Advanced Experience Inc.

End User License Agreement

LICENSE AGREEMENT

This License Agreement is a legally enforceable document entered into by Advanced Experience (or one of its affiliates, depending on where you live) and you (an individual or a legal entity, client) with regard to the Advanced Experience producs, including the media on which it is delivered to you, if any. Please read it carefully. The electronic license agreement can be replaced or modified by the terms of a printed-paper license agreement if any comes with the software.

The terms and conditions of this license agreement also apply to any Advanced Experience product updates, improvements, modifications and supplements, technical support services, and Internet-based services for this software, unless otherwise stipulated in the accompanying terms for those items. If so, those terms shall apply.

BY INSTALLING AND USING THE SOFTWARE, YOU AGREE THAT YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT. SHOULD YOU NOT ACCEPT THEM, PLEASE, REFUSE FROM FURTHER USE OF THE SOFTWARE. YOU CAN RETURN IT TO ITS VENDOR AND GET A REFUND IN THE AMOUNT OF MONEY YOU HAVE PAID FOR IT.

Should you not be able to obtain a refund, contact Advanced Experience or its affiliate responsible for providing information about Advanced Experience’s refund policies in your country.

BY USING THIS SOFTWARE, YOU AGREE THAT CERTAIN COMPUTER INFORMATION MAY BE TRANSMITTED DURING ACTIVATION, VALIDATION AND FOR INTERNET-BASED SERVICES PROVISION.

IF YOU COMPLY WITH THE TERMS OF THIS LICENSE AGREEMENT, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.

1. GENERAL TERMS.

The software is licensed on a per copy per device basis. A hardware partition or blade is considered to be a separate device.

2. USE RIGHTS AND RESTRICTIONS.

The license permits you to install one copy of the software on one device (hereinafter referred to as the “licensed device”). You may not use one copy of the software on more than one licensed device at a time. If you need to use the software on a portable device, install another copy of the software on it. This copy must be used by the single primary user of the licensed device. All the software components are licensed as a single unit. You are not allowed to separate the software components and install them each on different devices.

The software may come in several versions (such as 32-bit and 64-bit). The license permits you to install and use only one version at a time.

3. OTHER LICENSE RESTRICTIONS AND/OR USE RIGHTS.

3.1 Multiplexing. If you use any hardware or software for pooling connections, rerouting information, or reducing the number of users or devices that directly use or have access to the software (sometimes referred to as “pooling” or “multiplexing”), this does not reduce the number of licenses you need in order to work with the software.

3.2 Product’s Media Elements. The software or the services associated with the software may contain media images, animations, clip art, music, sounds, video clips, templates and other supplementary data (hereinafter referred to as “media elements”), which you may have access to. Copying and using the media elements in projects and documents is allowed. However, it is prohibited to (i)sell, license or distribute copies of the media elements by themselves or as a product if the media elements are the primary value of the product; (ii) transmit to your customers rights to further license or distribute the media elements; (iii) distribute for commercial purposes or license media elements that represent identifiable individuals, governments, logos, emblems, or trademarks, or use these types of images in ways that could imply an endorsement or association with your product, entity or activity; or (iv) create obscene or scandalous works using the media elements.

3.3 Use with Virtualization Technologies. Instead of using the software directly on the licensed device, you may install and use the software within only one virtual (or otherwise emulated) hardware system on the licensed device.

3.4 Remote Access. The single primary user of the licensed device may access and use the software installed on the licensed device remotely from any other device. You may allow others to access the software to provide you with support services. You do not need additional licenses for this access. No other person may use the software under the same license at the same time for any other purpose.

3.5 Language Version Selection. If you are provided with a one-time selection between language versions, without a language pack or LIP, you may use only the one language version you select. If you were not provided with a language selection, the language version will default to the language of your operating system or, if your operating system language is not available, to another available language. If you acquire a language pack or LIP, you may use the additional languages included in the language pack. Language packs offer additional language version support of the software. The language packs are a part of the software and may not be used separately.

3.6 Trial and Conversion. Some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth upon obtaining a trial version key or during the activation process. Upon using the Software without a valid trial version key, the software functionality might be limited. You may have the option to convert your trial rights to subscription or perpetual rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, most features of the trial software will stop running. At that time you can continue to open, view and print any documents you created with the trial software.

3.7 Subscription Software. If you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period. You may have the option to extend your subscription or convert to a perpetual license. If you extend your subscription, you may continue using the software until the end of your extended subscription period. See the software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, most features of the software will stop running. At that time you can continue to open, view and print any documents you created with the software.

3.8 Full multi-user version. Unless otherwise stipulated in the license terms, upon acquiring the Key, the user obtains a License to work with as many copies of the said version of the Software as specified in the Sales Contract or Purchase Confirmation document.

Each user of such a copy has a right to use the program according to this license as a single user license.

4. MANDATORY ACTIVATION.

Activation associates the use of the software with a specific device. During activation, the software will send information about the software and the device to Advanced Experience. This information includes the version, the license version, language and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for activation. UNLESS THE SOFTWARE IS ACTIVATED, YOU HAVE NO RIGHT TO USE THE SOFTWARE AFTER THE TIME PERMITTED FOR ACTIVATION. This is to prevent its unlicensed use. YOU ARE NOT PERMITTED TO BYPASS OR CIRCUMVENT ACTIVATION. You can activate the software by Internet. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. THE SOFTWARE WILL REMIND YOU TO ACTIVATE IT UNTIL YOU DO.

5. VALIDATION.

a. The software will from time to time request download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed. A validation check confirming that you are properly licensed permits you to use the software, certain features of the software or to obtain additional.

b. During or after a validation check, the software may send information about the software, the device and the results of the validation check to Advanced Experience. This information includes, for example, the version and product key of the software and the Internet protocol address of the licensed device. Advanced Experience does not use the information to identify or contact you. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION

c. If, after a validation check, the software is found to be counterfeit, improperly licensed, or a non-genuine product then the functionality or experience of using the software may be affected. For example, Advanced Experience may:

  • provide notice that the software is improperly licensed or a nongenuine product;

and you may

  • receive reminders to obtain a properly licensed copy of the software;

or

  • need to follow Advanced Experience’s instructions to be licensed to use the software and reactivate;

and you may not be able to

  • use or continue to use the software or some of the features of the software; or
  • obtain certain updates or upgrades from Advanced Experience.

d. You may only obtain updates or upgrades for the software from Advanced Experience or authorized sources

6. INTERNET-BASED SERVICES.

Advanced Experience provides Internet-based services with the software. It may change or cancel them at any time.

a. Consent for Internet-Based Services. The software features described below connect to Advanced Experience or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Advanced Experience does not use the information to identify or contact you.

  • Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Advanced Experience uses this information to make the Internet-based services available to you.
  • Web Content Features. Features in the software can retrieve related content from Advanced Experience and provide it to you. Examples of these features are clip art, templates, online training, online assistance and help. You may choose not to use these web content features.
  • Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet, when available.

b. Automatic Update. Software may periodically check with Advanced Experience for updates and supplements to the software. If found, these updates and supplements might be automatically downloaded and installed on your licensed device.

c. Use of Information. Advanced Experience may use the device information, error reports, and malware reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Advanced Experience software.

d. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.

7. SCOPE OF LICENSE.

The software is licensed, not sold. This agreement only gives you some rights to use the features included in the software edition you licensed. Advanced Experience reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:

  • work around any technical limitations in the software;
  • reverse engineer, modify, decompile or disassemble the software, , as well as to attempt to disclose the production technology, except and only to the extent that applicable law expressly permits, despite this limitation;
  • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
  • distribute or publish the software, its full copy or some parts or the License Key for others to copy;
  • use the software in any way that is against the law;
  • rent, lease or lend, grant under the license or sub-license, for compensation or free of charge, the software or the License Key;
  • use the software for commercial software hosting services;
  • copy, imitate or create derivative or similar products on the basis of the whole or any part of the software;
  • use the binary and/or source code of the software in order to imitate, copy or replicate the algorithm of the software, which is an intellectual property of the Advanced Experience and is protected by copyright, without a written consent of the Advanced Experience.

8. TRANSFER OF THE LICENSE KEY.

You may not grant for free, sell or otherwise transfer the License key for the software to third persons. You may not distribute the License key for the software without the written consent of the Advanced Experience. Such actions will be considered as a violation of copyright. The Advanced Experience retains the right to demand compensation of losses inflicted to them due to the transfer of the License key or code contained in it by the Licensee to third persons. The compensation amount shall include all the expenses that the Advanced Experience will incur when defending their rights in a court.

9. BACKUP COPY.

a. Media. If you acquired the software on a disc or other media, you may make one backup copy of the media. You may use it only to reinstall the software on the licensed device.

b. Electronic Download. If you acquired and downloaded the software online, you may make one copy of the software on a disc or other media in order to install the software on the licensed device. You may also use it to reinstall the software on the licensed device.

10. DOCUMENTATION.

Any person that has valid access to your licensed device or internal network may copy and use the documentation for your internal, reference purposes.

11. NOT FOR RESALE SOFTWARE.

You may not sell software marked as “NFR” or “Not for Resale.”

12. GEOGRAPHIC RESTRICTIONS.

If the software is marked as requiring activation in a specific geographic region, then you are only permitted to activate this software in the geographic region indicated on the software packaging. You may not be able to activate the software outside of that region.

13. UPGRADE OR CONVERSION.

Within 1 (one) year from the moment of accepting this Agreement and installing the Product, you have a right to obtain the Product Updates free of charge if the Advanced Experience provides you with such a possibility. To upgrade or convert software, you must first be licensed for the software that is eligible for the upgrade or conversion. Upon upgrade or conversion, this agreement takes the place of the agreement for the software you upgraded or converted from. After you upgrade or convert, you may no longer use the software you upgraded or converted from.

In that, the Advanced Experience is not obliged to develop, issue or announce any such Updates. The Advanced Experience retains the right to charge additionally for the subscription for Updates, technical support and/or maintenance upon the expiry of the above period. You may subscribe to receiving software Updates on a fee basis for a period agreed with the Advanced Experience. No provisions of this license can be interpreted as granting you any rights or title for other Products of the Advanced Experience or for Updates for other Products of the Advanced Experience, except for the Updates for the software with regard to which you have signed this license. This license does not oblige the Advanced Experience to provide any Updates. If the software or some its part is an Update for the previous version of the Product, you need to have a valid License for the previous version of the software. If you do not have a valid License for the previous version of the software, but you have such a License for earlier versions of the software, you need to receive the previous software Updates or to purchase the latest version а the software in order to qualify for current Updates.

If the Update you are obtaining is significant (a new software Product release), the software is provided to you on the license replacement basis. By accepting the terms of this license and by installing this software release, you agree that your previous version automatically turns null and void; you may not work with it and may not transfer it to third persons.

14. PROOF OF LICENSE.

a. Genuine Proof of License. If you acquired the software on a disc or other media, your proof of license is the genuine Advanced Experience certificate of authenticity label with the accompanying genuine product key and your proof of purchase. If you purchased and downloaded the software online, your proof of license is the genuine Advanced Experience product key for the software which you received with your purchase and your proof of purchase from an authorized electronic supplier of genuine Advanced Experience software. Proof of purchase may be subject to verification by your merchant’s records.

b. Upgrade or Conversion License. If you upgrade or convert the software, your proof of license is:

  • the genuine proof of license for the software you upgraded or converted from; and
  • the genuine proof of license for the software you upgraded or converted to.

15. REASSIGN TO ANOTHER DEVICE.

You may reassign the license to a different device any number of times, but not more than one time every 90 days. If you reassign, that other device becomes the “licensed device.” If you retire the licensed device due to hardware failure, you may reassign the license sooner.

16. TRANSFER TO A THIRD PARTY.

The first user of the software may make a one-time transfer of the software and this agreement, by transferring the genuine proof of license directly to a third party. The first user must remove the software before transferring it separately from the licensed device. The first user may not retain any copies of the software. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. If the software is an upgrade, any transfer must also include all prior versions of the software.

17. CORPORATE LICENSE.

Unless otherwise stipulated in the license terms, upon acquiring the Key, the user obtains a License to work with as many copies of the said version of the Software as specified in the Sales Contract or Purchase Confirmation document. Each user of such a copy has a right to use the program according to this license as a single user license. a. Corporate license — is a multiuser license for commercial or noncommercial organizations that allows working with specified copies of the Software. In this case, the Sales Contract or Purchase Confirmation document contains the name of the Software with a "Corporate" mark.

 

b. A Corporate license allows working with the Software on both client devices and those of the client's affiliates. In this case, Advanced Experience additionaly sends to the client the list of such affiliates on whose devices installation is allowed. By installing and using the software each organization from this list agrees that it accepts the terms of this license agreement.

c. Companies and organizations included into the above affiliates list are not third parties in terms of this document.

d. You should count and maintain record of all the devices with the Software installed for 2 (two) years from the moment of purchasing the product; these records should be saved, Advanced Experience or its authorized representatives may from time to time check them according to this License Agreement.

18. SUPPORT SERVICES.

Advanced Experience provides support services for the software as described at www.axproject.com/support.

19. ENTIRE AGREEMENT.

This agreement (including the warranty below), any addendum or amendment included with the software, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

20. THE VALIDITY TERM AND ITS EXPIRY.

The validity term of this license commences from the moment of installing the software and continues until it is terminated in accordance with this license, without any term restriction. The Advanced Experience has a right to terminate this license at their own discretion and without notification in case you violates the license provisions or does not fulfill their obligations under this license. Upon the expiry of the validity term or termination of the license for any reason, you must immediately cease working with the software and delete all the copies of the software and its components.

21. LEGAL EFFECT.

This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

22. LIMITATION.

Claims arousing out of this Agreement, regardless of their type, shall be filed no later within than 1 (one) year from the moment of the cause of the claim or from the moment of detecting such a cause. Violation of intellectual property rights shall be an exception hereof and shall be subject to maximum periods of limitation permitted by applicable laws.

23. SEVERABILITY.

Should any or any part of the terms, conditions or provisions contained herein be determined invalid, unlawful or unenforceable to any extent, the rest of the conditions and provisions shall, regardless thereof, be continued to be valid and enforceable to the fullest extent permitted by law.

24. LIMITATION ON AND EXCLUSION OF DAMAGES.

YOU CAN RECOVER FROM ADVANCED EXPERIENCE AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to:

  • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if:

  • repair, replacement or a refund for the software does not fully compensate you for any losses; or
  • Advanced Experience knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

25. LIMITED WARRANTY

A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Advanced Experience materials that you receive in or with the software.

B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.

C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Advanced Experience’s reasonable control.

D. REMEDY FOR BREACH OF WARRANTY. WITHIN ONE (1) YEAR FROM THE MOMENT OF THESE LICENSE TERMS ACCEPTED BY THE END USER, ADVANCED EXPERIENCE WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. WITHIN THE SAME TERM, IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. WITHIN THIRTY (30) DAYS FROM THE MOMENT OF THESE LICENSE TERMS ACCEPTED BY THE END USER, ADVANCED EXPERIENCE WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE OR THE AMOUNT YOU PAID FOR SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE, IF ANY, SHOULD ADVANCED EXPERIENCE NOT REPAIR OR REPLACE THEM. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO ADVANCED EXPERIENCE WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.

E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.

F. WARRANTY PROCEDURES. You need proof of purchase for warranty service. For warranty service or information about how to obtain a refund for software acquired contact Advanced Experience at www.axproject.com/support.

G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM ADVANCED EXPERIENCE. ADVANCED EXPERIENCE GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, ADVANCED EXPERIENCE EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.

H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.

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