Saturday, November 11, 2006

5.

Intellectual Property Rights. The Software, including the ID Images, and all printed material accompanying the Software (the “Printed Materials”) and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software, the Printed Materials and the ID Images are owned by ID and are protected by United States copyright laws, international treaty provisions and all applicable law, such as the Lanham Act. You must treat the Software, the Printed Materials and the ID Images like any other copyrighted material, as required by 17 U.S.C., §101 et seq. and other applicable law. You agree to use your best efforts to see that any user of the Software licensed hereunder, the Printed Materials or the Levels complies with this Agreement. You agree that you are receiving a copy of the Software, including the ID Images, and the Printed Material by license only and not by sale and that the “first sale” doctrine of 17 U.S.C. §109 does not apply to your receipt or use of the Software, the Printed Materials or your inclusion of any ID Images in the Levels. This section 5. shall survive the cancellation or termination of this Agreement.