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4D PRODUCT LINE LICENSE AGREEMENT WARNING ! You should carefully read all the terms and conditions of this Agreement before continuing to load the Software. This is a license Agreement between 4D SA ("4D SA"), a French "Socié Anonyme", and you ("LICENSEE"). By pressing on the button "Yes", LICENSEE agrees to be bound by all the terms and conditions of this Agreement. If you do not agree with these terms and conditions, please immediately return the media containing the Software along with the package and a copy of the corresponding sales receipt to the location where you obtained it for a full refund. This license only extends to the Software and Documentation for which LICENSEE has purchased a license for and has received an authorized serial number. 4D SA is willing to license the Software and the Documentation to LICENSEE only on the condition that LICENSEE accepts all the terms contained in this license Agreement. 1. OWNERSHIP AND LICENSE This is a license agreement and NOT an agreement for sale. 4D SA continues to own the copy of the Software contained in the package and all other copies that LICENSEE is authorized to make in accordance with this Agreement. LICENSEE's rights to use the Software are specified in this Agreement and 4D SA retains all rights not expressly granted to LICENSEE in this Agreement. 2. RIGHTS GRANTED 4D SA grants LICENSEE a personal and non-exclusive right to use the programs contained on the media for which LICENSEE has purchased a license and has received an authorized serial number and related documentation, including updates, patches, and new versions that may be provided under a maintenance and support agreement (the "Software"). The electronic documentation files and/or the documentation contained on the related media are defined as "the Documentation" and included in the definition of "the Software". A. SOFTWARE RIGHTS For the computer platform(s), the language and the number of concurrent users indicated on the media labels, other enclosed materials and/or in the media, for which LICENSEE has paid the appropriate license fees, 4D SA grants LICENSEE the following rights on the terms and conditions below: "Single Use," means that the licensed Software is a single product for a single installation and use on a stand-alone computer exclusively. "Multi-User" means that the licensed Software is a multi-user product for an installation and use in a client/server network pursuant to appropriate license fees which are on a per "concurrent user" basis. "The authorized number of concurrent users" means the maximum number of simultaneously connected users who are authorized by LICENSEE at a given point in time and for which 4D SA has received appropriate license fees from LICENSEE. LICENSEE may: Single Use: a) install and use the Software on any micro-computer, provided the Software is used on one micro-computer at a time; b) transfer the Software from one micro-computer to another, provided the Software is used on one micro-computer at a time. Multi-User: a) install and use the Software solely for internal data processing operations on one micro-computer ("server computer") only, and on client computers in a single client/server computer network; b) transfer the Software from one server computer to another, provided the Software is used on one server computer at a time; c) use the Software on as many client computers as necessary in order to satisfy for LICENSEE's needs, provided Software is used by no more than the maximum number of authorized concurrent users. Single Use and Multi-User: a) transfer the Software on a hard disk only for use as described above provided that LICENSEE does not use the original media on another computer at the same time and that LICENSEE can immediately prove ownership of the original license; b) make copies of the Software for back-up and archival purposes only and in executable form, provided that LICENSEE reproduces all the copyright, trademark and other proprietary notices which appear on or in the Software; c) transfer all LICENSEE's right to use the Software to a third party, provided that LICENSEE transfers this Agreement, the Software including all copies, updates and prior versions, and all documentation to such third party and provided that LICENSEE retains no copies of the Software. Such transfer involves the termination of the license granted to LICENSEE who no longer has any right to use the Software. LICENSEE may not: Single Use: a)install and use the Software on a computer network. (If LICENSEE wishes to use the Software on more than one micro-computer, LICENSEE must obtain an additional license, subject to 4D SA's standard fees in effect at the time of order); b)use the Software to create application and/or data servers, except in case LICENSEE has been granted a license for 4D WEB EXTENSION pursuant to payment of appropriate license fee. Multi-User: - transfer to another computer platform or operating system, and/or use of the Software with more than the Authorized Number of Concurrent Users. (LICENSEE must pay a license fee according to 4D SA's standard fees in effect at a time for such a transfer or increase of Concurrent Users); Single Use and Multi-User: a) ) Sublicense, sell, lease, rent, use the Software, or permit any third party to use the Software, for consulting services, time sharing, service bureaus, outsourcing services, application service provider services, or application hosting provider services or grant any kind of rights regarding the Software or any portion thereof (except the rights granted in article 2) in any form to any third party without the prior written consent of 4D SA, which if given, is subject to the conferee's consent to the terms and conditions of this license; b) transfer the Software to another computer platform or operating system. (LICENSEE must pay a license fee according to 4D SA's standard fees in effect at a time for such a transfer; c) modify, translate, reverse-engineer, decompile, disassemble, partially or completely, the Software, except as otherwise mentioned by the legal measures in force; d) remove or alter any Software identification, proprietary notice, labels or trademarks which appear on or in the Software; e) use the back-up and archival copy (or allow anyone else to use such copy) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective; f) disclose the results of any benchmark or other test of the Software, without 4D SA's prior written consent; g) use the Software in violation of any Country, Treaty, Federal or State law, regulation or rules, including laws with respect to misuse or improper use of information. B. EXCEPTIONS - 4D ENGINE: a) LICENSEE may only use the Software to run and deploy, within the limit of the number and the term of the licenses granted for 4D RUNTIME (all platforms included), one or more compiled single-user applications developed with 4D ("4D Application(s)") and solely coupled with 4D Application(s). Such license is granted to LICENSEE for a term of one year and may be renewed according to the then applicable terms and conditions. In no event, the Software may be used and deployed outside the scope of 4D Application(s). b) LICENSEE may run and deploy the Software, for the purpose of deploying demonstration versions of 4D Application(s) for evaluation and marketing purposes provided LICENSEE does not make any direct profit from such demonstration versions. Deployment of demonstration versions of 4D Application(s) for any other purpose than evaluation and marketing is subject to a separate license agreement. - 4D RUNTIME, 4D SERVER APPLICATION: The Software may be used solely for execution purposes, to run one or more compiled or interpreted applications developed with 4D ("4D Application(s)") as part of the concerned 4D Application. In no event, the Software may be used to develop new applications and/or for general purpose, database management. - 4D WEB EXTENSION /4D SERVER WEB EXTENSION: The Software may be used as an Intranet/Internet Server, without limitation of the number of connections, being agreed that the license is granted to LICENSEE provided LICENSEE has previously acquired a 4D PRODUCT LINE license and is limited to one "4D Application" (as above defined) exclusively. C. ELECTRONIC DOCUMENTATION RIGHTS LICENSEE may: a) Print the Electronic Documentation for use with the Software. b) Transfer the HTML files to a server for use on LICENSEE's Intranet. c) Transfer the Electronic Documentation on a hard drive for LICENSEE's use with the Software. LICENSEE may not: a) Distribute the Documentation. b) Transfer the Documentation in any manner that causes it to be accessed on the Internet. c) make derivative works of the Documentation. D. OTHER RIGHTS The Software may include one or more libraries, files or other items intended to help LICENSEE to use the Software. 4D SA grants LICENSEE the right to use these libraries, files and other items provided LICENSEE complies with the terms of this Agreement and any terms specific to the libraries or files. LICENSEE should refer to the Documentation and the "Read me" file included in the Software for additional information and terms. LICENSEE is informed that the Software may give access to a library that allows LICENSEE to code certain information in the applications developed with the Software. LICENSEE agrees that some laws do not allow or limit the use of the algorithms contained in this library and agrees to comply with all applicable laws and regulations related to such use. In any case, it is LICENSEE's responsibility to make sure that any user of the Software complies with the terms of this License Agreement. 3. TECHNICAL SUPPORT SERVICES AND UPDATE RIGHTS If LICENSEE wants to obtain technical support services and update rights to the Software from 4D SA, LICENSEE MUST REGISTER THE SOFTWARE AS SOON AS POSSIBLE, BY APPROPRIATE MEANS, including, if necessary, on line according to the methods as indicated on 4D SA Web Site. If the package contains an update of the Software, the update constitutes a single product with the Software. Consequently, LICENSEE ceases using the previous version of the Software and/or permitting such use and LICENSEE agrees to all the terms of this Agreement which govern the terms and conditions of use of the updated Software. 4. LIMITED WARRANTY & LIABILITY 4D SA exclusively warrants that: - the Software is recorded on a medium free from defects in materials and workmanship under normal use and service, - the Software shall be capable of performing the essential functions described in the Documentation, when used in the technical environment as indicated on the media label and Documentation. The above warranty is valid for a period of ninety (90) days from the date of delivery as evidenced by a copy of the sales receipt, provided that LICENSEE returns the Software to the location where the Software was obtained. In case of such failure, 4D SA's entire liability and LICENSEE's entire remedy shall be, at 4D SA's option, either: a) the replacement of the media and/or the Software, being agreed that the replacement Software will be warranted for the remainder of the original warranty period, or b) the refund of the license fee paid for the Software and the termination of this contract. However, if the failure has resulted from an accident, abuse, modification of the Software or a misapplication, 4D SA shall have no responsibility to replace the media or refund the license fee. The warranty stated above is exclusive and in lieu of all other warranties, whether express or implied, including but not limited to the warranties of performance, merchantability, fitness for any particular purpose, and non-infringement to third party rights. More specifically, 4D SA does not warrant that the functions included in the Software will meet LICENSEE's requirements or that the operation will be uninterrupted or error free or that all errors will be corrected. The entire risk as to the choice, use, quality, and performance of the Software and any application developed with Software is with LICENSEE. Further, it is LICENSEE's responsibility to take the necessary steps for the protection of its data. Neither 4D SA nor anyone else who has been involved in the design, production, or distribution of the Software will be liable for any incidental, consequential, direct or indirect damages caused to LICENSEE, any user or third party, including but not limited, to the loss of profits, loss of data or any other financial loss arising from the use of the Software or inability to use it even if 4D SA has been notified of the possibility of such damages. In any case, 4D SA's liability shall not exceed the amount of money in application of this license of agreement. The foregoing does not affect or prejudice LICENSEE's statutory rights. 5. INTELLECTUAL PROPERTY The Software is the intellectual property of 4D SA and/or its suppliers and is protected by French copyright law, international treaty provisions, and applicable laws of the country in which it is being used. Trademarks, logos and trade names quoted in the Agreement, on or in the Software are the property of their respective owners. Any reproduction whether whole or partial of the Software is only granted on the absolute condition that it contains all the legal specifications of the Software property. 6. NON-DISCLOSURE The structure and organization of the Software are valuable trade secrets and confidential information of 4D SA and its suppliers. LICENSEE shall not disclose such trade secrets. LICENSEE expressly agrees that 4D SA has the right to publicly announce the 4D SA/LICENSEE relationship. The obligation of non-disclosure shall remain in force after termination of this Agreement. 7. TERM & TERMINATION This license is effective until terminated. The LICENSEE may terminate a License at any time without cause upon written notice. 4D SA may terminate this agreement at any time and without prior written notice in the event of any breach of this agreement by the LICENSEE. This termination shall not relieve the LICENSEE from its liability arising before the termination date. If the LICENSEE fails to comply with any provision of this Agreement, this license and your right to use the Software automatically terminate. This termination does not prevent 4D SA from claiming any further damages. Upon termination for any reason, the LICENSEE shall destroy or return the Software and any copy made whether partial or whole, to 4D SA. The LICENSEE shall certify by means of a written document duly signed by a legal representative that the provisions of the present article have been respected within a time limit of thirty (30) days from the date of termination. 8. AUDIT The LICENSEE permits 4D SA to perform either itself or by any representative any audit or control in order to verify that the LICENSEE complies with all provisions of this agreement. 9. MISCELLANEOUS PROVISIONS It is LICENSEE's responsibility to comply with any applicable export control laws and regulations. LICENSEE shall not directly or indirectly transfer the Software to any country to which such transfer would be prohibited by any applicable export control laws or would be subject to an export license or any administrative authorization, without having obtain first, such license or authorization. Further, LICENSEE warrants that LICENSEE is not under control, is not a national or a resident of a country to which exporting the Software is not allowed by virtue of any Export laws or regulations. No change or modification to this Agreement will be valid unless it is in writing, and is signed by LICENSEE and an authorized officer of 4D SA. If any provision of this Agreement is held to be unenforceable upon a definite legal, statutory or judicial determination, the remainder of this Agreement shall continue in full force and effect. The waiver by 4D SA of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default. This is the entire agreement between 4D SA and LICENSEE relating to the Software. This Agreement supersedes any prior purchase order, communications, advertising or representations concerning the Software. A printed version of this Agreement under electronic form and any warning notice delivered under electronic form by 4D SA, shall be accepted in the course of any legal proceedings regarding the execution of this Agreement. The relationship between 4D SA and the LICENSEE is that of LICENSOR/LICENSEE. In all matters relating to the present Agreement, the LICENSEE will act as an independent party. This Agreement will be governed by the laws in force in the country/state where 4D SA or the local 4D SA subsidiary or distributor is located. Any dispute, controversy or claim arising out of or related to this Agreement shall be settled by adjudication before the competent courts of the country / state where LICENSEE has obtained this Software. In the United States, LICENSEE consents to personal jurisdiction in California. Venue shall be in Santa Clara County, California. THE LICENSEE ACKNOWLEDGES TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT PRINTED ABOVE. Should LICENSEE have any questions concerning this Agreement or wish to request any information from 4D SA, please contact 4D SA (33) (0)1 40 87 92 00 (e-mail: info@4d.fr) or the local 4D SA subsidiary serving your country. * Notice to United States Government end-users: Use, duplication or disclosure by the US Government is subject to restrictions stated in paragraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013. All 4D SA product names are registered trademarks of 4D SA. All other trade names and trademarks are trademarks or registered trademarks of their respective holders.

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