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One Mile Up License Agreement

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One Mile Up, Inc. Royalty Free End User Software License

One Mile Up grants you the right to use one copy of this software on a single terminal connected to a single computer (i.e., with a single CPU-central processing unit). You may not network the software or otherwise use it on more than one computer or computer terminal at the same time.

This software is owned by One Mile Up and is protected by United States Copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the software solely for archival or backup purposes, or (b) transfer the software to a single hard disk provided you keep the original solely for archival or backup purposes. You may not copy or scan the printed materials accompanying the software. Under copyright law, copying includes the translating to another language, platform, or format.

All logos, insignia, patches and seals are for official use only.

I, the Purchaser, certify that I am purchasing on behalf of the Government. If I am not I accept the conditions stated below:

Wherever referred to herein, Illustrator shall include One Mile Up, Inc. and its officers, directors, agents, employees and customers and Purchaser shall include Purchaser and its officers, directors, agents, employees and customers.

Illustrator has developed computer created images, comprising among other things, designs, symbols and words, stored in databases (hereinafter referred to as "Clip Art"). Illustrator provides in no way as any official entity with authority to grant permission to Purchaser to use, in any way, the illustrations that illustrator provides Purchaser. Further by purchasing the Clip Art the purchaser certifies that he/she has received official permission or that all uses will be for the official use of the United States Government.

NOW THEREFORE, Illustrator agrees to provide Purchaser with access to Clip Art and in consideration therefore, Purchaser agrees to accept access to Clip Art on the following conditions:

(a) Illustrator does not warrant, expressly or impliedly, that Clip Art is free from infringing any intellectual property right, including but not limited to patent, copyright, trademark, service mark, trade dress or trade secret, or violating any right of privacy or publicity, or libeling or defaming any third party;

(b) Illustrator does not warrant, expressly or impliedly, that Purchaser is free to make, use, sell, lease, advertise, distribute, offer for sale, reproduce or replicate any Clip Art;

(c) Illustrator accepts no responsibility for the advertisement, distribution, offer for sale, use, misuse, sale, lease, reproduction or replication of Clip Art by Purchaser and Illustrator will not indemnify or hold harmless Purchaser from any and all expenses, including attorneys' fees arising from or in connection with such advertisement, distribution, offer for sale, use, misuse, sale, lease, reproduction or replication by Purchaser;

(d) If necessary, Purchaser is responsible for obtaining permission to make, use, sell, lease advertise, distribute, offer for sale, reproduce or replicate Clip Art from the proper entity that owns or may own any exclusive rights to Clip Art; and

(e) Purchaser will not provide any third party with access to Clip Art without express written permission of Illustrator.

(f) At the discretion of the Federal Bureau of Investigation Illustrator will provide records of this sale.
 
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