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DBAI shall retain all copyright, patent, trade secret and other intellectual property rights DBAI may have in anything created or developed by DBAI for Work Product. DBAI grants a nonexclusive worldwide license to use and sublicense the use of the Work Product for the purpose of developing and marketing its products, but not for the purpose of marketing Work Product separate from its products. The license shall have a perpetual term and may not be transferred. If anything used is copyrighted by another party, notify DBAI and we will give credit where credit is due or remove said copyright from work.
DBAI owns or holds a license to use and sublicense various materials in existence ("DBAI's Materials"). DBAI may, at its option, include DBAI's Materials in the work performed. DBAI retains all right, title and interest, including all copyright, patent rights and trade secret rights in DBAI's Materials. DBAI grants a nonexclusive worldwide license to use and sublicense the use of DBAI's Materials for the purpose of developing and marketing its products, but not for the purpose of marketing DBAI's Materials separate from its products. The license shall have a perpetual term and may not be transferred. No other commercial use of DBAI's Materials without DBAI's written consent will be permitted.
In no event shall DBAI be liablefor lost profits or special, incidental or consequential damages (even if DBAI has been advised of the possibility of such damages).
DBAI's total liability for damages, costs and expenses, regardless of cause, shall not exceed the total amount of fees paid to DBAI.
DBAI shall be indemnified against all claims, liabilities and costs, including reasonable attorney fees, of defending any third party claim or suit, including legal action stemming from the use of copyrighted material used.
If a dispute arises, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Pinellas County, Florida. Any costs and fees, other than attorney fees associated with the mediation shall be shared equally by the parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
This site will be governed by the laws of the State of Florida.
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© 1998-2010 DBAI - Technology Division; ©1998-2010 by Daniel Bloom and Associates, Inc. All rights reserved. Please see our legal information page Created: Dec 3 2001
Last Modified: Jun 08 2007 |