Integration Objects’ KnowledgeNet (KNet) Analytics End-User License Agreement

PLEASE READ THIS END-USER LICENSE AGREEMENT (the “Agreement”) CAREFULLY BEFORE PROCEEDING. THIS AGREEMENT LICENSES THE SOFTWARE TO YOU AND CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY DOWNLOADING OR INSTALLING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.

NO TERMS AND CONDITIONS CONTAINED IN A SEPARATE AGREEMENT OR ANY OTHER DOCUMENT, EMAIL OR LETTERS, SHALL SUPERSEDE THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

  1. Definitions
  1. “IO” means Integration Objects.
  2. “IO Software” means the KnowledgeNet Analytics Software covered by this Agreement and all related updates supplied by IO.
  3. “IO Product” means the KnowledgeNet Analytics Software, the related documentation and content and all related updates supplied by IO.
  1. License

This Agreement allows the Customer to:

  1. Use the IO Software for production purposes on a single computer, providing that the software has been registered with IO. Proof of registration requires that the Customer installs the product and sends IO the license file of the computer. In return IO will send back a new license file including the required activation keys.
  2. New software license may be re-issued by IO to be installed on new hardware, providing that IO Software license has been uninstalled on old hardware, the Licensee is current with the Annual Customer Support fees and it is installed at the same customer site.
  3. Make one copy of the IO Software in machine-readable form solely for backup purposes. The Customer must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the IO Software.
  4. For any rights that are not granted under this Agreement, they may be covered under a separate agreement.
  1. Restrictions

The Customer may not make or distribute copies of the IO Product or license, or electronically transfer the IO Software or license from one computer to another physical machine, virtual machine, or over a network other than for purposes of installing the software on computers licensed for the Software, or for archiving purposes.

The Customer may not use IO Product for creating or assisting a third party in creating a product, service or software that is, directly or indirectly, competitive with or in any way substitute for any services, product or software offered by IO.

Customer may not decompile, reverse engineer, disassemble, attempt to derive source code of, or decrypt IO Software, or otherwise reduce the IO Software to a human-perceivable form. The Customer may not modify, rent, resell for profit, distribute or create derivative works based upon the IO Software or any part thereof. The Customer will not export or re-export, directly or indirectly, the IO Product.

  1. Ownership

The foregoing license gives the Customer limited rights to use the IO Software. The Customer does not become the owner of, and IO retains title to, the IO Product, and all copies thereof. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by IO.

  1. Disclaimer of Warranty

This software is provided on an “as-is” basis, without any warranty of any kind. The entire risk of the quality and performance of the software is yours. IO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE IO PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION AS SET FORTH ABOVE. No oral or written information or advice given by IO, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.

  1. Limitations of Damages

IO SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF IO OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. To the extent provided by applicable law, the foregoing limitations of damages do not apply to damages for personal injury to you, if any.

  1. General

This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to IO.

  1. Other Provisions

a. Licensed Software and documentation are delivered electronically over the internet. All fees and prices are exclusive of shipping charges, tariffs, duties, sales, use, value added, and similar taxes.

b. Payment terms are net thirty (30) calendar days after the Licensed Software is shipped to Licensee. Late payment charges will be imposed at the lesser of 1% per month or the highest rate permitted by law.

c. This license agreement is governed by the European Union Laws for licenses installed outside North America, and governed by the laws of Massachusetts, USA for licenses installed in North America. The International Court of Law of Nanterre, France, will have jurisdiction over all disputes relating to this agreement.

d. Annual Customer Support fees are mandatory for the first year and are based on 20% of the license list price. The fees are mandatory for obtaining support in the form of updates and bug fixes, as well as support during regular business hours 8:30 am through 5:00 pm (GMT+1), Monday through Friday by email and phone. Any additional support service must be negotiated under a separate contract.

e. Temporary licenses may be granted by IO for evaluation purposes. Temporary licenses cannot be used for project configuration work or at production sites. These licenses will expire at the end of an agreed-to evaluation period. Any attempt to use these licenses beyond the evaluation period expiration would be considered to be a breach to this agreement.

Customers

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