END USER LICENSE AGREEMENT

BEVARA ACCESS IDE

The BEVARA ACCESS IDE comprising user interface, integration code, and accessor software modules for accessor library generation (“the Software Product”) is made available by license and is not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. BEVARA TECHNOLOGIES, LLC and/or its subsidiaries, affiliates, and suppliers (collectively “BEVARA”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, distribute, or change any portion of the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY ACCESSING THE SOFTWARE PRODUCT AND/OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT OR ANY PORTION THEREOF. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCESS INSTALL, USE, AND/OR COPY ANY PORTION OF THE SOFTWARE PRODUCT.

License Grant

This Agreement entitles you to use the user interface to assemble and test accessor functionalities and to access and download integration code and accessor software modules.  Integration code downloaded by you with the user interface may be modified, copied, and distributed by you.  Accessor software modules downloaded by you with the user interface may be copied and distributed by you but no rights to modify the accessor software modules is granted by this License.

Restrictions on Transfer

Without first obtaining the express written consent of BEVARA, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights under this License to the Software Product. Licensee may not assign any of Licensee rights under these Terms, and any such attempt will be void. BEVARA may assign its rights to any third party without notice to Licensee.

Restrictions on Use

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the user interface or accessor software modules of the Software Product.

Restrictions on Alteration

With the exception of the integration code, you may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any of the accessor software modules of the Software Product

Restrictions on Copying

You may not copy any part of the user interface of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.

Termination

BEVARA may terminate this Agreement at any time without notice to Licensee.  In the event of such termination, and upon written request from BEVARA, Licensee agrees to stop using the software product and delete any copies thereof from the computer systems on which the Software Product was installed.

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING, BEVARA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

BEVARA MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. BEVARA MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS.

BEVARA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL BEVARA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF BEVARA OR ANY OTHER PARTY, EVEN IF BEVARA IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS BEVARA’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

MULTIMEDIA TECHNOLOGIES AND RELATED CONTENT ARE OFTEN COVERED BY INTELLECTUAL PROPERTY RIGHTS.  BY INSTALLING THIS SOFTWARE LICENSEE ACKNOWLEDGE THAT THERE MAY BE AN INSTANCE IN WHICH THERE IS AN ALLIGATION OF INFRINGEMENT BY THE SOFTWARE PRODUCT.  IN SUCH AN EVENT, THE LIMITATIONS OF LIABILITY AND REMEDIES PROVIDED FOR HEREIN SHALL APPLY. BEVARA IS IN NO WAY LIABLE FOR ANY INFRINGINGMENT OF THIRD-PARTY INTELLECTUAL PROPERTY ON ANY CONTENT, LIBRARIES, SOFTWARE TOOLS, OR ANY OTHER MATERIAL PROVIDED BY LICENSEE FOR USE WITH THE SOFTWARE PRODUCT, AND LICENSEE AGREES TO INDEMNIFY AND HOLD HARMLESS BEVARA FOR ANY SUCH ALLEGATIONS OF INFRINGMENT.

Licensee is responsible for ensuring any content, accessor software modules, libraries, or other material provided for or used in conjunction with the Software Product functions adequately for decoding or other desired purposes to Licensee’s satisfaction.  Licensee understands that WASM is not supported by all browsers.  BEVARA makes no representation that the Software Product will successfully function in or with any given content, library, tool, software environment, or hardware platform.

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of BEVARA. BEVARA reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If BEVARA is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price (if any) for the Software Product.

Intellectual Property

BEVARA, BEVARA PRESERVE, BEVARA ACCESS, and associated logos are trademarks of Bevara Technologies, LLC.  The Software Product is protected by patent, copyright, trademark, and/or other US and foreign laws. This license does not grant Licensee any right, title or interest to Intellectual Property used by the Software, others’ content in the Services, trademarks, logos and/or other brand features of Bevara Technologies, LLC. Any feedback provided to BEVARA related to the Software Product may be used to BEVARA’s advantage without any obligation to Licensee.  BEVARA respects the intellectual property rights of third parties and in turn requests licensee also respects the intellectual property rights of third parties.  Any notices of alleged infringement should be reported directly to BEVARA using the below address. BEVARA retains the right to remove, delete or disable any aspect of the software, content or otherwise infringing aspects of the Software and may terminate the license to the Licensee. IP Infringement Notices should be directed to the BEVARA IP Agent: Maja Bystrom, CEO, Bevara Technologies, LLC  support@bevara.com

Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of Massachusetts, without regard to Massachusetts’s conflict or choice of law provisions.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

Software Updates and License Modifications

The Software Product may be updated automatically from time to time.  Unless terminated, this License will apply to any such updates.  BEVARA may revise the terms of this Agreement from time to time without notice to Licensee. By continuing to use the Software Product or any associated services after the revisions come into effect, Licensee agrees to be bound by the revised Terms.