END USER LICENSE AGREEMENT - Gemalto Support

1 END user LICENSE AGREEMENT This End user LICENSE AGREEMENT (this EULA ) is a legal contract between Customer s Business name ( you ) as either an individual or a single business entity, and Gemalto Pte Ltd and its affiliates (collectively, Gemalto ). READ THE TERMS AND CONDITIONS OF THIS EULA CAREFULLY BEFORE DOWNLOADING Gemalto S PROPRIETARY SOFTWARE (the Software ) OR OBTAINING A LICENSE KEY TO THE SOFTWARE OR USING THE SOFTWARE AND THE HARDWARE (the Hardware ) THAT IT RUNS ON. THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS EULA, NOT SOLD TO YOU.

2 BY DOWNLOADING THE SOFTWARE, OBTAINING A LICENSE KEY TO THE SOFTWARE AND/OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS EULA, YOU SHOULD REFRAIN FROM ACCESSING OR USING THE SOFTWARE. THIS EULA REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND Gemalto CONCERNING THE SOFTWARE, AND THIS EULA SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH Gemalto RELATING TO THE SOFTWARE.

3 1. LICENSE Grant of LICENSE . Gemalto hereby grants to you, and you accept for use by you, your affiliates and your third party service providers (including consultants and contractors), a limited, nonexclusive LICENSE to use the Software in machine-readable, object code form only, and the user manuals accompanying the Software (the Documentation ), only as authorized in this EULA. For purposes of this EULA, the Software includes any updates, enhancements, modifications, revisions, or additions to the Software made by Gemalto and made available to end-users through Gemalto s web site.

4 Notwithstanding the foregoing, Gemalto shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Software. Scope of Use. You, your affiliates and your third party service providers (including consultants and contractors) may use the Software activated by a LICENSE key/file in accordance with the number of servers and user licenses identified in the applicable Schedule between you and Gemalto or the authorized Gemalto reseller. For purposes of this EULA, use of the software means loading the Software into the temporary or permanent memory of a computer.

5 Installation of the Software on a network server solely for distribution to other computers is not use of the Software, and is permitted, as long as you have a LICENSE key/file for each server (virtual or physical) to which the Software is distributed. The Software may not be used on or distributed to a greater number of computers than you have LICENSE keys. If you use or distribute the Software to multiple users, you must ensure that the number of users does not exceed the number of LICENSE keys you have obtained, or you will be in breach of this EULA.

6 Copies and Modifications. You may not reverse engineer, decompile, disassemble, or otherwise translate the Software or any LICENSE keys you have obtained. You may not modify or adapt the Software or any LICENSE keys that you have obtained in any way. You may make one copy of the Software, the Documentation, and any LICENSE keys that you have obtained, solely for backup or archival purposes. Any such copies of the Software, Documentation, or LICENSE keys shall include any copyright or other proprietary notices that were included on such materials when you first received them.

7 Except as authorized in this Section, no copies of the Software, Documentation, or LICENSE keys, or any portions thereof, may be made by you or any person under your authority or control. Assignment of Rights. You will not sublicense, lease, rent, or lend your rights in the Software, Documentation, or LICENSE keys, as granted by this EULA, with any third party without prior written consent of Gemalto . For clarification, this provision is not intended to, nor does it, restrict any use of the Software by your affiliates and third party service providers for the applicable Schedule and purpose set forth in Section 2.

8 WARRANTY AND DISCLAIMERS Limited Hardware Warranty. Gemalto warrants to you for a period of one (1) year commencing from the date of original shipment by Gemalto , the Hardware portion of the product(s) purchased from Gemalto or its authorized resellers (and fully paid for) shall be materially free of defects in material and workmanship under normal use and will materially conform to Gemalto s published specifications applicable to the product release purchased. This warranty applies to you only as the purchaser and end user of the Product. In the event the Hardware fails to comply with the foregoing warranty during the applicable warranty period, (a Defect ), Gemalto , at its sole discretion, shall repair or replace the Hardware that is determined to be defective and provide a workaround for the non-conforming Hardware.

9 The Hardware may include some used, refurbished or remanufactured components which are warranted the equivalent of new. Limited Software Warranty. Gemalto warrants to you for a period of one (1) year commencing from the date of original shipment by Gemalto , the software portion of products purchased from Gemalto or its authorized resellers (and fully paid for) will perform substantially in accordance with the Gemalto s published specifications applicable to the software portion of Product. This limited warranty extends only to you as the licensee.

10 Gemalto does not warrant or guarantee that the Software is free from errors or bugs or that you will be able to operate the Software without interruption or problems or that the functions in the Software will operate in all combinations of hardware or software which may be selected by you or will meet your requirements. DISCLAIMERS. THE FOREGOING WARRANTIES DO NOT APPLY IF THE PRODUCT (i) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH Gemalto S REASONABLE INSTRUCTIONS, (ii) HAS BEEN MISHANDLED, MISTREATED, USED OR MAINTAINED OR STORED OTHER THAN IN CONFORMITY WITH Gemalto S APPLICABLE PRODUCT SPECIFICATIONS, (iii) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, ENVIRONMENT, NEGLIGENCE, ACT OF GOD, OR ACCIDENT.