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END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Avantis Systems Limited ("AVANTIS") for use of the accompanying TABLET software and associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by AVANTIS. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

The SOFTWARE PRODUCT is licensed, not sold.

  1. GRANT OF LICENSE

    This EULA grants you the following rights:

    • Applications Software. You may install, use, access, display, run, or otherwise interact with ("RUN") your licensed number of copies of the SOFTWARE PRODUCT, or any prior version for the same operating system, on any tablet TABLET device ("TABLET").
    • Reservation of Rights. All rights not expressly granted are reserved by Avantis.

  2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

    • Not for Resale Software. If the SOFTWARE PRODUCT is labelled "Not For Resale" or "NFR," then, notwithstanding other sections of this EULA, your use of the SOFTWARE PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
    • Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
    • Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of AVANTIS.
    • Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
    • Support Services. AVANTIS will provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the AVANTIS policies described in the user manual, in "online" documentation, and/or in other

    AVANTIS-provided materials. Any supplemental software code such as beta releases provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to AVANTIS as part of the Support Services, AVANTIS may use such information for its business purposes, including for product support and development.

    AVANTIS will not utilize such technical information in a form that personally identifies you.

    • Software Transfer. The SOFTWARE PRODUCT may not be transferred in its original form or any copied form. Product transfers may affect warranties, please consult AVANTIS.
    • Termination. Without prejudice to any other rights, AVANTIS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

  3. UPGRADES

    If the SOFTWARE PRODUCT is labelled as an upgrade, you must be properly licensed to use a product identified by AVANTIS as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labelled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may only be used on the licensed number of TABLETS.

  4. COPYRIGHT

    All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by AVANTIS. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print unlimited copies of such electronic documentation. You may also copy the printed materials accompanying the SOFTWARE PRODUCT.

  5. BACKUP COPY

    After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by AVANTIS solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.

  6. U.S. GOVERNMENT RESTRICTED RIGHTS

    All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227- 14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

  7. EXPORT RESTRICTIONS

    This SOFTWARE PRODUCT may not be exported or re- exported into (or to a national or resident of) any countries that are subject to U.K. export restrictions.; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.K. export transactions by any department of the U.K. government. You warrant and represent that no U.K. government department has suspen ded, revoked or denied your export privileges.

    Should you have any questions concerning this EULA, or if you desire to contact AVANTIS for any reason, please contact the Avantis Support & Distribution Centre by writing to: Avantis Systems Ltd, Unit32, Space Business Park, Quedgeley, Gloucester, GL2 4AL, United Kingdom or by email: [email protected]

CUSTOMER REMEDIES

AVANTIS’ and its suppliers' entire liability and your exclusive remedy shall be, at AVANTIS' option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet AVANTIS' Limited Warranty and which is returned to AVANTIS with a copy of your receipt. This Limited Warranty is void if failure of the HARDWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement HARDWARE PRODUCT or SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United Kingdom, neither these remedies nor any product support services offered by AVANTIS are available without proof of purchase from an authorized international source.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVANTIS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE HARDWARE PRODUCT OR SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM COUNTRY TO COUNTRY.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVANTIS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE HARDWARE PRODUCT OR SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AVANTIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AVANTIS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.K.£5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN AVANTIS SUPPORT SERVICES AGREEMENT, AVANTIS' ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.