inFamix - Software License Agreement

This Software License Agreement ("SLA" or "License") is a legal agreement between you (either an individual or an agent for your company, institution or other entity, henceforth "You" or "Licensee") and intooitus s.r.l. ("intooitus" or "Licensor") for the software product identified above, which includes computer software and may include associated media, printed materials, online or electronic documentation, and additional Internet-based services ("Product").

PLEASE READ THE CONTENTS OF THIS SLA CAREFULLY BEFORE USING THE ACCOMPANYING PRODUCT. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE SLA BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THE PRODUCT.

1. General

The Product, whether on disk, in read only memory, on any other media or in any other form, is licensed, not sold, to You by intooitus, for use only under the terms of this SLA, and intooitus reserves all rights, title, ownership or intellectual property rights in or to the Product, in whole or part, not expressly granted to You herein. The Product is protected by copyright and other intellectual property laws and treaties. The rights granted herein are limited to the intellectual property rights of intooitus and its licensors and do not include any other patents or intellectual property rights. Intooitus retains ownership of the Product itself. The terms of this SLA will govern any software upgrades provided to You by intooitus that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Title and intellectual property rights in and to any content displayed by or accessed through the Product belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This SLA does not grant You any rights to use such content.

2. License Specific Grants and Restrictions

2.1 You are hereby granted a non-exclusive and non-transferable license to use the Product in object code form. This license allows you to download, install and use the Product, free of charge, on any number of workstations owned or leased by You.

2.2 Except as expressly provided herein, or unless expressly authorized by Licensor in writing, You shall not rent, resell, sublicense, distribute, transfer, loan, use, lease or otherwise make available the Product or any part thereof to any third party or use the Product, or any part thereof, in an outsourcing, service bureau, application service provider or managed service provider environment.

2.3 You shall not reverse engineer, disassemble, reverse translate, decompile, or in any other manner decode the object code for the Product in order to derive the source code form.

2.4 You shall not decode any passwords, encrypted license or installation keys that have been provided by Licensor, or otherwise circumvent built-in protection mechanisms, in order to enable the execution of the Product on unauthorized equipment, or beyond the authorized time period.

2.5 You shall not remove any copyright notices, trade-marks, or any other proprietary legends and/or logos of Licensor appearing on the Product.

3. Term

3.1 The license granted herein is effective upon acceptance of this SLA by You and shall remain in effect until terminated.

3.2 Licensee may terminate this SLA at any time by complying with the requirements of paragraph 3.4 hereof.

3.3 Your rights under this License will terminate automatically without notice from intooitus if You fail to comply with any term(s) of this License.

3.4 Upon the termination of this License, You shall cease all use of the Product and destroy all copies thereof, full or partial.

4. Disclaimer of Warranties

UNLESS OTHERWISE AGREED AS PART OF A SEPARATE WRITTEN AGREEMENT BETWEEN LICENSOR AND LICENSEE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

5. Limitation of Liability

5.1 Licensee shall assume the entire risk as to Licensee's use of the output of, and the reports generated as a result of the use of the Product. Licensor shall not be liable for any indirect, special, incidental and/or consequential damages, including punitive or multiple damages, or any failure to realize expected savings, loss of data, equipment downtime, loss of use, loss of goodwill or loss of revenue or profit suffered by Licensee for any reason, nor for any claim against Licensee by any third party for damages of any kind which arise from or in connection with the delivery, use, or performance of the Product.

5.2 The foregoing limitations and exclusions of liability shall apply even if Licensor had been advised of the possibility of any such costs, losses or damages or knew or ought to have known of such costs, losses or damages and shall apply regardless of whether the action arose in contract, including, without limitation, from a fundamental breach, or breach of a condition, fundamental term or warranty, or in tort (including, without limitation negligence) or otherwise. The foregoing provisions limiting the liability of Licensor shall also apply to its officers, directors, employees, and agents as trust provisions for the benefit of such officers, directors, employees, and agents and shall be enforceable by such persons as trust beneficiaries.

5.3 The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

6. Miscellaneous

6.1 This SLA terminates and supersedes all prior oral or written communications, proposals, representations or understandings on the subject matter hereof. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of both parties.

6.2 Any notice required by this SLA or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services. If addressed to Licensor, You should use the postal address that is featured on Licensor's web site, which at the time of this writing is:

Intooitus S.R.L.

str. Petre Ramneantu nr. 15/A

300595 Timisoara, Romania

6.3 This SLA shall be construed and enforced in accordance with the laws of Romania. All disputes, controversies and differences arising out of or relating to this SLA shall be settled amicably, or in a court of law. The venue for such disputes shall be Timisoara, Romania. The United Nations Convention on the International Sale of Goods shall not apply to this SLA or the transactions contemplated hereunder.

6.4 If any provision of this SLA is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this SLA and the remaining provisions shall continue in full force and effect.

6.5 This SLA has been prepared and drawn up in the English language. In the event that this SLA is translated into any other language and in the event of a discrepancy in the interpretation between the English text and the text of the other language, the English text shall govern.

REV 1 - EN

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