License Agreement

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Licensing Agreement
Legal Document - Retain For Your Records 

somusar(TM)/Software Production Technique
Standard Installation License Agreement 

Legal Notice from so.mus.ar. s.a.s.: This is a
legal agreement (the "Agreement") between
you and so.mus.ar. s.a.s. ("Somusar").

It is important that you read this Agreement
carefully before installing the Somusar
software.  YOU AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT BY INSTALLING, COPYING,
OR OTHERWISE USING THE SOMUSAR SOFTWARE. IF
YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE
THE SOMUSAR SOFTWARE.

The software program included in this shipment
or installation is a Software Production Technique
software product ("The Product") which is a
product of Somusar. 

In this agreement, "you" or "user" or
"licensee" refers to the person or entity that
has purchased the right to use and/or has
received an edition of The Product. 

If you are accepting the Agreement on behalf
of a corporation, partnership or other legal
entity, the use of the terms "you" and "your"
in the Agreement will refer to such entity and
the entity accepting the Agreement represents
and warrants to Somusar that it has
sufficient permissions, capacity, consents and
authority to enter into the Agreement.

1.  LICENSE TO USE.  You have purchased the
right to use and/or have received an edition
of The Product.  The use of The Product is
restricted to end users who purchased a
commercial edition of The Product and/or have
received a free yet limited edition ("Trial
Edition") of The Product and/or have received
a free edition ("Community Edition") of The
Product from Somusar.  Somusar grants to you
a non-exclusive and non-transferable license
to use The Product and accompanying
documentation ("Documentation"), if any.  
If this does not apply to you, please return 
the complete program package (if any) to 
Somusar, or delete the complete electronic
package of The Product.

2.   RESTRICTIONS. 
2.1  Title, ownership rights, and intellectual
property rights in The Product shall remain in
Somusar and/or its suppliers.  You acknowledge
such ownership and intellectual property rights
and will not take any action to jeopardize,
limit or interfere in any manner with Somusar's
or its suppliers' ownership of or rights with
respect to The Product.  The Product is
copyrighted and is therefore protected by
copyright and other intellectual property laws
and treaties.

2.2  You are not to modify, adapt, translate,
reverse engineer, decompile, or disassemble
The Product or attempt to discover its source
code.  You may not transfer the software or
copies to third parties without the written
agreement of Somusar.  You may not
redistribute, encumber, sell, rent, lease,
sublicense, or otherwise transfer rights to
The Product.  You may not make copies of The
Product, other than a single copy of The
Product for archival purposes.  You may not
remove or alter any trademark, logo, copyright
or other proprietary notices, legends, symbols
or labels in The Product.  No right, title or
interest in or to any trademark, service mark,
logo or trade name of Somusar or its licensors
is granted under this Agreement.  You agree to
notify your employees and agents who may have
access to the software of the restrictions
contained in this Agreement and to insure their
compliance with these restrictions. 

2.3  If this software is an upgrade of a version
of The Product that you previously acquired, you
have not acquired two different rights to use
this software and its earlier version; this
upgrade and the earlier version together
constitute just one licensed copy of The
Product. 

2.4  IF YOU HAVE ACQUIRED A HOST-LOCKED LICENSE,
The Product may be installed on one computer
and may not thereafter be moved from that
computer to another. 

2.5  The Product is not intended for family or
household use; rather, it is intended
exclusively for professional use.  Its
utilization requires skills that differ from
those needed to use consumer software products
such as word processing or spreadsheet
software.  This license does not entitle you
to receive from Somusar hard-copy
documentation, technical support, telephone
assistance, or enhancements or updates to The
Product.

3.  LIMITED WARRANTY.  Somusar warrants only
that the media (if any) containing The Product
delivered to its customer are free from
defects in materials and workmanship for a
period of thirty (30) days from the date of
purchase.  Your exclusive remedy and Somusar's
entire liability under this limited warranty
will be at Somusar's option to replace The
Product media or refund the fee paid for The
Product.

4.  DISCLAIMER OF WARRANTY.  UNLESS SPECIFIED
IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED,
EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS
ARE HELD TO BE LEGALLY INVALID.  THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT.  NO USE OF
THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.

5.  LIMITATION OF LIABILITY.  TO THE EXTENT
NOT PROHIBITED BY LAW, IN NO EVENT WILL
SOMUSAR OR ITS LICENSORS BE LIABLE FOR ANY
LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF
THE THEORY OF LIABILITY, ARISING OUT OF OR
RELATED TO THE USE OF OR INABILITY TO USE THE
PRODUCT, EVEN IF SOMUSAR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.  In no event
will Somusar's liability to you, whether in
contract, tort (including negligence), or
otherwise, exceed the amount paid by you for
The Product under this Agreement.  The
foregoing limitations will apply even if the
above stated warranty fails of its essential
purpose.

6.  HIGH RISK ACTIVITIES.  The Product is not
fault-tolerant and is not designed,
manufactured or intended for use or resale as
on-line control equipment in hazardous
environments requiring fail-safe performance,
such as in the operation of nuclear facilities,
aircraft navigation or communication systems,
air traffic control, direct life support
machines, or weapons systems, in which the
failure of The Product could lead directly to
death, personal injury, or severe physical or
environmental damage ("High Risk Activities").
Somusar and its suppliers specifically
disclaim any express or implied warranty of
fitness for High Risk Activities.
  
7.  TERMINATION.  Installing, copying, or 
otherwise using The Product constitutes
acceptance of this Agreement under applicable
law, and upon doing so, you will be subject
to all the terms of this Agreement.  If you
do not accept the terms of this Agreement, do
not install The Product.  If at any time you
violate the terms of this Agreement, then
your license to use The Product will
terminate.  This Agreement is effective until
terminated.

8.  GOVERNMENT RIGHTS.  If The Product is
licensed by or on behalf of a unit or agency
of the Italian government or any other
government, the licensee agrees that The
Product is "commercial computer software" or
"commercial computer software documentation"
and that, absent a written agreement to the
contrary, the licensee's rights with respect
to The Product and Documentation are limited
by the terms of this Agreement. 

9.  GOVERNING LAW.  This License Agreement is
entered into and is to be performed in Italy.
This License Agreement shall be governed by
and construed under the laws of Italy.  In the
event of any disputes as to the performance of
this Agreement, the parties agree that the
only Court competent will be the Court of
Milan, Italy. 

10.  EXPORT REGULATIONS.  The Product and
Documentation delivered under this License
Agreement are subject to Italy export control
laws and may be subject to export or import
regulations in other countries.  You agree to
comply strictly with all such laws and
regulations and acknowledge that you have the
responsibility to obtain such licenses to
export, re-export, or import as may be
required after delivery to you.

11.  SEVERABILITY.  If any provision of this
Agreement is held to be unenforceable, this
Agreement will remain in effect with the
provision omitted, unless omission would
frustrate the intent of the parties, in which
case this Agreement will immediately terminate.

12.  INTEGRATION.   This Agreement contains
the entire agreement between the parties with
respect to The Product and Documentation.  It
supersedes all prior or contemporaneous oral
or written communications, proposals,
representations and warranties and prevails
over any conflicting or additional terms of
any quote, order, acknowledgment, or other
communication between the parties relating to
its subject matter during the term of this
Agreement.  No modification of this Agreement
will be binding, unless in writing and signed
by an authorized representative of each party.
Neither this Agreement nor the license granted
hereby is assignable or otherwise transferable
by the Customer without prior written consent
of Somusar.

13.  MISCELLANEOUS.  If the copy of The
Product you received was accompanied by a
printed or other form of "hard-copy" End User
License Agreement whose terms vary from this
Agreement, then the hard-copy End User License
Agreement governs your use of the Software. 
You acknowledge that the Trial Edition of
The Product may contain a timebomb mechanism.
THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY 
YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT 
TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN 
YOUR PURCHASE ORDER. 

14.  TRADEMARKS AND COPYRIGHT.  You
acknowledge and agree as between you and
Somusar that Somusar owns the Somusar,
Somusar/Software Production Technique,
Somusar/Software Production Machine,
Somusar/SoProMach, Somusar/Software Mold,
Somusar/Software Mold Kit,
Somusar/Software Entity,
Somusar/Sisendel, Somusar/Tefigel,
Somusar/Software Mold Building,
Somusar/Code Generator Building,
Somusar/Generator Building,
Somusar/File Generation Scheme trademarks,
service marks, logos and other brand
designations.

For inquiries please contact: so.mus.ar. s.a.s.,
via Sangallo 30, 20133 Milano, Italia.
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