Software License Agreement

DEBENU PDF AERIALIST

END USER LICENSE AGREEMENT LICENSE AGREEMENT

The Software that is subject to this Software License Agreement is licensed, not sold, to the Licensee by DEBENU.

You should carefully read the following terms and conditions which govern your use of the Software. If after reading the following terms and conditions you do not wish to proceed with the use of the Software you should not proceed to install, copy, download or otherwise use the Software.

PART A: GENERAL CONDITIONS WHICH APPLY TO ALL DEBENU SOFTWARE

1. DEFINITIONS

In this License Agreement, unless the context otherwise requires, the following terms have the following meanings:

1.1. “DEBENU” means Debenu Pty Ltd ACN 127 090 180 trading as DEBENU and its successors and assigns.

1.2. “Related Items” means manuals and documentation whether in hard copy or otherwise supplied by DEBENU relating to the Software.

1.3. “Software” means all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this agreement is provided, including:

a) third party computer information or software that DEBENU has licensed for inclusion in the Software;

b) fonts; and

c) upgrades, modified versions, updates, additions, and copies of the Software, if any (collectively, “Updates”).

2. ACTIVATION

2.1. The Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Software may contain enforcement technology that limits Licensee’s ability to install and uninstall the Software on a machine to no more than a finite number of times, and for a finite number of machines.

2.2. The Software may require activation as explained during installation and in the Related Items. If any such applicable activation procedure(s) is not followed, then the Software may only operate for a finite period of time. If activation is required, and not completed within the finite period of time set forth in the Related Items and explained during installation, then the Software may cease to function or be limited in function until activation has been completed, at which time functionality will be restored. If Licensee has any problem with the activation process, Licensee should contact DEBENU customer support.

3. LICENSE

3.1. DEBENU grants you a non-exclusive, non-transferable license to use the Software and the Related Items in accordance with the Desktop (Section B), Server (Section C) or Development (Section D) Software you have purchased.

3.2. A single copy of the Software may be made by you for back-up purposes only. You must only use this copy as a back up and it should not be installed in a form which is capable of use.

3.3. Except as permitted in this agreement you may not make or permit any other person to make a copy of the Software and you shall take all reasonable precautions to prevent any other person from being able to make a copy of the Software.

3.4. You may not assign or transfer the license to the Software to any other party without the written permission of DEBENU.

3.5. Except as permitted in this agreement, you must not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software.

3.6. DEBENU reserves the right to modify the terms and conditions of this license in its sole discretion at any time by posting a revised version of the license on its website or by otherwise making such revised terms available for review to you. Any such modifications to this license, including any modifications to the warranty disclaimers or limitations of liability, will supersede all prior versions after the revised version has been posted to the website or otherwise made available. Your continued use of the Software after the variation constitutes your consent to the variation of the license.

4. INTELLECTUAL PROPERTY

4.1. Subject to clause 4.2, you acknowledge that DEBENU is the proprietor of all industrial, commercial and intellectual property rights including the copyright in the Software and the Related Items and including all versions or adaptations of the Software and the Related Items. DEBENU expressly reserves all such rights in accordance with international copyright law except those expressly granted to you in this license.

4.2. You acknowledge that the Software may incorporate or refer to products in which DEBENU is not the proprietor of the intellectual property. DEBENU makes no warranty as to the use or suitability of such products and the intellectual property rights of those products remain the property of their respective proprietors.

5. NO WARRANTY ON LICENSED SOFTWARE AND DISCLAIMER

5.1. The Software is provided to Licensee “AS IS.” DEBENU, and DEBENU’s suppliers, make no warranty as to its use or performance. DEBENU, AND DEBENU’S SUPPLIERS, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION.

5.2. The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. This warranty gives you specific legal rights. You may have other rights, which vary from country to country.

6. Disclaimer of damages

6.1. Regardless of whether any remedy set out in this agreement fails its essential purpose, in no event will DEBENU be liable to you for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the Software even if DEBENU has been advised of the possibility of such damages. In no case shall DEBENU liability exceed the purchase price for the Software.

6.2. The disclaimers and limitations set out above will apply regardless of whether you accept the Software.

7. LIMITED WARRANTY ON MEDIA

DEBENU warrants that the media on which the Software is distributed, if any, will be free from defects for a period of 30 days from the date the Software is delivered to Licensee. If Licensee discovers a defect in the media during this 30-day period, Licensee must then return the defective media to DEBENU within 10 calendar days of discovering the defect, and Licensee’s sole remedy is to have either the defective media replaced, or at DEBENUís sole option, a refund of the money that Licensee paid for the Licensed Software.

8. SUPPORT

DEBENU is not obligated by this agreement to provide Licensee with any technical support services relating to the Software; however, Licensee may order additional support services for an additional charge as DEBENU may offer from time to time during the term of this agreement.

9. PROOF OF COMPLIANCE.

Within 30 calendar days after request from DEBENU, or DEBENU’s authorized representative, Licensee will provide full documentation, and certify under penalty of perjury, that Licensee’s use of any and all Software is in conformity with this agreement.

10. TERMINATION

10.1. DEBENU shall be entitled to terminate this agreement at any time if you breach any term of this agreement.

10.2. If this agreement is terminated for any reason, your copy of the Software and the Related Items, together with any other copies or reproductions or substantial reproductions of the Software shall be returned to DEBENU and at the request of DEBENU you shall certify that all such copies, reproductions or substantial reproductions have been returned or destroyed.

PART B: CONDITIONS WHICH APPLY TO DEBENU DESKTOP SOFTWARE

You may only use the Software for the maximum number of users licensed to use the Software at any one time which was specified in the product order form.

PART C: CONDITIONS WHICH APPLY TO DEBENU SERVER SOFTWARE

You may only install and use the Software on the maximum number of servers licensed to use the Software which was specified in the product order form. All servers which use the Software must be licensed.

For Citrix Metaframe and/or Microsoft Terminal Services specific licenses, the total number of concurrent users across all Citrix MetaFrame and/or Terminal Services servers on which the DEBENU software is installed may not exceed the number of users licensed.

PART D: CONDITIONS WHICH APPLY TO DEBENU DEVELOPMENT AND RUNTIME SOFTWARE AND ASSOCIATED REDISTRIBUTION RIGHTS

Development rights:

You may install the Software on one computer only for development. All other computers used for development must have a separate development license. You may customize the Software for specific requirements. You agree that DEBENU retains ownership to the Software. The customized Software may not be resold or used for any third party development, commercial, distribution or production.

Competitive Product Restrictions – You may not customize or integrate the Software or distribute Runtime software into or with an application that is generally competitive with any of the DEBENU product offerings.