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LICENSE AGREEMENT

BY OPENING THE PACKAGING, BREAKING THE SEAL TO THE CD, OR USING ANY OF THE DIGITAL CONTENT PROVIDED BY ATTAINIUM CORP (“ATTAINIUM”), YOU SIGNIFY YOUR ACCEPTANCE OF EACH AND EVERY TERM SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE CONTENT, AND CONTACT ATTAINIUM TO ARRANGE A RETURN OF THE CONTENT. AS USED HEREIN, “YOU” MEANS THE LICENSEE OF THE CONTENT. IF THE LICENSEE IS A COMPANY, THE PERSON ENTERING INTO THIS AGREEMENT VERIFIES THAT HE HAS THE RIGHT TO OBLIGATE THE COMPANY TO THIS AGREEMENT.

“The Work” is defined as the content of the CD, or the digital content provided by Attainium, as applicable, whole or in part. Except as specifically set forth herein, you shall not copy the Work in whole or in part, except that you may make one copy of the Work and a second copy for archival purposes.  You agree to reproduce all copyright and other proprietary notices on any such whole or partial copy of the Work in the same form and manner that such copyright and other proprietary notices are originally included on the Work.

You may not loan, rent, lease, give, sublicense, or otherwise transfer the Work, in whole or in part, to any other person or entity.  Furthermore, the Work may not be installed or made accessible to any third party, or placed in a service bureau, time-sharing, “cloud” or computer facility where the access to the work is offered to compete with Attainium, or to resell any portion of the Work.

Customer acknowledges that the ownership of all copyrights in the Work remains with Attainium. The Work is provided to customer on an "AS IS" basis.

Limitation On Use and Copying.   You may copy the following portions of the Work for internal use only: Forms, Background Materials, Scorecard and other such worksheets. This provision does not permit any use of the copies for which you will charge any fees, or provide the copies to anyone outside your organization.

Disclaimer Warranty:   ATTAINIUM MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY ATTAINIUM.  IN NO EVENT SHALL ATTAINIUM BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ATTAINIUM’S LIABLITY UNDER THIS LICENSE, WITH RESPECT TO USE OF THE INFORMATION OR OTHERWISE SHALL NOT EXCEED THE FEES PAID BY LICENSEE TO ATTAINIUM.

The term of this License shall be perpetual unless sooner terminated pursuant to the terms hereof.  This License shall automatically terminate upon your breach of any provision hereof.  In the event of breach, you will be responsible for Attainium’s attorneys’ fees and court costs incurred in enforcing the terms.

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