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Licensing Conditions

UBIQUITY SOFTWARE CORPORATION PLC

SOFTWARE END USER LICENSE AGREEMENT

UBIQUITY UNSUPPORTED CODE

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER AS MAY BE APPLICABLE) AND UBIQUITY SOFTWARE CORPORATION PLC ("UBIQUITY"). READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE PRODUCTS. IT PROVIDES A LICENSE TO USE THE PRODUCTS AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE "ACCEPT" BUTTON, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE PRODUCTS, AGREEING TO BE BOUND BY THE TERMS OF THIS EULA AND REPRESENTING THAT YOU HAVE THE FULL RIGHT, POWER AND AUTHORITY TO ENTER INTO AND PERFORM THIS EULA (INCLUDING, WITH RESPECT TO YOUR ACCEPTANCE OF THESE TERMS, THE AUTHORITY TO AGREE ON BEHALF OF YOUR EMPLOYER). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "DO NOT ACCEPT" BUTTON, DO NOT INSTALL THE PRODUCTS AND RETURN THE PRODUCTS TO UBIQUITY OR ITS RESELLERS, AS APPLICABLE, FOR A FULL REFUND.

1. DEFINITIONS

1.1 "Product" or "Products" means the Ubiquity software program(s) supplied by Ubiquity under this EULA and any Ubiquity supplied documentation for such software ("Documentation").

2. LICENSE GRANT.

2.1 Subject to the terms and conditions of this EULA, Ubiquity hereby grants You a personal, non-exclusive and non-transferable license to install and use one copy of the executable code of the Product for internal testing, evaluation and development purposes.

2.2 Scope of License. YOU ACKNOWLEDGE AND AGREE THAT THIS PRODUCT IS PROVIDED AS-IS WITHOUT ANY WARRANTIES AND IS PROVIDED WITHOUT ANY SUPPORT. ALL RISK OF USE OF THIS PRODUCT IS BORN SOLELY BY YOU. Unless expressly permitted by a separate written agreement between Ubiquity and You, this EULA and the license granted herein do not entitle You to receive from Ubiquity any hard-copy documentation, maintenance (including but not limited to bug fixes and error corrections), technical support, telephone assistance, training, enhancements, new versions, new releases or updates to the Product, access to any online services, professional services or a license or access to any other Ubiquity product or services.

2.3 Copies. You may make one copy of the Product in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Product.

2.4 Installation. You are solely responsible for the installation of the Products.

2.5 Audit. You agree that Ubiquity may audit your use of the Product for compliance with these terms at any time upon reasonable notice.

3. RESTRICTIONS

3.1 Restrictions on Use. Unless expressly permitted by another agreement between Ubiquity and You, You shall not: (i) customize, modify or create any derivative works of the Product or Documentation(including any translation or localization); (ii) incorporate the Product or the Documentation, or any portion thereof, into or with any other software, service or documentation; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product except as permitted by law; (iv) distribute, redistribute, encumber, sell, rent, lease, license, sublicense or otherwise transfer rights to the Product; (v) remove, alter or use any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or to the Product; (vi) use the Product for service bureau purposes; (vii) publish or provide to any third party any results of benchmark tests run on the Product, without Ubiquity's express prior written consent; or (viii) make the Product available to any person outside Your organization, whether or not such person is charged for such use of or access to the Product.

4. OWNERSHIP. The foregoing license gives You limited license to use the Products. Ubiquity and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Product (as an independent work and as an underlying work serving as a basis for any application You may develop), derivative works thereof and all copies thereof. All rights not specifically granted in this EULA, are reserved by Ubiquity and its suppliers.

5. TERM; TERMINATION.

5.1 Term. This EULA shall be effective upon the date You accept this EULA by clicking the "Accept" button during installation of the Product and shall be perpetual unless terminated earlier pursuant to this Agreement.

5.2 Termination. Without prejudice to any other rights, either Party may terminate this EULA immediately upon written notice to the other. Upon any termination or expiration of this EULA, You shall immediately destroy all copies of the Product and remove the Product from any and all systems on which it is installed.

6. WARRANTY AND DISCLAIMERS.

6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIRD PARTY PRODUCTS ARE PROVIDED AS IS AND WITHOUT ANY WARRANTIES.

6.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UBIQUITY, ITS SUPPLIERS AND RESELLERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE TO THE PRODUCT WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, QUALITY OF PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE. UBIQUITY DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE CONTINUOUSLY, WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF DEFECTS OR IS SUITABLE FOR YOUR INTENDED PURPOSE.

6.3 YOU ACKNOWLEDGE THAT DUE TO THE COMPLEXITY OF THE PRODUCTS, IT IS POSSIBLE THAT USE OF THE PRODUCTS COULD LEAD TO THE UNINTENTIONAL LOSS OR CORRUPTION OF DATA. YOU ASSUME ALL RISK OF USE INCLUDING SUCH DATA LOSS OR CORRUPTION.

7. LIMITATION ON LIABILITY.

7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UBIQUITY, OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR ANY THIRD PARTY PRODUCT EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UBIQUITY, OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR DAMAGES FOR LOSS OF GOODWILL, LOST DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

7.2 UBIQUITY'S TOTAL AGGREGATE LIABILITY UNDER THIS EULA SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY) PAID BY YOU FOR THE LICENSE GRANTED HEREUNDER; EXCEPT NOTHING IN THIS EULA SHALL HAVE THE EFFECT OF LIMITING OR EXCLUDING LIABILITY IF AND TO THE EXTENT THE SAME MAY NOT BE LIMITED OR EXCLUDED AS A MATTER OF LAW.

8. BASIS OF THE BARGAIN. YOU ACKNOWLEDGE THAT UBIQUITY HAS SET THE FEES AND ENTERED INTO THIS EULA IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY, EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS EULA AND SUCH LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND UBIQUITY. UBIQUITY WOULD NOT BE ABLE TO PROVIDE THE PRODUCTS WITHOUT SUCH LIMITATIONS. THESE LIMITATIONS INURE OT THE BENEFIT OF UBIQUITY’S SUPPLIERS.

9. EXPORT CONTROL. You agree to comply with all export laws and restrictions and regulations of the United Kingdom and any applicable foreign agencies or authorities, and not to export or re-export the Product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals.

10. GENERAL.

10.1 The construction, validity and performance of this EULA shall be governed by the laws of England and the parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts. This EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

10.2 A person who is not a party to the EULA may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

10.3 You may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein without Ubiquity’s written consent.

10.4 This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by You in relation to the Products licensed hereunder shall be of no effect. The failure or delay of Ubiquity to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

Contact: Ubiquity Software Corporation plc, Building 3, Eastern Business Park, Wern Fawr Lane, St Mellons, Cardiff CF3 5EA United Kingdom, Attention: Technical Services and Operation Manager.