1. Purpose

The purpose of this Policy is to define the conditions under which SYNAXIOM’s  NIVOMAX proprietary computer program(s) and/or the technology (“Software”) including all related documentation, including pre-release versions, production applications, and upcoming features lists referred to as Innovation Roadmap items, may be demonstrated, disclosed, or otherwise used by license holders, clients, partners, or any other party. This Policy ensures that such activities align with SYNAXIOM’s intellectual property rights and licensing agreements.

2. Scope

This Policy applies to all parties who hold licenses to the Software, including pre-release versions, production applications, and features under development. The license holders should strictly adhere to this Policy in conjunction with their licensing agreements.

3. Definitions

3.1 Production Application

A Production Application refers to an application or version of the Software that has been officially released by SYNAXIOM to a customer and is currently in their production environment, being used for its intended commercial purpose.

3.2 Beta or Pre-release Application

A Beta or Pre-release Application refers to Software or version of the Software that is in a testing phase and has not been officially released for use by the customer for its intended commercial purpose. It is provided for evaluation and testing purposes only, under strict confidentiality.

4. Intellectual Property Ownership

SYNAXIOM retains full and exclusive ownership of all intellectual property rights in and to its Software, including pre-release versions, production applications, upcoming features, and all related materials. This includes all copyrights, trademarks, patents, and trade secrets. License holders and other parties granted access to the software are authorized to use it only within the scope of their license agreement and for no other purpose.

5. Restrictions on Sharing, Demonstration, and Use

5.1 License Alignment

No party who has access to SYNAXIOM’s Software shall share, demo, or use the Software in any manner that is not fully aligned with the terms and conditions of the applicable SYNAXIOM license agreement.

5.2 Limitations on Demonstrations

Demonstration of production applications is strictly limited to authorized customers for the purposes of training and demonstrating the data libraries within the software. The software’s features, workflows, or functions shall not be demonstrated or portrayed as part of the ePubs services offered by the license holder.

5.3 Confidentiality of Unreleased Materials

Any material documentation, likeness of the Software interfaces, or the Software itself, which has not been officially released by SYNAXIOM or published through SYNAXIOM’s direct marketing channels, shall not be shared, disclosed, or used by any third party, including clients and partners, without the prior express written consent of SYNAXIOM.

6. Branding and Representation

6.1 Exclusive Property of SYNAXIOM

All Software under license is the sole and exclusive property of SYNAXIOM. No third party, including license holders, clients, or partners, shall imitate, represent, or interpret SYNAXIOM’s software, workflows, functions, or likeness as their own.

6.2 Custom Branding Elements

SYNAXIOM authorizes license holders to place their brand logo and other visual elements within the software interface to offer a more customized experience for end users. However, such branding is for identification purposes only and in no way implies ownership, control, or any additional rights over the software by the license holder or any third party.

7. Claims and Commercial Use of Beta Software

Any claims made by license holders, clients, or partners about SYNAXIOM’s Software, particularly regarding its features, functionalities, or workflows, must be accurate and must align with official SYNAXIOM publications. Under no circumstances may a Beta or Pre-release Application be used for commercial purposes until it has been officially released for production use by SYNAXIOM.

Using beta software for commercial purposes, or making unsupported claims about the software, may harm SYNAXIOM’s reputation and create confusion in the market. As such, license holders and end users must refer only to SYNAXIOM’s official websites (https://synaxiom.com / https://nivomax.com and https://helpcenter.nivomax.com) and direct publications for accurate information about the software.

8. Enforcement and Compliance

Any breach of this Policy, including unauthorized sharing, demonstrations, or representations of SYNAXIOM’s software, may constitute a violation of the license agreement. SYNAXIOM reserves the right to take the following actions in the event of non-compliance:

• Revocation of Access: SYNAXIOM may immediately revoke access to pre-release or production software.
• Termination of License: SYNAXIOM may terminate the license agreement in case of severe breaches.
• Legal Remedies: SYNAXIOM may seek legal remedies, including damages or injunctive relief, to protect its intellectual property rights.

9. Modifications to this Policy

SYNAXIOM reserves the right to amend or modify this Policy at any time. Any changes will be communicated in writing to all license holders. Continued access to and use of SYNAXIOM’s software shall be contingent upon compliance with this Policy and any amendments.

10. Governing Law

This Policy shall be governed by the laws of the Province of Quebec, Canada. Any disputes arising from or related to this Policy shall be resolved in accordance with the laws of Quebec and submitted to the exclusive jurisdiction of the courts in the Judicial District of Montreal.