) all of its agency data at the agency's request.

7. WARRANTY DISCLAIMER. Public Engines does not promise that the PublicEngines Sites will be error-free, uninterrupted, nor that the Public Engines Siteswill provide specific results from your use of any content, search or link on them.The Public Engines Sites and all content contained within them are delivered onan ·"AS IS" and "AS AVAILABLE" basis. Public Engines does not warrant orrepresent that files you download from the Public Engines Sites will be free ofviruses or other harmful features. Public Engines DISCLAIMS ALLWARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIEDWARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, ANDFITNESS FOR A PARTICULAR PURPOSE.

8. LIMITAnON OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDINGBUT NOT LIMITED TO BREACH OF CONTRACT, TORT ORNEGLIGENCE, WILL Public Engines, OR ITS AFFILIATES ANDPARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, ORCONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THATARISE OUT OF OR ARE RELATED TO YOUR USE OF THE Public EnginesSITES. IN NO EVENT SHALL Public Engines'S AGGREGATE LIABILITY,OR THE AGGREGATE LIABILITY OF Public Engines'S AFFILIATES ANDPARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATEDTO OR ARISING OUT OF THE Public Engines SITES EXCEED THEGREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOUTO Public Engines FOR ACCESSING THIS SITE; OR (B) TEN U.S.DOLLARS ($1 O.pO).

9. ADDITIONAL REPRESENTATIONS AND WARRANTIES You represent,warrant, and covenant that (a) you have the power and authority to enter into thisAgreement; (b) you are at least eighteen (18) years of age; and, (c) you will onlyuse the Public Engines Sites in accordance with these TOU.

10. INDEMNITY. You agree to indemnify and hold Public Engines and its Partners,affiliates, officers, directors, agents, and employees harmless from any liability tothird parties, including reasonable attorney's fees, arising from or related to yourbreach of this Agreement, or the documents it incorporates by reference, or yourviolation of any law or the rights of a third party.

11. IRREPARABLE HARM AND INJUNCTNE RELIEF. The Public Engines Sitesand the information and content made available through such Sites is the result ofenonnous investment by Public Engines in collecting, fonnatting, organizing andpresenting a wide range of infonnation in the public interest for its users under theterms of this Agreement. By using the Public Engines Sites, you herebyacknowledge and recognize the uniqueness of the services provided by the PublicEngines Sites and Public Engines's substantial investments in such Sites asdescribed herein, such that a violation of Section 1 of this Agreement by you willresult in irreparable hann to Public Engines for which money damages or otherlegal remedies may not adequately compensate. Accordingly, in the event of aviolation of Section 1, Public Engines shall be entitled to equitable remedies,including without limitation preliminary and permanent injunctive relief, and youexplicitly agree that Public Engines will not be required to make a showing ofirreparable harm or to post or secure a bond in order to obtain such relief.

12. DESIGNATED AGENT FOR ALLEGED COPYRIGHT INFRINGEMENT.Public Engines respects the intellectual property of others, and we ask you to dothe same. If you believe some content on the Public Engines Sites has been copiedin such as way to constitute copyright infringement, please contact our DesignatedAgent below:

Public Engines, Inc11781 S. Lone Peak Parkway, Suite 200Draper, Utah 84020(801) 828-2700legal@publicengines.com

13. GENERAL. This Agreement shall be governed in all respects by the laws of theState of California, USA without giving effect to its conflict of laws provisions, orany other provisions that would result in the application of a different body oflaw. Both parties submit to personal jurisdiction by and venue in the state andfederal courts in the State of Utah, County of Salt Lake, USA, and further agreethat any cause of action arising under or relating to this Agreement or your use ofany Public Engines Site shall be brought exclusively in such venue.Notwithstanding the foregoing, Public Engines may, at any time, seek injunctiveor other equitable relief, wherever it deems appropriate, to protect or enforce itsrights under this Agreement. In the event of any dispute between you and PublicEngines arising under or relating to this Agreement or your use ofany PublicEngines Site, in which Public Engines is the prevailing party, you agree that you

will pay Public Engines' reasonable attorneys' fees in connection with PublicEngines' commencement and prosecution of the action, and, if applicable, itsdefense of claims you may bring against Public Engines. If any provision of thisAgreement is held to be invalid or unenforceable, such provision shall be struckand the remaining provisions shall be enforced. Headings are for referencepurposes only and in no way define, limit, construe or describe the scope or extentofsuch section. Public Engines's failure to act with respect to a breach by you orothers does not waive its right to act with respect to subsequent or similarbreaches. This Agreement and the terms and conditions contained herein setsforth the entire understanding and agreement between us with respect to thesubject matter hereof, and supersedes any prior or contemporaneousunderstanding whether in written or oral form.

4

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June 16, 2008

VIA FEDERAL ExPRESS

Colin DraneReportSee, Inc.300 E. Lombard St.Suite 840Baltimore, MD 21202

Re: Your Unauthorized Access and Use of Public Enginas, Inc.'swww.crimereports.comWeb Site

Dear NAME:

Benjamin F. Chapman

T: (858) 550-6033bchapman@cooley.com

It has come to Public Engines, Inc.'s ("Public Engines") attention that you have accessed itswww.crimereports.com web site, and taken information off their web site (or scrapedinformation), which you have used for your own purposes in connection with yourwww.spotcrime.com web site. For example, starting on at least March 19, 2008, and continuingthrough at least June 2,2008, you have accessed, from the IP address 208.109.126.144, PublicEngines' www.crimereports.com web site, and taken information off that site, withoutauthorization, and posted that information on your www.spotcrime.com web site.

By this letter, Public Engines demands that you cease and desist any further efforts to accessthe www.crimereports.com web site, and take, scrape, and/or gather the information containedon that web site for use in conjunction with your www.spotcrime.com web site. Failure to heedthis demand may expose you to substantial liability.

Your unauthorized access to Public Engines' web site directly contravenes the Terms of Use forthe www.crimereports.com web site, which you agreed to abide by when you accessed the website. The Terms of Use states, among other things, that "you agree not to duplicate, publish,modify, or otherwise distribute the material on the Public Engines Sites unless specificallyauthorized in writing by Public Engines to do so." Seehttp://www.crimereports.com/company/tou.

Further, the Terms of Use specifically provides that your .. access to and use of thewww.crimereports.com web site is limited to "personal, non-commercial use only; or (ii) if youare accessing the Public Engines Sites on behalf of a business entity, then any and all use ofthe Public Engines Sites must be for such business entity's internal business purposes inconnection with the establishment or continuation of a business relationship with PublicEngines." See http://www.crimereports.com/company/tou.

The Terms of Use also provides that "[t}he content and software on the Public Engines Sites arethe proprietary property of Public Engines and/or its suppliers and Partners and are protected by

4401 EASTGATE MALL SAN DIEGO CA 92121 T: (858) 550-6000 F: (858) 550-6420 WWW.COOLEY.COM

June 16, 200 8Page Two

U.S. and international copyright and other intellectual property laws." Seehttp://www.crimereports.com/company/tou.

Unauthorized access to Public Engines' web site violates various federal and state laws. Forexample, 47 U.S.C. §§ 1030 et seq., the Computer Fraud and Abuse Act (the "CFAAIJ

), outlawsintentionally accessing a computer used in interstate commerce without authorization.Violations of the CFAA give rise to both civil and criminal penalties.

Public Engines takes very seriously your unfluthor;zed access to its web site. Public Engines iscontinuing to investigate the matter and reserves the right to institute litigation against you toseek injunctive relief to force you to stop accessing its www.crimereports.com web site if you failto comply with this letter. Public Engines will also seek to recover its attorneys' fees, costs andany other economic harm caused thereby.

This letter is not intended to be a complete statement of Public Engines' position in this matter,and Public Engines reserves all rights and remedies with respect to it.

If you would like to discuss this matter further, please contact me immediately. Your immediateresponse to this letter will be crucial in determining whether this matter can be resolved short oflitigation.

Sincerely,

COOLEY GODWARD KRONISH LLP

~f.~Benjamin F. Chapman

Attorney for Public Engines, Inc.

cc: Public Engines, Inc.

4401 EASTGATE MALL SAN DIEGO CA 92121 T: (858) 550-6000 F: (858) 550-6420 WWW.COOLEY.COM

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~ RE; letter dated June 16th 2008 to Colin Draneii\.

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From: Michael D. Oliver <ollver@bowle-Jensen.com>Date: Monday, June 30, 2008 10:00 AM

To: Chapman, Ben <bchapman~oolev.com>

Subject: RE: letter dated June 16th 2008 to Colin Drane

1 ... AttAthments:

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~en: This email will serve as my follow-up.

Without confirming or denying the statements In your letter (including but not limited to whether the IP address you mention is controlled by ReportSee), and without agreeing (ordisagreeing) with your legal analysis or conclusions, I confirm on behalf of ReportSee and Colin Drane that they are not and will not be scraping your client's site for data.

Best regards,

Michael D. Oliver, Esq.Member,Bowie & Jensen, LLC29 W. Susquehanna Ave.Suite 600Towson, MD 21204(410) 583-2400 x-12S(410) 583-2437 faxoliver@bowie-jensen.com

From: Chapman, Ben (mailto:bchapman@coolev,com)sent: Tuesday, June 24, 200812:39 PMTo: Michael D. OliverSubject: RE: letter dated June 16th 2008 to Colin Drane

Thank you Michael, I look forward to your response. ~.

Sincerely, Ben

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MEMORANDUMTO:

FROM:

DATE:

RE:

Benjamin,

File

Benjamin F. Chapman

June 24, 2008

VM message from Mike Oliver

This is Mike Oliver, I am a lawyer here in Baltimore, Maryland, we're counsel to Collin Drane &Reportsee, Inc. He's got your letter dated June 16, 2008 and I'm just letting you know that he'sstopped any scraping of the website, we'll get a more formal response to your letter and I'mguessing that you and I are gonna have more conversations cause this probably won't be theend of it, but anyway, just want to let you know that the actual act of going in and scraping thesite there for information if it did occurred, he's not doing that anymore. So, I'll get a letter toyou if not today, tomorrow and if you need to call me the number is 410-583-2400, again MikeOliver. /'11 also send you an email with my vcard and all that jazz. Thanks, bye.

593138 v1/SD CONFIDENTIALITY NOTE: This memorandum and the information it contains are intended to be aconfidential communication only to the person or entity to whom it is addressed. If you have received thisinformation in error, please notify us by telephone and retum this original to this office by mail.

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