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2.3.3. Logbook Pro Enterprise Edition. Provided that all Fees are paid for the Logbook Pro Enterprise Edition, the Licensee may install and use a single copy of the Software computer program on one Computer for its own use in maintaining records for multiple pilots without evaluation restrictions. Licensee may temporarily transfer the Software to a back-up computer if the Computer is inoperative for more than 24 hours.
2.3.4. Logbook Pro Palm Companion and Logbook Pro Pocket PC Companion (“the PDA Companion”). Provided that all required license fees (the “Fees”) are paid for the PDA Companion, Licensee may install and use one copy of the Software computer program on a single device (the “Computer”) for its own use in maintaining records for a single pilot without evaluation restrictions. Licensee may temporarily transfer the Software to a back-up device if the Computer is inoperative for more than 24 hours. 2.4. Copies. Licensee may make one backup/archival copy of the Software’s computer program, provided that the copy shall include NC Software’s copyright and any other proprietary notices on the copy. The license for the Software may not be shared or used concurrently. Licensee shall have no other right to copy, in whole or in part, the Software. All copies of the Software made by Licensee are the exclusive property of NC Software.
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3.3. Cooperation. Upon NC Software’s request, the Licensee agrees to execute such further instruments and to take such further actions as NC Software may reasonably request, to apply for, register, perfect, confirm and protect NC Software’s rights. The Licensee shall reimburse NC Software for any and all expenses that NC Software may incur (including interest, costs, attorneys’ fees and other legal expenses) in connection with NC Software’s efforts to enforce its rights against the Licensee in the event NC Software prevails against the Licensee with respect to the Software or any of NC Software’s intellectual property rights.
4. Fees and Payment Terms.
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4.2. Taxes. The Fees do not include any amounts for taxes. Licensee shall be responsible for, and shall promptly pay, all applicable taxes levied by any tax authority based upon this Agreement and/or the Software (including, but not limited to, sales and use taxes). All payments due hereunder are net amounts to be received by NC Software, exclusive of all taxes, duties, assessments and similar taxes and duties, and are not subject to offset or reduction because of any costs, expenses, taxes, duties, assessments or liabilities incurred by Licensee or otherwise due as a result of this Agreement.
5. Intellectual Property Rights.
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11. Notices. Any notice or other communication required or permitted under this Agreement shall be given in writing and delivered when sent by first-class mail, postage pre-paid, or when sent by facsimile or e-mail to the other party’s last known mailing, facsimile or e-mail address and for NC Software to: NC Software, Inc., 2711 Centerville Road, PMB 5115 , Suite 120, Wilmington, DE 198081st Floor, 2801 Centerville Rd, WILMINGTON, DE 19808-1609.
12. General Provisions.
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