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OpenLink Software License Agreement

Product: OpenLink Virtuoso Enterprise - Client Server Edition

Configuration Type: Client Server

READ CAREFULLY: This License Agreement is a legal agreement between you (either an individual or a single entity) and OpenLink Software, Inc. for the OpenLink software accompanying this License agreement, which includes computer software and may include associated media, printed materials, and online or electronic documentation. By exercising your rights to make and use copies of the software product, you agree to be bound by the terms of this license agreement. If you do not agree to the terms of this license agreement, you may not use the software product.

USE

You (an entity or a person) can make use of the software identified above (the "Software") in the quantity stated above if you meet the following conditions:

OpenLink Server Components (Virtuoso Universal Server) You must acquire one copy of the software for each server on which the Software will be installed. You may use any release of the OpenLink Server Components under this Agreement, provided that the total number of OpenLink Server Components in use does not exceed the total number stipulated above.

The Software is "in use" on a computer when it is resident in memory (i.e. RAM) or installed on the hard disc (executable and other files) or other storage device. Software installed on a server for distribution purposes only is not considered "in use".

If the Software is stored on a computer other than a network server then the primary user may also use the Software on a home and/or laptop computer, provided the Software is used on only one machine at a time.

You may take one (1) archive copy of the Software.

UPGRADES

If the Software is an upgrade, you are authorized to use the Software only if you are an authorized user of a qualifying product as determined by OpenLink Software. When you install the upgrade you must delete the copy of the qualifying product.

RESTRICTIONS

You may not alter, merge, modify or adapt this Software in any way including disassembling or decompiling. This does not affect your rights under any legislation implementing the EC Council Directive on the Legal Protection of Computer Programs. You may not loan, rent, lease or license this Software or any copy. You may transfer the Software provided you transfer the Software and all documentation and media and you do not retain any copies.

COPYRIGHT

All intellectual property rights in the Software and user documentation are owned by OpenLink Software or its suppliers and are protected by the European Union copyright laws, other applicable copyright laws and international treaty provisions. OpenLink Software retains all rights not expressly granted.

LIMITED WARRANTY

The software product and documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the software product remains with the user. OpenLink Software makes no warranty representation, either express or implied, with respect to the Software or user documentation, including their quality, performance, merchantability or fitness for a particular purpose.

The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. No OpenLink Software dealer, distributor, agent or employee is authorized to make any modification or addition to this warranty, save that nothing in it affects any rights you may have against us for death or personal injury caused by our negligence.

LIMITATION OF LIABILITY

Because software is inherently complex and may not be completely free of errors, you are advised to verify your work and to make backup copies. In no event will OpenLink Software be liable for direct, indirect, special, incidental, cover or consequential damages arising out of the use of or inability to use the Software or user documentation, even if advised of the possibility of such damages. In no case shall OpenLink Software's liability exceed the amount paid by you for the Software. To the extent that applicable law does not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, the above limitation may not apply to you.

TERMINATION

OpenLink Software may terminate this license agreement if you fail to comply with the terms and conditions of the license agreement. In such event, you must destroy all copies of the software and all of its component parts.

U.S. GOVERNMENT RESTRICTED RIGHTS

The enclosed Software and/or user documentation is provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate 111(g)(3) (June 1987), FAR 52.227-19 (June 1987) or DFARS 52.227-7013 (c)(1)(ii) (June 1988), as applicable. Contractor/Manufacturer is OpenLink Software, Suite 273, Airport House, Purley Way, Croydon, Surrey, CR0 0XZ, United Kingdom.

GENERAL

This agreement is covered by the law of the United States and the European Union and both parties accept the jurisdiction of the courts of either country. The export of this product is governed by U.S. and European Union export regulations