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Appendix F – Technesis, Inc. Software License Agreement
Copyright © 2009 Technesis, Inc., All Rights Reserved.
1. Agreement. This Software License Agreement ("Agreement") is a legal agreement between you (the
undersigned end user licensee) and Technesis INC, a California limited liability company
("Technesis"). By clicking the "I Agree" button, by using Technesis, and/or by signing and returning
this Agreement to Technesis, as applicable, you agree to be bound by the terms and conditions of
this Agreement. As used herein, "Software" means Technesis Software and related modules that you
obtain from time to time.
This license is available only to persons who intend to use Technesis as an end user and for
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such person's own internal business purposes. If you enter into this Agreement on behalf of
your employer, you hereby represent and warrant to Technesis that you have the authority to
bind your employer and any reference to "you" herein will also include your employer.
2. Evaluation License. Technesis grants to you a personal, non-transferable, non-exclusive license,
without right to sublicense, to use the evaluation copy of Technesis in machine-readable form only
and only for purposes of evaluating the use of Technesis in your, or your employer's, internal
business. Upon proper payment to Technesis, Technesis will send you a key. Without the key,
Technesis will stop working in 30 days, at the end of the evaluation period. The evaluation license is
granted for one user only and only for use on the specific machine designated by you to Technesis.
3. Security Code. You understand that only Technesis can provide security codes to you for the
Software and that the security codes are dependent upon and limited to the licensed configurations
from time to time. You further understand that Technesis has no obligation to provide any security
code for the Software to you, unless (i) Technesis has received this Software License Agreement
completed and signed by you, (ii) Technesis has been paid for the Software, and (iii) the Software
can be provided to you without violating applicable US export laws and regulations or any other laws
or regulations.
4. Regular License. Upon your payment of the license fee for the Software, Technesis hereby grants to
you (the undersigned) a personal, non-transferable, non-exclusive, perpetual license (except as set
forth in Section 9 hereof), without right to sublicense, to use the Software in machine-readable form
only and only in your internal business and for your own business purposes. You can order additional
user and network licenses for the Software from time to time, which licenses will also be governed by
the terms and conditions of this Agreement. The license fees for the Software do not include sales tax
or other applicable taxes, duties or governmental charges (which may be separately set forth on the
applicable invoice), all of which shall be paid by you.
5. Limitations. You may NOT copy, reproduce, modify, rent, lease, distribute, sell or transfer any
Software. You may not assign this license without the prior written consent of Technesis. You agree
not to make any Software available to any person except only to those of your employees whose job
performance requires access to such Software for the permitted purpose. Except for the limited use
license granted herein, all ownership of and rights in and to the Software, and all copies thereof,
including without limitation all copyright, patent rights, trade secret rights, trademark rights and other
intellectual property rights in and to the Software, are owned and retained by Technesis. You
understand that the Software is copyrighted and protected by US copyright law and international
treaties. You agree not to remove or alter any copyright or other proprietary rights notices of
Technesis in or on the Software.
You agree not to reverse-assemble, reverse-compile, or otherwise reverse-engineer The
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Software, in whole or in part, or permit others to do so, except only to the extent required by
applicable law.
6. No Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND. TECHNESIS SPECIFICALLY EXCLUDES AND DISCLAIMS ANY IMPLIED WARRANTY OF
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
ABSENCE OF HIDDEN DEFECTS, ANY WARRANTY OF NON-INFRINGEMENT, AND ANY
WARRANTY THAT MAY ARISE BY REASON OF USAGE OF TRADE, CUSTOM OR COURSE OF
®
Technesis
, Inc.
Page 49 of 50
®
Technesis
, Inc.
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