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DATABASE PUBLISHING SOFTWARE 
LICENSE AGREEMENT

FREE DOWNLOAD & USE LICENSE

IMPORTANT - READ CAREFULLY

BY DOWNLOADING THE FILES, AND/OR BY KEEPING THE CATALOG GENIE(r) SOFTWARE or the CONTENT GENIE SOFTWARE FOR MORE THAN 5 DAYS, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DESTROY ALL DOWNLOADED FILES AND ANY COPIES THAT MAY HAVE BEEN MADE.

Database Publishing Software ("DPS") and you ("Customer") hereby agree that: (a) this License Agreement is a writing defining the contract between us and if you accept the terms of this Agreement you will print and store this Agreement in a safe place to have a permanent record of the contract, (b) DPS' signature is legally represented by its printed name at the bottom of this License Agreement, and (c) Customer's acceptance of this Agreement is signified by obtaining access to, using, or keeping the Software.

LICENSE AGREEMENT

This is a legal agreement between Customer (individual(s) who have downloaded the software) and Database Publishing Software located at 9 Bartlet Street # 376, Andover, MA 01810 USA  ("DPS"). Read these terms and conditions carefully before attempting to use the Software in object code form and/or its documentation.

Use of the Software is subject to the following terms and conditions.

1) LICENSE: In consideration for Customer downloading and using the Software, Database Publishing Software grants Customer a non-exclusive, non-transferable (except as set forth herein), worldwide license to use the Software under the following terms and conditions:

2) CUSTOMER MAY: a. Use the Software on up to three computers; usage shall be limited to the maximum number of SKU's (5,000) allowed by this version of the software.

3) CUSTOMER WILL NOT: a) Reverse engineer, decompile, disassemble or decrypt the Software. b) Sublicense, loan, rent, lease, or transfer the Software. c) Copy (except for archival purposes) or distribute the Software or any portion of the Software, whether in source code form or in object code form. d) Disclose any source code of the Software to any person or entity who is not an employee, or contractor of Customer subject to a contractual obligation to protect the Software. e) Remove any copyright or other notices of DPS.

4) OWNERSHIP AND COPYRIGHT OF SOFTWARE: Customer agrees that the Software is proprietary to, and shall remain the sole property of, DPS. Title to the Software and all copies thereof remains with DPS. The Software and documentation is copyrighted and protected by United States copyright laws and international treaty provisions. Customer will not remove any copyright and other notices from the Software or documentation. Customer will reproduce any copyright and other notices on any authorized copy of the Software or documentation. Customer agrees to prevent any unauthorized copying of the Software and documentation.

5) NO WARRANTY: IT IS UNDERSTOOD BY YOU THAT THE SOFTWARE MAY NOT HAVE BEEN FULLY TESTED FOR YOUR APPLICATION, IS NOT REPRESENTED AS COMPLYING WITH ANY STATE OR FEDERAL REGULATION, LAW OR REQUIREMENT, AND MAY CONTAIN DEFECTS.  DPS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE.

THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  ACCORDINGLY, DPS SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE.

DPS MAKES NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF USER DOCUMENTATION OR THAT THE SOFTWARE IS ERROR FREE.  DPS, AT ITS SOLE DISCRETION, MAY OR MAY NOT SUPPORT THIS SOFTWARE AND MAY OR MAY NOT ISSUE UPDATES TO THIS SOFTWARE.

6) LIMITATION OF LIABILITY:  DPS SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF DPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7) TERMINATION OF THIS LICENSE: DPS may terminate this License at any time by delivering notice to Customer and Customer may terminate this License at any time by destroying or erasing Customer's copy of the Software.  Upon termination, Customer will immediately destroy the originals and all copies of the Software and documentation, or return the originals and all copies of the Software to Database Publishing Software. Upon termination of this License, Customer agrees to destroy or erase the Software.  In the event of termination, the following sections of this License will survive: 3, 4, 5, 6, 7, 8, 9, and 10.

8) GOVERNMENT END USERS AND SUBCONTRACTORS: If the Software is acquired by or on behalf of a unit or agency of the United States Government, this provision applies. The Software: (i) was developed at private expense, and no part of it was developed with government funds; (ii) is a trade secret of DPS for all purposes of the Freedom of Information Act; (iii) is "commercial computer software"; and (iv) in all respects is proprietary data belonging solely to DPS.  Government use of this commercial computer software and the accompanying computer software documentation is limited by the terms and conditions of this License Agreement. The government shall have no other rights or license to this Software and accompanying computer software documentation.

For units of the Department of Defense ("DOD"), the use of this Software is governed by Defense Federal Acquisition Regulations at 48 C.F.R.  Subpart 227.72. The Software provided pursuant to this license is commercial computer software as defined in 48 C.F.R. paragraphs 252.227-7014(a), and the accompanying documentation is computer software documentation as defined in 48 C.F.R. paragraph 252.227-7014(a).

Use of this Software and associated documentation by any other U.S. Government agencies or employees is provided with "Restricted Rights."  Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in 48 C.F.R. 52.227-19 or 48 C.F.R. 52.227-14 ALT. III, as applicable. All other technical data, including documentation, manuals or instructional materials, are provided with  "Limited Rights" as defined in 48 C.F.R. 52.227-14(a) and in Alternative II (JUN 1987) of that clause, as applicable. Contractor/manufacturer is Database Publishing Software, 9 Bartlet Street # 376, Andover, MA 01810.

9) EXPORT: Customer may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. Customer represents that it is not located in, under the control of, or a national resident of any country to which the United States has embargoed goods, are not on the U. S. Treasury Department's list of specifically designated nationals, or are not on the U. S. Commerce Department's Table Of Denial Orders. If you do not have authority to accept these terms, it is your obligation to ensure that an authorized individual makes the determination.

10) APPLICABLE LAW: This Agreement is governed by the laws of the State of Massachusetts, U.S.A. and the United States, including their patent and copyright laws. Customer agrees that this License Agreement is made in Massachusetts and it is subject to the personal jurisdiction of the courts in the State of Massachusetts.

Customer acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. Customer further agrees that it is the complete and exclusive statement of the agreement between Customer and DPS and supersedes any earlier proposal or prior arrangement, whether oral or written, and any other communications between us relative to the subject matter of this Agreement.

Database Publishing Software 9 Bartlet Street # 376, Andover, MA 01810 USA 
Internet: http://www.databasepub.com E-mail: info@databasepub.com  
Copyright (c) 1998-2005 Database Publishing Software. All rights reserved.
July 2005