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LICENSE AGREEMENT

This License Agreement (the “Agreement”) for the bit Ten Software is a legal agreement between
the User (“You” or “Your”) and Elettromedia s.r.l. (“Company”), for the use of the bit Ten Software
(“Software”) and the documentation enclosed (“Documentation”).
By clicking the “I Agree” button below, or by accessing, copying or using the Software, You
acknowledge that You have read this Agreement, understand it and agree to be bound by its
terms and conditions.
If You do not agree to the terms and conditions of this Agreement, click the “I do not Agree” button
and do not access or use the Software. The Company does not and will not grant license the
Program to You unless You agree to the terms of this Agreement.

In consideration of the premises and covenants described below, You agree as follows:

1. License Grant
Subject to the terms and conditions hereof, the Company grants You a non-exclusive, non-
transferable and limited license to use the Program (“License”) solely for use in conjunction with
the installation of the Audison brand products and hardwares. You will receive updates and/or
upgrades, if any, in accordance with the support and maintenance agreement. Any updates
and/or upgrades provided by the Company shall be governed by the terms and conditions of this
Agreement.

2. Limitations and Restrictions


Except as specifically provided herein, You may not, in whole or in part:
(a) copy the software;
(b) distribute copies of the software, in whole or in part, to any third party;
(c) modify, adapt, translate, decode, make alterations, decompile, disassemble or make
derivatives works based on the Software, except as otherwise permitted by law;
(d) use, rent, loan, sub-license, lease, distribute or attempt to give the rights on the Software to
third parties;
(e) use the Software to act as a support and service centre or application service provider or to
permit access to the Software by any third party.
Nothing in this Agreement shall give You the right or license to use any trademarks used in
connection with the Software, including without limitation “Audison”, “Elettromedia” and/or any
trademarks of any Company’s providers and suppliers.

3. Property Rights and Confidentiality


The Software is owned by the Company and is protected by the law in force in terms of copyright,
patent and trade secret laws.
You will take those reasonable steps necessary to protect the proprietary rights of the Software
related to the use and possession of the same, including for instance maintaining the
confidentiality of Your access passwords to the information systems where the Software is
installed, if any. You will keep the Program confidential and will not disclose or publish it, in any
part of it, to any third party except as specifically provided herein.
All design elements of the Software, including for instance the text, graphics, interface and the
selection and arrangement thereof, are protected by copyrights owned by the Company. All rights
not expressly granted herein are reserved to the Company.
Other companies’ trademarks and product names of unrelated entities herein are for informational
purposes only and are not intended as a claim of rights by the Company. Other product names,
publications and company names herein may be the trademarks of their respective owners.

4. No Responsibility
The Company will not be liable for losses or damages arising from or in any way related to the
use of the Software.
If the Software is found to be defective in any of its parts, including the installation CD, and the
Company is given notice within 10 days from the discovery of such defect, Your sole and
exclusive right and the Company’s sole and exclusive obligation to You, is a replacement of the
defected portion of the Program.

5. Third Party Use


You warrant that all the people having access to the Program will observe all the terms and
conditions of this Agreement.
You shall, at Your own expense, promptly enforce the restrictions in this Agreement against any
person who has access to the passwords or copy of the Program with Your permission, or while
the Program is being used, and violates such restrictions, by arranging and diligently pursuing all
legal remedies foreseeable in such case. You are bound to immediately notify the Company in
writing of any improper use, misappropriation or unauthorized disclosure, display or copy of the
Software that may come to Your attention. You agree to indemnify and hold harmless the
Company from any and all claims resulting from Your use of the Program or from the breach of
this Agreement.

6. Disclaimer of Warranty and Indemnification


The Company is licensing the Program on an “as is” basis to you. The Company makes no
warranty about the suitability, reliability, timeliness and accuracy, for any purpose, of this
Program, its operation or the content contained herein.
The Company disclaims all warranties, either expressed or implied, regarding the Program, its
operations and its content and expressly disclaims the implied warranties of merchantability,
fitness for a particular purpose and non-infringement for any software contained in the program.

7. Limitation of Liability
IN NO EVENT shall the Company be liable for any damage, including, without limitation,
damages for loss of business profit, loss of business interruption, loss of business information
loss and the like connected with the use or inability to use the Program, without limits. Some
countries do not allow the exclusion or limitation of liability for consequential or incidental
damages, so the above limitation may not apply to you under the laws of those countries.

8. Indemnity
You agree to indemnify and hold harmless the Company and its employees, consultants and
agents from any and all claims arising from or related to the use of the Program including, without
limitation, damage to any hardware or products due to Your misuse of the Program.

9. Termination
The Company may immediately terminate this Agreement and exercise any other rights, if you
breach this Agreement.
Upon termination, for any reason, You shall either promptly return to the Company all the copies
of the Program in Your possession, or control or destroy (i.e. uninstall / delete) Your copies of the
Program, as well as certify in writing that all such copies have been destroyed. Even in such
case, all the sections that are still applicable in this Agreement will survive this Agreement.

10. Validity of the Agreement


You agree that the terms and conditions stated in this Agreement are severable. If any point,
provision or clause in this Agreement shall be held to be invalid or unenforceable in any
jurisdiction, the remainder of this Agreement shall be held to be valid and enforceable by both
parties and the parties shall use good faith to negotiate a substitute, valid and enforceable
provision which covers most of the parties’ purposes in entering this Agreement.

11. Damage Reimbursement


You agree that, due to the unique nature of this Software, the Company may suffer damage in the
event You fail to observe any of the terms of this Agreement, and that the reimbursement of the
sole economical damages would be insufficient to compensate the Company for any such breach
by You.
Consequently, You agree that the Company will be entitled to act as per what the law provides for
to enforce the terms of this Agreement and claim for reimbursement of all the damages the
Company suffered.

12. Applicable Law


This Agreement is governed by the Italian Law. The place of jurisdiction for any dispute will be the
Court of Macerata.

13. Ackowledgement of understanding and reading of the entire Agreement


You acknowledge that You have read this Agreement, understand it and agree to be bound by its
terms and conditions. You also agree that this Agreement is the complete and exclusive
statement of the Agreement between You and the Company and it supersedes all prior proposals
or agreements, oral or written, and any other communications between the Company and You
regarding the subject matter of this Agreement.
This Agreement may not be amended, except by an agreement in writing which shall have to be
signed both by the authorized representatives of the Company and You.

© 2010 Elettromedia s.r.l. All rights reserved

If You accept and agree to these terms and conditions, click the “I Agree” button below:
If You do not accept and agree to these terms and conditions click the “I do not agree” button
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