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END USER LICENSE AGREEMENT AND LIMITED WARRANTY
date. Acceptance of the modifications by selecting "I AGREE" and your subsequent use of the Software will be deemed your acceptance of these
modifications.
This License Agreement shall be binding upon the parties hereto and their respective successors and permitted assignees. If any or part of any
provision of this License Agreement is, by final judgment, found void or unenforceable, the remainder shall remain valid and enforceable according
to its terms. Any declaration of a court to the effect that any provision hereof is invalid or unenforceable shall not affect the validity or
enforceability of any remaining provisions hereof.
If OL fails to avail itself of any of its rights under the present agreement, this does not constitute a waiver or a modification of the rights available to
it hereunder and OL may within the time prescribed by law, institute procedures to invoke its rights. A delay in doing so does not constitute a
defense which is enforceable.
None of the parties hereto shall be deemed in default in the performance of its obligations hereunder if such performance is delayed, detained or
prevented because of force majeure. Force majeure is any cause beyond the control of the parties hereto and against which they could not protect
themselves. Force majeure includes, without limitation, any fortuitous and natural disasters, strikes, work stoppages, lockouts, fire, riot, failure of
communication networks including Internet, power failure, embargo, order, war, terrorism, inability to obtain raw materials, regulation or
government controls or other similar event.
U.S. GOVERNMENT RESTRICTED RIGHTS. - If a Software is acquired under the terms of a proposal or agreement with the United States
Government or any contractor thereof, the Software is subject to the following restricted rights notice: "This Software is commercial computer
software provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, FAR 52.227-17 Alternate III (g)(3), or
subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable, and their successor
provisions. Contractor/Manufacturer is Objectif Lune Inc., Montréal, Québec, Canada, H1V 2C8.
U.S. EXPORT RULES. - You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited
by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if
the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen of or otherwise
located within an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use
the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this paragraph.
ONLINE VERSION. - You acknowledge that when provided in its online format, this License Agreement has the same effect and same value as if it
was signed on a paper version. A printed version of this online License Agreement or any notice sent by electronic mail shall be admissible in
litigation as any other business document of the enterprise or register generally kept in paper format.
GOVERNING LAW. - This License Agreement shall be governed and construed by the laws of the Province of Quebec or in default by the applicable
Laws of Canada, excluding those provisions relating to conflicts of laws and excluding the United Nations Convention on contracts for the
International Sale of Goods if applicable. The parties hereby irrevocably submit to the jurisdiction of the Courts of the Province of Quebec in the
judicial district of Montreal, Canada for any litigation resulting from the present License Agreement, excluding any other jurisdiction.
LICENSED THIRD PARTY COMPONENTS AND SPECIFIC RIGHTS AND LIMITATIONS. - As part of this License Agreement, you agree to the specific
rights and limitations regarding third parties licensed components bundled in the Software in addition to the rights and limitations already
mentioned herein which benefit such third parties, including:
ADOBE® TECHNOLOGY
The term Software includes Adobe Technology and related documentation, and any upgrades, modified versions, updates, additions, and
copies thereof.
LICENSE GRANT AND RESTRICTIONS. - OL grants you a non-exclusive right to use the Software under the terms of this Agreement. You
may make one backup copy of the Software, provided the backup copy is not installed or used on any computer.
INTELLECTUAL PROPERTY RIGHTS. - The Software is owned by OL and its suppliers, and its structure, organization and code are the
valuable trade secrets of OL and its suppliers'; The Software is also protected by United States Copyright law and International Treaty
provisions. You may not copy the Software, except as provided in this Agreement. 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 agree not to