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License

INM's one-time licensing fee enables you to use INM SecureNet Xtra royalty-free, but some conditions apply. We invite you to carefully read and agree to the terms and conditions of the license below before using the software.

INM SecureNet Xtra for Director License Agreement

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING Integration New Media's SecureNet XTRA. BY USING Integration New Media's SecureNet XTRA, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.

The enclosed computer program(s), license file 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 products ("Products") 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 international treaties.

1. License.
(a) You may install one copy of the Software on a single Windows-compatible computer and one copy on a single Macintosh-compatible 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. You may not sublease, rent, loan or lease the Software.

(b) You may 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 on the original copy supplied by INM.

(c) Your license is limited to the particular version (collectively "Version") of the Software you have purchased. Therefore, use of a Version other than the one encompassed by this License Agreement requires a separate license.

(d) Upon purchase of a Software license, you are given a license number, which is subject to the restrictions set forth above and may not be distributed by you in any way. However, INM and its licensors grant you a royalty-free right to reproduce and distribute the file named "SecureNet Xtra.x32" ("Runtime Kit") provided that (i) you distribute the Runtime Kit only in conjunction with and as part of your own Products; (ii) own a license for the specific Version of the Software that contains the Runtime Kit; (iii) 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 Products with the Runtime Kit.

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

(f) Notwithstanding any other terms in this License, 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).

2. Restrictions.
(a) The Software contains trade secrets in its human perceivable form and, to protect them, you may not MODIFY, TRANSLATE, REVERSE ENGINEER, REVERSE ASSEMBLE, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

(b) THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, OR OTHER ENVIRONMENTS IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

(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.

3. Copyright notices.
You may not alter or change INM's and its licensors' copyright notices as contained in the Software. You must include a copyright notice, in direct proximity to your own copyright notice, in substantially the following form "Portions of code are Copyright ©2002 used under license by Integration New Media, Inc.".

4. 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.

5. 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 6 and 7 will survive any termination.

6. 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 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.

7. Limitation of Remedies and Damages.
In no event will INM, its parent or subsidiaries or any of the licensers, 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, 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 written 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 to the greater of US $199.00 or the money paid for the Software that caused the damages.
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.

8. 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.

9. 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.