End User License Terms and Conditions
for Evidian Licensed Products

1. Definitions.
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Any first letter capitalised terms in these End User License Terms and Conditions shall have the meanings ascribed to them below or as may be set forth elsewhere in these End User License Terms and Conditions.

"Agreement": the contract entered into between Licensor and End User pertaining to Evidian Licensed Products and under which Licensor grants End User a License pertaining to such Licensed Products

"Authorised Software Platform": an operating system platform and other prerequisite software on which the Software has been tested and qualified by Evidian.

"Client System" : Designated System that is a personal computer based system deployed in a central or remote location.

"Correction": a permanent Fix to a Problem in the Software.

"Designated System": the designated computer system running an Authorised Software Platform on which the End User first runs the Software and, for server based Software, for which Licensor has issued a Key.

"Documentation": any user manuals, other related materials provided as part of Support to customers contracting and paying Support, and all changes made to such manuals and other materials, that are published by Evidian for use in connection with the Software in the English language and in electronic format.

"End User": the person or legal entity who has entered into an Agreement with Licensor and to whom Licensor has granted a License to use Licensed Products for End Users Internal Business Purposes

"Fix": a correction of an error in the Software.

"Internal Business Purpose": use of the Licensed Product for End Users own business purposes, and not for (i) redistribution to third parties, (ii) time sharing, and/or (iii) outsourcing, or service bureau use.

"Key": an alpha numeric string of characters tied to the Designated System MAC address or other such system identifier that permits the End User to use any server based Software.

"Licensed Product(s)": (a) the Software in only machine executable code in binary format, and b) Documentation, published and licensed by Evidian and sublicensed by Licensor in accordance with these End User License Terms and Conditions. Licensed Products shall also include Fixes and Service Packs supplied to End-User who contracts and pays for Support.

"Licensor": the person or legal entity to whom Evidian has granted the right to sub-license Evidian Licensed Products and who has granted End User a License to use Evidian Licensed Products.

"Minimum Hardware Configuration": the minimum hardware configuration necessary to run the Software as specified by Evidian.

"Server System": Designated System that is a central server based computer system

"Service Pack": Fixes to a Version of a Software compiled into a set of coherent Fixes, including all previous Fixes for a particular Version, that is generally made available to Licensees who benefit from an appropriate Support contract pertaining to that Version and who have paid all and any appropriate Support Fees.

"Software": means the computer programs, in whole or in part, or any copy thereof, consisting of machine-readable instructions and any of the computer programs components in binary format ("Object Code"), including but not limited to data, audio-visual content (such as images, text, recordings, or pictures).

"Specifications": the official document issued by Evidian setting forth the technical specifications for Licensed Products.

"Upgrade": modifications to a Software consisting of additional functionality as reflected in changes to the applicable Specification and resulting in a new Version.

"Version": a version of Software made generally available for commercial distribution consisting of a level of functionality as identified in the Specifications for the version (e.g., Version 5.1, 5.2 or 6.0), running on a specified Authorised Software Platform.

2. License Grant.
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End User who has paid all and any applicable License fees is granted a limited, personal, non-exclusive, and non-transferable license to use the Licensed Products ordered from Licensor by means of a Purchase Order and properly identified on such Purchase Order, on one Designated System, for End Users Internal Business Purposes in compliance with and subject to the present End User License Terms and Conditions, ("License"). End Users right to use the Licensed Product shall include the right to make one (1) copy of such Licensed Product solely for backup or archival purposes. Certain Licensed Products are licensed for use on a Designated System that is a central server based computer system ("Designated Server System") and other Licensed Products are licensed for use on personal computer based systems deployed in a central or remote locations (the "Designated Client System"). The right to use the Licensed Product on a Server System or a Client System, and the number of users (concurrent or not) authorised to use the Licensed Product, depends on the type of Licensed Products End user has ordered and on the License Fees paid by End-User for the Licensed Product,. Unless otherwise specified, End User shall only have the right to install each Licensed Product on one Designated System (Server System or Client System) and with one authorised user for such Designated System.

3. Usage Conditions And Limitations.
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End-User agrees to the following conditions and limitations on the use of the Licensed Products: (a) the Agreement entered into by and between Licensor and End User and the rights granted, pertaining to Licensed Products shall in no event be construed as being a sale of intellectual property rights, a sale of a software copy, or a transfer of ownership of the rights to the Licensed Product; (b) End User, shall not sell, lease, transfer (except as explicitly set forth in section 14 of these End User License Terms and Conditions), or otherwise dispose of or make available the Licensed Product to others, (c) End User shall secure and protect the Licensed Product using the same degree of care it uses to protect its own proprietary rights, but in any case not less than reasonable care; (d) End User shall not modify, reverse engineer, or decompile the Licensed Product in whole or in part, except as explicitly provided by law; (e) if Licensed Product License Fee is based on a maximum number of users allowed to access the Licensed Product, or any other similar restriction, End User shall not use or permit the use of the Licensed Product beyond that authorised by the License Fee or in violation of any other similar restriction; and (f) Evidian and its suppliers are third party beneficiaries of the Agreement and may enforce the dispositions contained herein directly against End User even though they are third parties and not a party to the Agreement. Any transfer of the Licensed Product from one Designated System to a different Designated System shall be subject to the terms and conditions set forth in Section 14 below.

Licensed Products are not designed for any consumer, military or inherently dangerous application. The terms of this agreement do not authorise the use of the Licensed Products for any consumer application (including but not limited to personal, family or household use); any inherently dangerous applications (including but not limited to nuclear, aviation, mass transit, or medical applications) ; or any military applications (including but not limited to design, development or production in connection with any military, nuclear, ballistic, biological and chemical weapons or cryptographic end use), any use within any "prohibited country", as defined from time to time under applicable U.S. export laws and regulations, any use by a "prohibited person" on the "denied persons list" or use by anyone who has violated the export laws of any jurisdiction.

4. Support.
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End User may obtain remedial support services for the Licensed Product(s) ("Support") from Licensor in accordance with the terms and conditions of a Support and Maintenance contract that must be formally entered into by and between Licensor and the End-User and subject to payment by End-User of the applicable Support Fees.

5. Ownership and Proprietary Rights.
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Title to Licensed Products and all patents, copyright, design rights, trade secrets and other proprietary rights in or related to Licensed Product are and remain the exclusive property of Evidian and its suppliers. End User shall not take any action that jeopardises such proprietary rights or acquire any right except the limited use rights specified in this Agreement.

6. Infringement.
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Licensor shall defend or settle any claim brought against End User alleging infringement of any copyright in the United States, Canada, the European Union or Japan by the Licensed Product, provided that the End User immediately notifies Licensor in writing of any such claim, gives Licensor full information and assistance, and allows Licensor or its suppliers to control fully the defence or settlement of any such claim. If the claim has occurred or in Licensors opinion is likely to occur, Licensor may, at its election and expense, either obtain for End User the right to continue using the Licensed Product, replace, correct or modify it so that it is not infringing, or terminate the license for the infringing Licensed Product, and grant End User a credit based on the net book value of the License Fee paid for the Licensed Product on the basis of a five years straight-line depreciation. Licensor shall not be liable if any copyright infringement claim is based upon: (i) the interconnection, operation or use of the Licensed Product in combination with software not supplied by Licensor; (ii) use or operation of the Licensed Product in a manner for which it was not designed or recommended by Evidian; (iii) alteration, adaptation or modification of the Licensed Product; (iv) use of the Licensed Product which does not involve the most recent Service Pack of the most recent Version published by Evidian or (v) use of the Licensed Product after End User has received written notice that the Licensed Product infringes the copyright of a third party. Licensor is not liable for any patent infringement claim.

7. LIMITED WARRANTY.
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LICENSOR WARRANTS THAT THE LICENSED PRODUCTS COMPLY WITH THEIR SPECIFICATIONS AT THE TIME OF DELIVERY. LICENSOR (AND EVIDIAN) GIVE(S) NO OTHER WARRANTY OF ANY KIND WITH RESPECT TO THE LICENSED PRODUCT, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING, OR USAGE OF TRADE AND HEREBY SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. SOFTWARE PRODUCTS ARE TECHNICALLY ADVANCED PRODUCTS. IN THE CURRENT STATE OF INFORMATION TECHNOLOGY IT IS NOT POSSIBLE TO VERIFY AND TEST ALL POSSIBILITIES OF USE. THEREFORE THE LICENSED PRODUCTS ARE LICENSED "AS IS" AND LICENSOR (AND EVIDIAN) DO(ES) NOT WARRANT THAT THE LICENSED PRODUCTS ARE FREE OF ERRORS OR THAT THE USE OF THE LICENSED PRODUCTS WILL BE UNINTERRUPTED NOR THAT THEY WILL MEET THE END USERS REQUIREMENTS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE LICENSED PRODUCT WHETHER MADE BY LICENSORS (OR EVIDIANS) EMPLOYEES OR OTHERWISE, SHALL BE DEEMED TO BE A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF LICENSOR (OR EVIDIAN) WHATSOEVER. IT IS EXPRESSLY AGREED THAT ARTICLE 1641 ET SEQ. OF THE FRENCH CIVIL CODE WILL NOT APPLY.

8. Limitation of liability.
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To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable to End User or any one for punitive damages, incidental damages, lost profits, lost savings or any other incidental or consequential damages, regardless of the form of action, even if Licensor has been advised of the possibility of such damages, resulting from the use of or inability to use the Licensed Products. For any claim arising out of or relating to the use or possession of the Licensed Products, if Licensors liability is settled by a final decision of a competent court, End Users exclusive remedy and Licensors entire liability in contract, tort (including negligence), or otherwise shall not exceed, in the aggregate, the lesser of (a) 100.000 euros or (b) the License Fees paid by End User for the Licensed Product. Except for an action or motion for payment, no action or motion in any form arising out of the Agreement or the use or possession of the Licensed Products shall be introduced more than two years after the cause of action has arisen. Except for payment obligations, in the case of a force majeure event, the non performance of either party shall be excused to the extent performance is rendered impossible due to causes beyond such partys reasonable control.

9. Confidentiality.
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End-User acknowledges and agrees that the Licensed Products contain confidential information, trade secrets, and know-how which is the exclusive property of Evidian or its suppliers, and that all such confidential and proprietary information shall be deemed "Confidential Information" by End User. In addition, "Confidential Information" means any information pertaining to Evidian Licensed Products.. "Confidential Information" shall not include information which (i) is or becomes generally known or available by publication, commercial use or otherwise through no fault of End User; (ii) is already known and has been reduced to tangible form by End User is not subject to restriction; (iii) is independently developed or learned by End User; or (iv) is lawfully obtained from a third party that has the right to make such disclosure. End User shall protect Confidential Information from unauthorised dissemination and use with the same degree of care, but not less than reasonable care, that End User uses to protect its own like information for a period
of five years following reception. End user shall not disclose Confidential Information to third parties without the prior written consent Evidian. Except as expressly provided herein, no ownership or license rights are granted to End User in any Confidential Information. End User may disclose Confidential Information to its employees, representative, agents or affiliates ("Representatives") on a need-to-know basis, provided that End User shall require each such Representatives compliance with this Agreement. Notwithstanding the foregoing or any other terms and conditions contained herein, End Users obligations of confidentiality resulting from these End User License Terms and Conditions shall not be construed to limit End Users right to independently develop or acquire products without use of the Confidential Information.

10. License Term and Termination.
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The license term for the Licensed Products ordered, commences upon delivery of the Licensed Products and continues for the duration of protection of the Licensed Products by copyright and author rights unless terminated earlier as provided herein. The License term for the Licensed Product shall automatically terminate in the following circumstances: (a)End User breaches any provision of the Agreement or of these End User License Terms and Conditions with respect to the Licensed Product, and fails to cure such breach within thirty calendar days following written notice by Licensor to End User; or (b) End User ceases to use the Software on the Designated System upon which the Software was licensed for use, unless it has been validly transferred to another Designated System in compliance with section 14 below. Upon termination of the License, End User shall remove the Licensed Product from the applicable Designated System, destroy the original and all copies and certify such destruction in writing to Licensor at Licensors request.

11. Export Controls And Prohibited Use.
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End User acknowledges that Licensed Products (and related technical data) are or may be dual use goods and/or subject to United States Export Control laws and/or French Export Administration laws, and that the transfer of such Licensed Products and/or related technical data to certain countries is prohibited or restricted or subject to prior authorisation of US and/or French governmental authorities. End User expressly agrees not to export, re-export, transfer or otherwise communicate any portion of such Licensed Products to or from any country to which the export, re-export or transfer of the Licensed Products are prohibited or restricted by the laws and regulations of France and/or the US applicable at the time of export, except in strict compliance with all such laws and regulations. End User shall not export or re-export any Licensed Product, related technical data or any portion thereof to any country for which the French government or any agency thereof and/or the United States government or any agency thereof require an export license or other approval without first obtaining from the French authorities and/or the United States authorities such export license(s) or approval.

12. Audit.
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Licensor is entitled and has the right to conduct or have conducted an audit in order to verify that End-User complies with these End User License Terms and Conditions,. Any such audit shall be at Licensor 's expense.

13. Governing Law.
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Notwithstanding the governing law applicable to the Agreement, any License granted is governed by the laws of the state of France except for conflict of law provisions which shall not apply.

14. Transfer Restrictions.
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If End User is temporarily unable to use the Licensed Product on the Designated System consisting of a Server System because of conditions beyond End Users control, End User may temporarily use the Licensed Product on another Designated System consisting of a Server System, provided that End User provides Licensor with prior written notice and all information necessary for the issuance of a Temporary Key, whereupon a Temporary Enabling Key to allow such temporary or back up usage of the Licensed Product on the alternative Designated System ("Back-up System") shall be issued. In addition, subject to the provision of thirty days written notice, End User may permanently transfer the Licensed Product to a different Designated System that is a Server System ("Replacement Designated Server System") by notifying Licensor in writing that the usage of the Licensed Product will be discontinued on the then current Designated System ("Original Designated Server System"). End User agrees to destroy all copies of the Licensed Product on any Back-up System when the temporary failure of the Designated System is corrected and/or on any Original Designated Server System within twenty four (24) hours of the installation of the Licensed Product on the Replacement Designated Server System. End User shall certify such destruction in writing to Licensor. If End User requests a transfer to a Back-up System or to a Replacement Designated Server System more than once in any given calendar year, the provision of a new Key for the Replacement Designated Server System or Back-up System will be subject to the payment of the then current Key replacement fee.

If End User wishes to transfer the Licensed Product licensed for use on one Designated System that is a Client System ("Original Designated Client System"), to be used on a different or new Designated System ("Replacement Designated Client System"), End User shall be entitled to use the Licensed Product on the Replacement Designated Client System, provided that such Replacement Designated Client System must be a replacement for the Original Designated Client System, and provided further that End User agrees to destroy all copies of the Licensed Product on the Original Designated Client System within twenty four (24) hours of the installation of the Licensed Product on the Replacement Designated Client System, and certifies such destruction in writing to Licensor.

Notwithstanding the foregoing, for the purposes of this Agreement, a Back-up Server System, Replacement Designated Server System, or a Replacement Designated Client System (each a "Replacement System") shall be deemed the Designated System, subject to the following additional restrictions: (a) the Replacement System must be stated in Evidians then published documentation as being a Designated System upon which the Licensed Products concerned can operate as part of a valid configuration; (b) if the Licensed Product being transferred to the Replacement System is licensed to End User based on a limited number of concurrent users or other such restriction, then the same number of concurrent users or other such restriction shall apply when the Licensed Product is used on the Replacement System. If a greater number of concurrent users will be granted access to the Licensed Product or other such restrictions will not be complied with on the Replacement System, then End User shall be required to pay all additional License Fees applicable to the new configuration within thirty (30) days following the transfer of the Licensed Product to the Replacement System; (c) End User ceases any further use of the Licensed Product on the former Designated System once the Licensed Product is transferred to the Replacement System; and (d) End User is responsible for installing the Licensed Product on the Replacement System and if End User had paid Support fees for the Licensed Product when licensed for use on the original Designated System, Licensor shall, if available for the Version concerned, provide Support for the Licensed Product when installed on the Replacement System at no additional charge for the balance of the then current Support term, however Licensor shall be entitled to invoice End User on a time and materials basis, subject to resource availability, for any error or problem reported by End User that is due to either improper installation by End User or differences in the Replacement System environment when compared to the original Designated System environment that affect Support of the Licensed Product.

End User may not transfer the Licensed Product to a Designated System running a different Authorised Software Platform without Licensors prior written consent. Licensor reserves the right to charge additional fees and impose additional transfer restrictions with respect to the use of the Licensed Product on the new Authorised Software Platform.


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List of files that belong to this license:

/services/evidian/bin/rsUserAuth_1.5.8134
/services/evidian/share/locale/da/rsUserAuth.cat
/services/evidian/share/locale/de/rsUserAuth.cat
/services/evidian/share/locale/en/rsUserAuth.cat
/services/evidian/share/locale/fr/rsUserAuth.cat
/services/evidian/etc/rsUserAuth/rsUserAuth_template.ini
