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License

INM's one-time licensing fee enables you to use INM V12 Database royalty-free. We invite you to carefully read and agree to the terms and conditions of the license before using the software.

INM V12 Database Engine License Agreement

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING V12 DATABASE ENGINE. BY USING V12 DATABASE ENGINE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.

The enclosed computer program(s), license file, manuals, sample files and data (collectively, "Software") are licensed, not sold, to you by Integration New Media, Inc. ("INM") for the purpose of using it for the development of your own product ("Product") only under the terms of this Agreement. INM and its licensors reserve any rights not expressly granted to you. INM and its licensors grant you no right, title or interest in or to the Software. The Software is owned by INM and its licensors and is protected by International copyright laws and treaties. If you are using V12-Tracker, Section 2 applies to you.

1. License.
INM grants you a non-exclusive, non-transferable, perpetual (unless terminated in accordance with this Agreement), royalty-free, worldwide license to:
(a) Install one (1) copy of the Software on a single computer. To "install" the Software means that the Software is either loaded or installed on the permanent memory of a computer (i.e., hard disk). This installed copy of the Software may be accessible by multiple computers, however the Software cannot be installed on more than one computer at any time. You may only install the Software on another computer if you first remove the Software from the computer on which it was previously installed.

(b) Make one copy of the Software in machine-readable form solely for backup purposes. As an express condition of this Agreement, you must reproduce on each copy any copyright notice or other proprietary notice that is or included with the original copy supplied by INM.

(c) Reproduce and distribute the files named "V12-DBE for Authorware.XTR", "V12-DBE for Authorware.X32" and "V12DBE-A.X16" (collectively, "Runtime Kit") provided that: (i) you distribute the Runtime Kit only in conjunction with and as part of your own Product, and (ii) own a license for the Software that contains the Runtime Kit.

(d) Any third party who may distribute or otherwise make available a product containing the Runtime Kit must purchase its own license of the Software.

(e) Any third party who will use the Runtime Kit in an authoring environment must purchase its own license of the Software.

(f) If the Software is licensed as an upgrade or update, then you may only use the Software to replace previously validly licensed versions of the same software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party).

(g) All intellectual property rights in and to the assets which may be accessed through the use of the Software are the property of the respective asset owners and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content.

2. V12-Tracker waiver.
V12-Tracker is a fully functional version of V12 Database Engine and a fully licensed V12 database file named V12-Tracker.V12. You are waived from section 1(c)(ii) provided that:
(a) Your Product uses V12-Tracker.
(b) Your Product does not use a V12 database other than V12-Tracker.
(c) The V12-Tracker.V12 database file has the exact same structure as the one delivered to you by INM.

3. Restrictions.
(a) The Software contains a license file (.LIC) that may not be distributed by you in any way.
(b) You may not sublease, rent, loan or lease the Software.
(c) You may not transfer or assign your rights under this License to another party without INM's prior written consent. Assignment application forms can be obtained from INM's sales department.
(d) The Software contains trade secrets and, to protect them, YOU MAY NOT MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT ALTER OR CHANGE THE COPYRIGHT NOTICES AS CONTAINED IN THE SOFTWARE.
(e) THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION ENVIRONMENTS IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL OR ENVIRONMENTAL DAMAGE.

4. Copyright notices.
You may not alter or change INM's and its licensors' copyright notices as contained in the Software. As well, you must include:
(a) a copyright notice, in direct proximity to your own copyright notice, in substantially the following form: "Portions of code are Copyright ©1995-2003 used under license by Integration New Media, Inc."; and
(b) the "Powered by V12" logo on the packaging of your Product or place the "Powered by V12" logo within your Product in the credits section.

5. Acceptance.
The Software shall be deemed accepted by you upon delivery unless you provide INM, within two (2) weeks therein, with a written description of any bona fide defects in material or workmanship.

6. Termination.
This Agreement is effective until terminated. This Agreement will terminate immediately without notice from INM or judicial resolution if you fail to comply with any provision of this Agreement. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 7, 8, 9 and 10 will survive any termination.

7. Limited Warranty.
INM warrants for a period of ninety (90) days from your date of purchase (as evidenced by a copy of your receipt) that the media on which the Software is recorded will be free from defects in materials and workmanship under normal use and the Software will perform substantially in accordance with the user manual. INM's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at INM's option, replacement of the disk, refund of the purchase price or repair or replacement of the Software.

8. Limitation of Remedies and Damages.
In no event will INM or its licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, loss of expected savings, loss of confidential information, presence of viruses, damages for loss of profits, business interruption, loss of business information and the like), whether foreseeable or not, arising out of the use of or inability to use the Software or accompanying materials, regardless of the basis of the claim and even if INM or an INM representative has been advised of the possibility of such damage. INM's liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited, at INM's option to refund of the purchase price or repair or replacement of the Software.

THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Indemnity.
By using the Software, you agree to indemnify, hold harmless and defend INM and its licensors from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your Product with the Software.

10. General.
This Agreement will be construed under the laws of the Province of Quebec, except for that body of law dealing with conflicts of law. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.

11. Language.
The parties acknowledge having requested and being satisfied that this Agreement and its accessories be drawn in English. Les parties reconnaissent avoir demandé que cette entente et ses documents connexes soient rédigés en anglais et s'en déclarent satisfaits.