Licence Agreement

This legal agreement (hereinafter "Agreement") between you and Open Source Laboratories, Ltd. (hereinafter "Company") shall serve as the sole authority by which you may possess and utilize the software to which it pertains (hereinafter "Software") under any and all applicable statutes governing copyright and the disposition of intellectual property.

1. OVERVIEW

(a) By purchasing the Software, you shall legally acquire a commercial licence to the Software (hereinafter "Licence"). This Licence shall be granted to you on a non-exclusive basis.

(b) The Software is licensed; not sold. No assignment of copyright by the Company may be presumed to have occurred pursuant to the terms herein.

2. GRANT OF LICENCE

(a) You may install one (1) copy of the Software on a single compatible personal computing system or virtual machine instance (hereinafter "Computer") for each Licence obtained from the Company or lawful third party.

(b) The number of copies of the Software kept concurrently installed may not exceed the number of Licences in your possession.

(c) Without prejudice to clause 2(b) of the Agreement, the number of install/uninstall cycles permitted under each Licence in your possession shall be unlimited.

(d) You may make a personal backup copy of the Software solely for the purpose of preserving future access to the Software such that it may be used by you in accordance with the terms herein.

(e) You may use the Software on any Computer upon which it is lawfully installed.

(f) The responsibility for ensuring that your use of the Software occurs for a lawful purpose shall rest solely with you.

(g) You may transfer your Licence(s) to the Software to any third party, subject to their acceptance of the Agreement in whole. You shall lose any and all rights to the Software granted in connection with any such Licence(s) thus transferred by you.

3. RESTRICTIONS

(a) You may not rent, sublet, or sublicense the Software, whether in whole or in part, without express written authorization by the Company.

(b) You may not make or cause to be made copies of the Software, except as provided in clauses 2(a), 2(b), and 2(d) of the Agreement, without first entering into a written distribution contract with the Company.

4. TECHNICAL SUPPORT

(a) Without prejudice to any part of the Agreement, the Company may offer updated versions of the Software. Such updated versions of the Software shall be classified as either patches or feature updates and shall be clearly marked as such by the Company.

(b) Your rights and responsibilities under the Agreement shall extend in equal measure to any updated version of the Software that is marked as a patch, provided that the patch in question will have been issued for the particular version of the Software for which you have previously obtained and currently possess a Licence.

(c) Your use of an updated version of the Software shall not in itself confer upon you any additional Licence(s) to the Software. Any such use shall occur under the terms governing the Licence(s) already in your possession.

(d) The Company may, at its own discretion, provide technical support in the form of knowledge base articles, frequently asked questions, and other documentary material published on its website or by any other means of publishing that it deems appropriate for the purpose.

(e) In no event shall the Company be compelled to provide technical support pursuant to clauses 4(a), 4(b), 4(c), or 4(d) of the Agreement. Notwithstanding the exception set forth in clause 4(b) of the Agreement, any monetary cost of such support shall be solely determined by the Company.

5. SOFTWARE AVAILABILITY

(a) You shall have the right to download the Software and its accompanying material from the Company and/or its authorized distributors within a reasonable amount of time after having purchased a Licence to the Software.

(b) The terms set forth in clause 5(a) of the Agreement shall not apply to any Licence(s) obtained from a lawful third party not affiliated with the Company. In such an event, the lawful third-party transferrer of said Licence(s) shall be responsible for furnishing you with a copy of the Software.

(c) In the event that you should lose all viable copies of the Software, the Company may, at its own discretion and without prejudice to clause 5(a) of the Agreement, furnish you with a copy of the Software, provided that you possess at least one (1) Licence to the Software at the time that such a request is made. The Company may assess additional fees per each such request.

6. LEGAL ACTION

(a) You hereby acknowledge that any violation by you of any part of the Agreement shall constitute copyright infringement in regard to the Software. You further acknowledge that the Company may prosecute or cause to be prosecuted any such legal action against you that may be necessary to relieve the effects of said infringement.

(b) You hereby agree to indemnify and hold harmless the Company in regard to any and all legal claims of wrongdoing on your part, whether intentional or unintentional, which may arise in any way from, out of, or in connection with your possession and/or use of the Software. In no event shall the Company be held liable for any legal expenses or obligations incurred either by you or any interested third party in the course of such a legal proceeding.

7. TERMINATION

(a) In the event that you should lose all Licences to the Software, whether through third-party transfer or upon legal determination that the relevant Licence(s) were improperly obtained by you, your rights under the Agreement shall cease and the Agreement shall terminate. Upon termination of the Agreement, you must destroy all copies of the Software and any accompanying material in your possession.

(b) Except as provided in clause 7(a) of the Agreement, any lawfully obtained Licence(s) to the Software shall be unconditionally irrevocable. Notwithstanding the foregoing exception, neither the Company, its affiliates, nor legal representatives may deprive you of your rights under the Agreement.

(c) All sales involving the acquisition of a Licence to the Software by you from the Company or its affiliates shall be considered final as of the time of their conclusion. No refunds shall be issued.

8. LIMITATION OF LIABILITY

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDER(S) "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER(S) AND/OR THE ORIGINAL AUTHOR(S) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY FROM, OUT OF, OR IN CONNECTION WITH THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

I Accept the Agreement

I Decline the Agreement