NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 3; WARRANTY IN SECTION 5; AND LIABILITY IN SECTION 6. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

1. SOFTWARE LICENSE

As long as you comply with the terms of this End User License Agreement (the "Agreement"), Cognium Systems grants you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials.

1.1 General Use

You may install and Use a copy of the Software on your compatible computer.

1.2 Server Use

You may install the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network or for using the Software through commands, data or instructions (e.g. scripts) from an unlimited number of computers on your internal network.

1.3 Backup Copy

You may make backup copies of the Software. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 5.

1.4 Home Use

You may also install the Software on one of your home computers.

1.5 Stock Files

Unless stated otherwise in the "Read-Me" files associated with the Stock Files, which may include specific rights and restrictions with respect to such materials, you may display, modify, reproduce and distribute any of the Stock Files included with the Software. However, you may not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. Stock Files may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner. You may not claim any trademark rights in the Stock Files or derivative works thereof.

1.6 Limitations

To the extent that the Software includes Cognium Systems software, (i) you may customize the installer for such software in accordance with the restrictions found at cogniumsystems.com (e.g., installation of additional plug-in and help files or changes in default configuration); however, you may not otherwise alter or modify the installer program or create a new installer for any of such software, (ii) such software is licensed and distributed by Cognium Systems.

2. INTELLECTUAL PROPERTY RIGHTS

The Software and any copies that you are authorized by Cognium Systems to make are the intellectual property of and are owned by Cognium Systems and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Cognium Systems and its suppliers. The Software is protected by copyright, including without limitation by french Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 1 ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Cognium Systems to provide the information necessary to achieve such operability and Cognium Systems has not made such information available. Cognium Systems has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Cognium Systems or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Cognium Systems Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.

3.TRANSFER

You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another users computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity; and (b) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally obtained a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for distribution copies of the Software.

4.UPDATES

If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your computer after you receive the Update to assist you in the transition to the Update, provided that you acknowledge that any obligation Cognium Systems may have to support the previous version of the Software may be ended upon availability of the Update.

5.NO WARRANTY

The Software is being delivered to you "AS IS" and Cognium Systems makes no warranty as to its use or performance. COGNIUM SYSTEMS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, COGNIUM SYSTEMS AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

6.NO LIABILITY FOR DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COGNIUM SYSTEMS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7.GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the French law.

8.GENERAL PROVISIONS

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Cognium Systems. Updates may be licensed to you by Cognium Systems with additional or different terms. This is the entire agreement between Cognium Systems and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

9.COMPLIANCE WITH LICENSES

If you are a business or organization, you agree that upon request from Cognium Systems or Cognium Systems's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Cognium Systems Software at the time of the request is in conformity with your valid licenses from Cognium Systems. If you have any questions regarding this Agreement or if you wish to request any information from Cognium Systems please use the address and contact information included with this product to contact the Cognium Systems office serving your jurisdiction. Cognium, Cognium Systems, iPad ELN are either registered trademarks or trademarks of Cognium Sytstems in the United States and/or other countries.