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END USER LICENSE AGREEMENT AND LIMITED WARRANTY
Thank you for choosing Objectif Lune’s software.
This End User License Agreement and Limited Warranty (hereinafter collectively the "License Agreement") constitute a legal agreement between
the End User, either as a physical person or as a legal entity ("you"), and Objectif Lune Inc. ("OL") and describes your rights to use the OL software,
including any stand-alone application sold as part of the software and all companion products, components, patches, updates and upgrades, and
also including any computer software, PostScript
®
programs, media and all accompanying on-line or printed documentation (collectively the
"Software"). The term Software also includes licensed components of other third parties bundled with OL’s proprietary Software.
BY SELECTING "I AGREE" OR INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT TO BE BOUND BY ALL OF THE TERMS
AND CONDITIONS OF THIS LICENSE AGREEMENT. IF SELECTING "I DECLINE", YOU MAY NOT USE THE SOFTWARE FOR ANY PURPOSE
WHATSOEVER. IF YOU ARE AN EMPLOYEE, RESELLER, SERVICE PROVIDER, CONSULTANT, CONTRACTOR OR OTHER PARTY THAT INSTALLS THE
SOFTWARE OR OBTAINS THE SERVICE ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF
THIS CONTRACT ON BEHALF OF THAT PERSON OR ENTITY.
COPYRIGHTS. - The Software is owned by OL, its affiliates companies or its suppliers and is protected by the Copyright Act (Canada), any copyright
law and international copyright treaties. Therefore, you must treat the Software like any other copyrighted material except that you may make one
copy of the Software solely for security backup or archival purposes or if it is essential for the compatibility of the computer program. You may also
transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes and that such copy is not installed
or used on any other computer. Any copies that you are permitted to make under this agreement must contain the same copyright and other
proprietary notices that appear in the Software.
PROPERTY AND INTELLECTUAL PROPERTY RIGHTS. - You acknowledge that the Software in source code, its structure and organization form remain
confidential valuable trade secrets of OL or its suppliers and that all OL libraries, source code, byte code executables and any other files (collectively
the “files”) remain OL's exclusive property or that of licensed third parties suppliers which are usually more fully identified in the “About” section of
the Software Help menu. Therefore, you agree not to modify the Software or attempt to reverse engineer, decompile or disassemble or otherwise
attempt to discover the source code of the Software. You also agree that you may not distribute any files (particularly but not limited to OL source
code and other non-executable files) except those that OL has expressly designated. Nothing in this License Agreement permits you to derive the
source code of files provided to you in executable form only, or to reproduce, modify, adapt, translate, use or distribute the source code of such
files. This License Agreement does not grant you any intellectual property rights in the Software nor in any third parties’ components licensed to OL
and bundled in the Software.
INFRINGEMENT. - OL will, at its own expense, defend or settle any claim or suit against you alleging that the Software, when used in accordance
with this License Agreement, infringes a patent, copyright, trademark, trade secret or other proprietary right of a third party. OL will also pay all
damages and costs that may be assessed against you by final judgment as a result of such an infringement under the following conditions: i) OL
shall be notified promptly in writing of any claim or suit; ii) OL shall have sole control of the defense or settlement of any claim or suit; iii) you shall
cooperate with OL in a reasonable way to facilitate the settlement or defense of any claim or suit; and iv) the claim or suit does not arise from
modifications by you, or from combinations of products provided by OL with products provided by a third party, except as a combination occurring
by use of the Software for which they were designed.
For more clarity, this indemnity undertaking by OL applies only to the Software content and excludes any infringement of third party’s intellectual
property rights resulting from your use or operation of the Software, or from development you made with the Software, including any workflow
process developed by you with the Software functionalities.
If the Software becomes, or in OL’s opinion is likely to become, the subject of a claim of infringement, OL will, at its option: i) procure you the right
to continue using the Software; ii) replace the Software with a non-infringing product substantially complying with the Software specifications; iii)
modify the Software so it becomes non-infringing and performs in a substantially similar manner to the original Software. If OL fails to provide any
of the preceding options, you will discontinue any infringing use and OL will refund any fees theretofore received by OL hereunder with respect
thereto less a reasonable allowance for use.
You hereby agree to keep harmless OL, its officers, directors and employees, representatives and agents of any claim or action from any third party,
as well as any damages, fees, expenses including reasonable attorney’s fees, relating to the violation of this section by you, including any third
party’s intellectual property infringement resulting from your use, operation or any development made with the Software.
END USER LICENSE AGREEMENT
AND LIMITED WARRANTY
IMPORTANT – PLEASE READ CAREFULLY