End-User Licence Agreement for UniTESK(TM) Software Evaluation

IMPORTANT - READ CAREFULLY: This Software End-User Licence Agreement ("AGREEMENT") constitutes a legal agreement between the recipient (either an individual, a company or a single entity) and Institute for System Programming of the RAS ("ISP RAS") for the UniTESK(TM) PRODUCT (identified hereinafter the "PRODUCT"). The term "PRODUCT" as used herein means any machine readable source code or object code together with any alterations, modifications, additions or replacements to or for such source code or object, or a sequence of instructions prepared using a computer programming language or tool before translation, conversion, or compilation into machine useable instructions or object code, together with any associated media, printed materials, and "online" or documentation comprised on electronic media.

By installing, copying, downloading, accessing, and/or otherwise using the PRODUCT, the recipient agrees to be bound by the terms of this AGREEMENT. This AGREEMENT is granted for a trial period to use the PRODUCT for evaluation purposes only. If the recipient does not agree to the terms of this AGREEMENT, the recipient should not install or use the PRODUCT.

PRODUCT LICENCE

GRANT OF LICENCE

This AGREEMENT grants to the recipient a non-exclusive right and licence, solely for recipient's internal business purposes, to use the PRODUCT for the purposes of evaluation thereof, together with the right to use any software or hardware key, user documentation, except to the extent specifically excluded from grant under this agreement.

The recipient may install, use, access, display, run, and/or otherwise interact with multiple copies of the PRODUCT.

Reservation of Rights

Full title and ownership of all copies of the PRODUCT shall remain vested in ISP RAS and are protected by national copyright laws, the WIPO Copyright Treaty (1996), and by the provisions of the Berne Convention (1971) referred to in all such treaties, as well as other international copyright and intellectual property laws and treaties. All rights not expressly granted are reserved by ISP RAS.

Limitations on Access & Use

Recipient's use of the PRODUCT shall be limited to use for demonstration, test, or evaluation purposes and the recipient may not resell, or otherwise transfer for value, the PRODUCT.

Recipient shall ensure that all users of the PRODUCT are informed of the terms and conditions of this Agreement.

Reverse Engineering, Decompilation, and Disassembly

The recipient may not decompile, disassemble or reverse engineer the PRODUCT, except to the extent, and only that extent, permissible by law where this is indispensable to obtain information necessary to achieve the interoperability of an independently created program with the PRODUCT or with another program and such information is not readily available from ISP RAS or elsewhere.

Trademarks

This AGREEMENT does not grant the recipient any rights in connection with any trademarks or service marks of ISP RAS.

Support Services

ISP RAS may, at its sole discretion, provide the recipient with support services related to the PRODUCT ("Support Services"). Use of Support Services is governed by the ISP RAS policies and programs described in the user manual, in "online" documentation, and/or in other materials provided by ISP RAS. Any supplemental software code provided to the recipient as part of the Support Services shall be considered part of the PRODUCT and subject to the terms and conditions of this AGREEMENT. With respect to technical information the recipient provide to ISP RAS as part of the Support Services, ISP RAS may use such information for its business purposes, including for product support and development. ISP RAS will not utilize such technical information in a form that personally identifies the recipient.

Termination

The rights and licence granted by virtue of this Agreement are only effective upon the recipient's acceptance of this AGREEMENT and installing the PRODUCT. Unless terminated earlier under the terms of this AGREEMENT this AGREEMENT will be for a trial period of 90 days commencing from the first installation of the PRODUCT. The recipient may terminate this AGREEMENT at any time by destroying the PRODUCT together with all copies. Upon termination, for any reason whatsoever, the recipient must destroy all copies of the PRODUCT and all of its component parts in any form in the recipient's possession or under the recipient's control.

UPGRADES & UPDATES

ISP RAS may periodically revise or update the PRODUCT. In so doing, ISP RAS incurs no obligation to furnish such revision or updates to the recipient.

COPYRIGHT

All title and copyrights in and to the PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the PRODUCT), the accompanying printed materials, and any copies of the PRODUCT are owned by ISP RAS. All title and intellectual property rights in and to the content that may be accessed through use of the PRODUCT remain the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This AGREEMENT grants the recipient no rights to use such content. If this PRODUCT contains documentation that is provided only in electronic form, the recipient may print one copy of such electronic documentation. The recipient may not copy the printed materials accompanying the PRODUCT.

DISCLAIMER

The recipient assumes full responsibility for:

(i) the selection of the PRODUCT to achieve the recipient's intended results; and

(ii) the acquisition of other software (including any programming or operating system software) and/or equipment compatible with the PRODUCT; and

(iii) the installation, use and results obtained from the PRODUCT.

To the maximum extent permitted by applicable law, in no event shall ISP RAS assume responsibility, or 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 PRODUCT or the provision of or failure to provide Support Services.

THE PRODUCT IS PROVIDED FOR THE EXCLUSIVE PURPOSE OF EVALUATION BY THE RECIPIENT AND IS SUPPLIED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISP RAS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY WITH THIRD-PARTY SOFTWARE APPLICATIONS, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

GENERAL

If any part of this AGREEMENT is held by a court or competent jurisdiction to be unenforceable the validity of the remainder of this AGREEMENT will not be affected. This AGREEMENT shall be governed by and construed in accordance with English law. Each party hereby irrevocably submits to the exclusive jurisdiction of the English Courts to resolve all disputes or claims of whatever nature arising out of or relating to this AGREEMENT.

THE RECIPIENT ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. THE RECIPIENT FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE RECIPIENT AND ISP RAS WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE RECIPIENT AND ISP RAS OR ISP RAS's AGENT(s) RELATING TO THE PRODUCT.