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License terms

Amarisoft SAS - www.amarisoft.com
16-18 rue Rivay, 92300 LEVALLOIS PERRET, France SAS with a capital of 300,000 Euros - VAT FR21753998269 - SIREN: 753998269 (RCS Nanterre) - NAF 6201Z – DUNS 264482426

SOFTWARE LICENSE TERMS
NOTICE: THE AMARISOFT SOFTWARE PRODUCT, TOGETHER WITH ITS ACCOMPANYING DOCUMENTATION,
(THE "PRODUCT") IS THE PROPERTY OF AMARISOFT. THE PRODUCT IS MADE AVAILABLE TO YOU, THE
PURCHASER, SUBJECT TO THE FOLLOWING LICENSE AGREEMENT ("LICENSE AGREEMENT"). PLEASE READ
THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE PRODUCT. A COPY OF THIS LICENSE IS
AVAILABLE FOR YOUR FUTURE REFERENCE IN THE "LICENSE.TXT" FILE PROVIDED WITH THE PRODUCT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND
CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW,
THEN YOU MAY NOT USE THE PRODUCT. ANY USE BY YOU OF THIS PRODUCT OR INSTALLATION OF THE
PRODUCT ALSO CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.
AMARISOFT is only willing to grant you a license under this License Agreement if you obtained the Product
from AMARISOFT or an AMARISOFT authorized distributor or reseller, a list of which is available on
AMARISOFT website. If you obtained the Product from any other source you may not install or use the
Product.

1. GRANT OF LICENSE AND SCOPE OF USE
For each license that you acquire to use the Product, you will be provided with a License Certificate (a "License
Certificate"), which may be either a certificate, the installation and licensing instructions, your invoice, or an
activation file and which may be provided to you either with the Product media or separately by AMARISOFT
or its authorized distributors or resellers. The License Certificate will contain information specific to the
Product, the type of license under which you may use the Product and the number of licenses that you have
acquired. In order to activate and use the Product as set forth in this License Agreement, you must follow the
instructions when prompted by the Product.
The type of license you may acquire is a Standard License or a Floating License, all defined in Sections 1.1 and
Section 1.2 of this License Agreement. Unless your License Certificate identifies your acquisition of another
license type, you have acquired a Standard License. For more information on which license types, if any, is
included with the Product media, you should contact AMARISOFT or your AMARISOFT authorized distributor or
reseller.
Unless otherwise agreed, one (1) AMARISOFT license provides the right to use only one instance of the Product
software at a time.
Subject to the other terms and conditions of this License, you may make a reasonable number of copies of the
Product to backup devices such as hard disks, optical media, or tape and one (1) physical CD media backup
copy of the Product solely to replace the original copy provided to you if the original copy is damaged or
destroyed. All rights not specifically granted to you herein are retained by AMARISOFT.

1.1 Standard License
The terms of this Section 1.1 are applicable to you only if you have purchased a Standard License, as defined
below, for the Product directly from AMARISOFT or an AMARISOFT authorized distributor or reseller.
Subject to the terms and conditions of this License, AMARISOFT grants you, if you are an individual or if you
are an entity, a personal, non-exclusive, non-transferable and limited license to use the Product solely with
one (1) designated single hardware in your organization (a "Standard License"). This hardware is either a
Personal Computer that you hold in your organization or that AMARISOFT has supplied you. This hardware can
also be a USB device supplied by AMARISOFT.
You may purchase from AMARISOFT or an AMARISOFT authorized distributor or reseller additional licenses to
permit multiple hardware to use the Product. This right shall be agreed in writing. The Standard License shall
provide you with the right to access and use the Product, only for the number of hardware for which you have
paid the applicable license fees and obtained a License Key Certificate. The Product may be used exclusively by
the specifically designated hardware, subject to all the terms and conditions of this License Agreement. You
agree that you will not designate more hardware than the number of Standard Licenses that AMARISOFT or an
AMARISOFT authorized distributor or reseller has expressly granted you and you will not allow the Product to
be used by any hardware other than the hardware designated by you.

1.2 Floating License
The terms of this Section 1.2 are applicable to you only if you have purchased a Floating License, as defined
below, for the Product directly from AMARISOFT or an AMARISOFT authorized distributor or reseller.
Subject to the terms and conditions of this License, AMARISOFT grants you, if you are an individual or if you
are an entity, a personal, non-exclusive, non-transferable and limited license to use the Product from our
floating license server in your organization ("FLS"). Our floating license server will allow you to run the license
on a virtual machine and thus use it on any hardware in your organization (an "FLS License").
You may purchase from AMARISOFT or an AMARISOFT authorized distributor or reseller additional licenses
and place them on our license server to permit multiple hardware to use the Product.

2. SPECIAL TERMS
The following terms and conditions ("Special Terms") are specific to certain editions, versions and components
of the Product and are in addition to the provisions of Section 1. If any provision of the Special Terms
applicable to the Product conflicts with any other provision of this License, then the provision of the Special
Terms will supersede and control.

2.1 Additional license terms applicable to third party software
Certain components of the Product use or incorporate third-party software programs and/or libraries ("Third-
Party Software"), which are loaded or integrated (in both object and source code form) on the Product. You
agree that AMARISOFT's third-party licensors and suppliers are intended third party beneficiaries of all terms
and conditions of this License intended to protect intellectual property rights in the Product (including the
Third-Party Software) and limit certain uses thereof.

3. LIMITATIONS
You may not:
(a) modify, adapt, alter, translate or create derivative works of the Product or merge the Product with other
software other than as described in the Product's accompanying documentation or as approved of in writing
by AMARISOFT;
(b) lease, rent or loan the Product to any third party;
(c) sublicense, distribute or otherwise transfer the Product or any component thereof to any third party except
as expressly authorized in this Agreement;
(d) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Product;
(e) remove, alter or obscure any confidentiality or proprietary notices (including copyright and trademark
notices) of AMARISOFT or its licensors or suppliers on or accompanying the Product;
(f) allow third parties to access or use the Product including but not limited to using the Product in a time-
sharing arrangement, operating the Product as part of a service bureau or, except as expressly authorized
under Sections 1 and 2 otherwise using the Product for the use or benefit of third parties;
(g) reproduce or use the Product except as expressly authorized under Sections 1 and 2;
(h) use the Product with any other hardware than the hardware designated in your organization; or
(i) disclose or publish performance benchmark results for the Product. The rights granted under this License
apply only to this Product.
You must procure a separate license to use other AMARISOFT software. Furthermore, you may not permit end
users of the Product ("End Users") to conduct the restricted activities limited by items (a) through (e), (g) and
(i) above insofar as they apply to certain files, libraries and/or source code specifically designated as
"redistributables" by AMARISOFT in the accompanying printed or on-line documentation and that are
necessary to use your own application programs and other works created using the Product
("Redistributables"), and such End User's sublicense rights to the Redistributables are conditioned upon
compliance with such limitations. The limitations in this Section 3 apply equally to your use of the Product, in
whole or in part, including any component or Redistributable.

4. LIMITED WARRANTY AND DISCLAIMER
AMARISOFT warrants you, the initial purchaser and no other party, that any physical media included with the
Product, as and when provided to you, will be free of physical defects in materials and workmanship for a
period of thirty (30) days after the date that you initially acquire the Product.
Your exclusive remedy and AMARISOFT's sole liability for breach of this warranty is that AMARISOFT will
replace any defective media returned to AMARISOFT within the thirty (30) day warranty period. This warranty
does not apply to damages resulting from misuse, abuse or neglect. Any replacement media will be warranted
as above for the remainder of the original warranty period or twenty (20) days from the date we ship it to you,
whichever is longer.
EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, THE PRODUCT IS PROVIDED "AS IS" AND WITHOUT
WARRANTY OF ANY KIND. AMARISOFT HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY
WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUALITY, NONINFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY
THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE
ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT. TO THE EXTENT THAT AMARISOFT MAY NOT
DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH
WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

5. SERVICES, UPDATES AND PRODUCT CHANGES
AMARISOFT is not required under this License Agreement to provide any installation, maintenance service,
training or other services to you, except those expressly provided herein. Such services, if available, must be
purchased separately.
If, pursuant to a separate support agreement or otherwise, AMARISOFT provides you with a new release, error
correction, update, upgrade or other modification to the Product, such modification will be deemed part of the
Product, and subject to the terms of this License Agreement, unless the modification is expressly provided
subject to a separate License Agreement.
AMARISOFT reserves the right at any time not to release or to discontinue release of any Product and to alter
prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or
other characteristics of any future releases of the Product.

5.1 Support extension
Unless otherwise indicated, AMARISOFT License includes a one-year email support period and update.
You can subscribe to an additional one-year support and update period, at the latest within the four months
following the expiry date of the initial purchase. You can then renew subscription to this extension every year,
with the same four-month deadline. The extended support and update period starts on the day after the initial
expiry date.
Once this four-month deadline is over, an extra administrative reactivation fee is invoiced in addition to the
extension cost. The extended support and update period starts when payment of the corresponding invoice is
received.

6. REGISTRATION
You must register the Product with AMARISOFT as a condition to your rights to use the Product.
For all concerned, you will be asked to provide identification information on the hardware (serial number,
internal inventory number, other) you plan to install the Product on.

7. CONFIDENTIALITY
You acknowledge that if part of the Product in source code form exists, it remains a confidential trade secret of
AMARISOFT. You agree to hold this information in confidence, not to disclose it to any person, and not to use it
for any purpose other than the use and operation of the Product as permitted under this License Agreement.

8. LIMITATION OF LIABILITY
IN NO EVENT WILL AMARISOFT BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS
OPPORTUNITY OR DATA, ARISING FROM OR RELATING TO THIS LICENSE AGREEMENT OR THE PRODUCT,
WHETHER IN CONTRACT, IN TORT, NEGLIGENCE OR OTHERWISE, EVEN IF AMARISOFT KNEW, SHOULD HAVE
KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AMARISOFT'S TOTAL CUMULATIVE
LIABILITY ARISING FROM OR RELATED TO THIS LICENSE AGREEMENT OR THE PRODUCT, WHETHER IN
CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS
LICENSE AGREEMENT. THIS SECTION 8 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS FAILED
OF ITS ESSENTIAL PURPOSE.

9. TERM AND TERMINATION

9.1 Term
The term of this License Agreement will begin as of the date that you receive the Product and will remain in
effect unless terminated under this Section 9.

9.2 Termination for Convenience
You may terminate this License Agreement for any reason, or for no reason, by giving AMARISOFT a five-day
(5) written notice. You shall not be entitled to request repayment of any fee or payment made to AMARISOFT.

9.3 Termination for Cause
AMARISOFT may terminate this License Agreement if you breach your obligations hereunder. AMARISOFT will
affect such termination by giving you notice of termination, specifying therein the alleged breach. If your
breach is curable, you will have a grace period of thirty (30) days after such notice is served to cure the breach
described therein. If the breach is cured within the thirty (30) day grace period, then this License Agreement
will remain in effect; otherwise, this License Agreement will automatically terminate upon the conclusion of
the thirty (30) day grace period.

9.4 Effect of Termination
Upon the termination of this License Agreement for any reason the following terms shall apply:
(a) all rights granted under this License Agreement will immediately terminate and you must stop all use of the
Product and any Redistributables;
(b) you must return to AMARISOFT or destroy all copies of the Product provided to or made by you, and will,
within ten (10) days after the effective date of termination, provide AMARISOFT with written certification that
all such copies have been returned or destroyed; and
(c) all provisions of this License Agreement with the exception of the licenses granted in Sections 1 and 2, will
survive termination of this License Agreement for any reason.

10. GENERAL PROVISIONS

10.1 Audit
If you are entering into this License Agreement as an entity other than an individual (e.g., as a corporation, a
partnership, or other organization), during the term of this License and for three (3) years thereafter,
AMARISOFT or its outside auditors will have the right to conduct an audit of your records and computer
systems to verify that you have paid to AMARISOFT the correct amounts owed under this License Agreement
and determine whether the Products are being used in accordance with the terms of this License Agreement.
Any audit will be conducted during regular business hours at your facilities, with reasonable notice. You agree
to provide the audit team access to the relevant records and facilities and to provide reasonable assistance to
AMARISOFT in connection with this provision. You agree to pay the cost of the audit if any underpayments
during the period covered by the audit amount to more than five percent (5%) of the fees actually owed or if
the number of deployments of the Products is more than five percent (5%) of that licensed.

10.2 Hazardous Uses
The Product is not intended for use in connection with any application requiring fail-safe performance such as
the operation of nuclear power facilities, air traffic control or navigation systems, weapons control systems,
life support systems, or any other system whose failure could lead to injury, death, environmental damage or
mass destruction. You agree that AMARISOFT will have no liability of any nature, and you are solely
responsible, for any expense, loss, injury or damage incurred as a result of such use of the Product.

10.3 Entire License and Severability
This License Agreement constitutes the entire, final and exclusive agreement between you and AMARISOFT
regarding the specific license transaction described herein. If any provision of this License Agreement is held to
be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent
permissible and the remainder of the provisions of this License Agreement will remain in full force and effect.

10.4 Assignment
You may not transfer the Product, assign this License Agreement or assign any of your rights or delegate any of
your obligations under this License Agreement, by operation of law or otherwise (including by merger, sale of
assets or consolidation), without AMARISOFT's prior written consent. Any attempted assignment in violation
of this Section 10.4 will be void.

10.5 Export Control
You may not directly or indirectly transfer the Product, including its documentation, to any country if such
transfer would be prohibited by applicable law. You agree to the foregoing and you are representing and
warranting that you are not located in, under the control of, or a national or resident of any such country. You
will be solely responsible for identifying and complying with all laws of any jurisdiction regarding the import,
export or use of Products and technical data supplied by AMARISOFT. You will obtain at your own expense all
licenses, permits or approvals required by any government to use the Product.

10.6 Waiver and Modifications
All waivers must be in writing. Any waiver or failure to enforce a provision of this License Agreement on one
occasion shall not be deemed a waiver of any other provision or such provision on any other occasion. This
License Agreement may only be amended by a written document signed by both parties.

11. CRYPTOGRAPHY
The Product and the content provided by AMARISOFT may contain encryption software. The country in which
you are currently may have restrictions on the import, possession, and use, and/or re-export to another
country, of encryption software. BEFORE using any encryption software, please check the country's laws,
regulations and policies concerning the import, possession, or use, and re-export of encryption software, to
see if this is permitted.

12. NON-RECURRING ENGINEERING
The intellectual property of all items designed, developed and manufactured by AMARISOFT resides and
remains with AMARISOFT. The payment of Non-Recurring Engineering (NRE) charges by you does not confer
any rights to the intellectual property of any designs which emanate directly or indirectly from the
development. As part of any contract, whether it includes the payment of NRE or not, you must accept
without reservation that AMARISOFT is the rightful owner of all intellectual property rights for the Product
and/or other products which are supplied under this Licence Agreement or standard supplies to you. You must
not copy, or allow any third party to copy the designs of any AMARISOFT's products.