Informatique & Mer License Agreement

MaxSea¨ Navigator

Upon opening the package or initially installing the disk with the software purchased, a legal agreement between you (either an individual or entity), the End User, and Informatique & Mer S.A. (hereinafter I&M) is in effect. If you do not agree to the terms of this Agreement, promptly return the disk package and the accompanying items (including written materials and binders or other containers) to the place of purchase for a full refund.

NetSea Inc. of Hyannis, Massachusetts is the exclusive representative of I&M in North America for the MaxSea¨ Navigator.

INFORMATIQUE & MER SOFTWARE LICENSE

1. GRANT OF LICENSE.

(a) Dedicated Use. I&M grants to you the nontransferable, nonexclusive, right to use the one copy purchased of the I&M software in the purchased disk identified above (hereinafter the ãSOFTWAREä) on a single computer (ãDedicated computerä). You may transfer the SOFTWARE to another single computer PROVIDED you do so no more often than once every (30) days and no copies of the SOFTWARE licensed herein are retained for use on any other computer. However, if one individual uses the Dedicated Computer more than 80% of the time it is in use, then that individual also may use the SOFTWARE on a portable or home computer.

(b) Transitory Use. Notwithstanding above (a), you may transfer the right to use the SOFTWARE as often as you like, if you require each user of the SOFTWARE to have physical possession of an original I&M SOFTWARE License Agreement (either this I&M License Agreement or an equivalent designated by I&M) at all times during the use of the SOFTWARE.

For the purposes of this section, ãuseä means loading the SOFTWARE into RAM, as well as installation on a hard disk or other storage device (other than a network server). You may access the SOFTWARE from a hard disk, over a network, or any other method you choose, so long as you otherwise comply with this I&M License Agreement.

2. COPYRIGHT.

The entire right, title, and interest to the SOFTWARE and disk, manual, and all updates, enhancements and maintenance modifications is owned by I&M, shall remain with I&M, and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyright material (e.g., a book or musical recording) except that you may either

(a) make a single copy only of the SOFTWARE solely for backup or archival purposes; or

(b) transfer the SOFTWARE to a single hard disk, provided you keep the original solely for backup or archival purposes.

You may not copy the written materials accompanying the SOFTWARE.

3. OTHER RESTRICTIONS.

This I&M License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the SOFTWARE, but you may transfer your rights under this I&M License Agreement on a permanent basis, provided you transfer this License Agreement, the SOFTWARE, and all accompanying written material; retain no copies; and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE. If the SOFTWARE is an update, any transfer must include the update and all prior versions.

LIMITED WARRANTY

LIMITED WARRANTY.

I&M warrants that

(a) upon opening the package or initially installing the disk with the software purchased, the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt; and

(b) any hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the SOFTWARE and hardware are limited to ninety (90) days and one (1) year, respectively, with time of the essence. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES.

I&Mâs entire liability and your exclusive remedy shall be, at I&Mâs option, either

(a) return of the price paid; or

(b) repair or replacement of the SOFTWARE or hardware that does not meet I&Mâs Limited Warranty and that is returned to I&M with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. These remedies are not available outside of the United States of America.

DISCLAIMER

Except as expressly set forth herein, I&M makes no warranties, express or implied, regarding or related to the Licensed SOFTWARE or material furnished.

LIABILITIES

I&M shall not be liable under any claim, demand, or action under this Agreement for any special, indirect, incidental, exemplary, punitive, or consequential damages.

RELIEF

End User acknowledges that any unauthorized use or disclosure of the Licensed SOFTWARE in violation of this Agreement may cause I&M irreparable damage, and End User agrees not to contest I&M seeking of injunctive or equitable relief.

TRADEMARK

MaxSea¨ is a registered trademark of I&M. No license, right, or interest is granted to End User in such trademark.

LAW

The validity, construction, and performance of this Agreement shall be governed exclusively under Massachusetts law, with venue in Barnstable County, Massachusetts.

AGREEMENT

This Agreement represents the entire Agreement between I&M and End User and can not be changed except in writing and signed by both parties.

The information in this manual and the specifications included herein are subject to change without notice.

Should you have any questions concerning this Agreement, or if you desire to contact NetSea for any reason, please write: NetSea, Inc., 1600 Falmouth Road, Suite 13, Centerville, MA 02632.

Copyright ©1998, NetSea, Inc.

MaxSea is a Registered Trademark of Informatique & Mer S.A.

NetSea, NavCenter and TrueView are Trademarks of NetSea, Inc.

Other product names mentioned herein may be Trademarks and/or Registered Trademarks of their respective companies.