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Microsoft Word - Thomas G Faria Maestro License agreement.doc
153
other than the rights and license expressly granted to you herein, you agree that you shall be
deemed to have assigned such rights to Faria.
Acknowledgements.
THE FOLLOWING ADDITIONAL ACKNOWLEDGEMENTS MAY APPLY TO THE
PRODUCT:
This product has been derived in part from material obtained from Nautical Solutions, Inc. (NSI)
© Nautical Solutions Inc, 2005-2008. All rights reserved. All NSI Contour(tm) data products are
copyright works (1997 - 2008) Nautical Solutions International, Inc. It is unlawful according the
Copyright Act to make, sell rent, or distribute infringing copies or works in which the copyright
subsists. Penalties for copyright infringement can range from jail sentences to monetary fines, or
both. Digital or hard copy reproduction of any of the NSI data products in whole or in part is
forbidden without written permission from: Nautical Solutions International, Inc., 2822
Solomon's Island Rd., Edgewater, MD 21037 USA Tel
(410) 266-9494.
Confidentiality.
You acknowledge that the Product contains trade secrets and other confidential and proprietary
information of Faria, including without limitation proprietary data storage formats (the
"Confidential Information"). Accordingly, you agree that, except as expressly permitted herein,
neither you nor any of your employees, representatives, agents, subcontractors, affiliates or
successors (the "Related Parties") shall, at any time, in whole or in part, directly or indirectly,
either (i) use any Confidential Information for your or his, her or its own benefit or for the benefit
of any other person, partnership, association, corporation, limited liability company or other
entity, or (ii) divulge or disclose any Confidential Information to any other person, partnership,
association, corporation, limited liability company or other entity.
Without limiting the generality of the foregoing, you agree that, except as expressly authorized
herein, you shall not transfer, publish, disclose, display or otherwise make available to any third
party any portion of the Product.
As used herein, the term "Confidential Information" shall not be deemed to include any
information which (i) is or becomes publicly known through no wrongful act of you or any
Related Party, (ii) is rightfully received by you or any Related Party without similar restrictions
and without breach of this or any similar agreement, (iii) is furnished to a third party by Faria
without a similar restriction and the rights of the third party, (iv) is approved for release by a
written authorization of Faria, (v) is disclosed pursuant to an order of any court of competent
jurisdiction, provided that you give Faria prompt notice of such order and comply with any
protective order or similar order which may be imposed in connection with such disclosure, or
(vi) is developed independently by you or any Related Party without access to any Confidential
Information.
Faria's licensors shall be third party beneficiaries to the terms of this Section and shall have the
right to enforce directly against you and related parties the terms of this Section.
Remedies.
You agree that damages alone would not adequately compensate Faria if you use the Product in
violation of the terms of this Agreement, and that in any such event injunctive relief shall be
essential for the protection of the legitimate interests of Faria. Accordingly, you agree that if you
or any Related Party shall use the Product in violation of the terms hereof, then Faria shall be
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