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• Cubic Panorama Plugin License Agreement v200805a
  
  This agreement is between AdventureMaker.com and the person, firm, company or organization (The User) who purchased Adventure Maker Full Edition and requested the Cubic Panorama Plugin v1.x (The Plugin) license on http://www.adventuremaker.com/getcubicpanorama.php.

  This agreement is effective upon acceptance by AdventureMaker.com of the request made on http://www.adventuremaker.com/getcubicpanorama.php.

  1. Grant

  AdventureMaker.com hereby grants to The User a non-exclusive non-transferable worldwide license to make and sell products (the Products) that utilize The Plugin.

  2. Royalties

  The User agrees to pay AdventureMaker.com a royalty on all the sold copies of the said Products that utilize The Plugin, except the first 100 copies sold, which are exempt from royalties (sales of multiple versions of the same Product are counted together).

  The User agrees to pay AdventureMaker.com royalties equal to five percent (5%) of The User's Revenues, where "Revenue" shall mean the gross amount actually received by or accrued to The User from the sale of the said Products, less sales taxes and customs duties and refunds for returns actually paid by The User from such amounts and bad debt written off as uncollectable (unless later collected).

  Any accrued royalties above the $50 dollars (USD) owed to AdventureMaker.com by The User will be paid on a quarterly basis, within one month following the close of each calendar quarter. The first quarter begins January 1 and ends March 31. The second quarter begins April 1 and ends June 30. The third quarter begins July 1 and ends September 30. The fourth quarter begins October 1 and ends December 31.

  A statement showing the basis on which the payment was calculated shall accompany each payment. If no payment is due to AdventureMaker.com, but more than 100 copies of a Product have been sold since the release of the Product, a statement will still be sent quarterly indicating the number of units sold and at what selling price.

  If necessary, AdventureMaker.com and its representatives shall have the right to have The User’s books and records audited by an independent certified public accountant to verify the accuracy of the royalty payments.

  3. Termination

  A. The User shall have the right to terminate this license agreement at any time by a 30-day written notice.

  B. AdventureMaker.com shall have the right to terminate this agreement if any of the conditions of this contract are violated, or upon 30-day written notice if The User fails to pay royalties as required in Paragraph 2, provided that such termination notice be ineffective if such payment failure is cured during the 30-day notice period.

  C. Upon termination of this agreement by AdventureMaker.com, for the above mentioned payment failure reason only, The User shall continue to have the right to sell any Product existing in inventory at the time of termination and royalties then in effect shall be paid to AdventureMaker.com on any such post-termination sales. Products existing in inventory at the time of termination must be sold within two months of the date of termination.

  4. Entire Agreement

  This agreement represents the entire understanding between the parties relating to the Plugin and the Products, and supercedes any previous written or oral understanding. This agreement may be revised only upon execution by both parties of a written amendment to this agreement.

  5. Limitation of Warranties and Liability

  THE PLUGIN IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING AND WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADVENTUREMAKER.COM IS UNDER NO OBLIGATION TO MAINTAIN, CORRECT, UPDATE OR CHANGE THE PLUGIN. ADVENTUREMAKER.COM MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY PARTY WHICH MAY ARISE THROUGH THE USE OF THE PLUGIN. IN NO EVENT SHALL ADVENTUREMAKER.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER LOSS), WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE PLUGIN.

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