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A FUTURE CORPORATION PTY. LTD.

SOFTWARE LICENSE AGREEMENT

I. IMPORTANT: THIS IS A LICENSE, NOT A SALE. PLEASE READ THE TERMS AND
CONDITIONS OF THIS LICENSE AGREEMENT (HEREAFTER “AGREEMENT”) CAREFULLY
BEFORE USING THE SOFTWARE. BY CLICKING THE “I AGREE” OR “YES” BUTTON OR
OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR INSTALLING THE SOFTWARE,
YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. FURTHER YOU ACKNOWLEDGE AND AGREE WITH A
FUTURE CORPORATION PTY. LTD. (HEREAFTER “FUTURE CORPORATION”) THAT THIS
AGREEMENT IS LIKE ANY NEGOTIATED WRITTEN AGREEMENT SIGNED BY YOU AND
THAT THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND/OR THE LEGAL ENTITY
THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED (REFERRED
COLLECTIVELY HEREIN AS “YOU” OR “YOUR”). IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS IN ADDENDUM HEREIN
APPLICABLE TO YOU AS SET FORTH BELOW, CLICK THE “DO NOT ACCEPT” OR “NO”
BUTTON OR OTHERWISE INDICATE YOUR REFUSAL OR DO NOT DOWNLOAD THE
PRODUCT AND THE INSTALLATION PROCESS WILL NOT CONTINUE. YOU MAY RETURN
THE SOFTWARE TO THE PLACE OF PURCHASE FOR A FULL REFUND AS SET OUT IN III.
BELOW;

II. DOWNLOADS: BEFORE DOWNLOADING THE SOFTWARE, CAREFULLY READ THE


TERMS AND CONDITIONS OF THIS AGREEMENT. BY DOWNLOADING THE SOFTWARE: (I)
YOU CERTIFY THAT YOU ARE NOT UNDER 13 YEARS OF AGE AND THAT YOU AGREE TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT;
AND (II) YOU AGREE THAT BY INSTALLING THE SOFTWARE THIS WILL BE AN
IRREVOCABLE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT;
AND, (III) YOU AGREE TO BE RESPONSIBLE FOR YOUR INTERNET SERVICE PROVIDER
FEES, TELECOMMUNICATIONS AND ALL OTHER CHARGES THAT MAY APPLY AS A
RESULT OF YOUR DOWNLOAD OF THE SOFTWARE; AND, (IV) YOU REPRESENT AND
WARRANT TO FUTURE CORPORATION, IF YOU ARE DOWNLOADING AND ACCEPTING
THE SOFTWARE ON BEHALF OF ANY OTHER LEGAL ENTITY, THAT YOU HAVE FULL
LEGAL AUTHORITY TO BIND SUCH ENTITY; AND, (V) ALL RISK OF DAMAGE TO THE
SOFTWARE DURING TRANSMISSION AND DOWNLOAD IS ASSUMED BY YOU. IF YOU DO
NOT AGREE OR COMPLY WITH THE ABOVE TERMS AND CONDITIONS, DO NOT
DOWNLOAD THE SOFTWARE;

III. FOURTEEN (14) DAY MONEY BACK GUARANTEE: If you are the first user of the Software
and are not satisfied with it, excluding: Beta, Demonstration, Installment, OEM, SDK,
Subscription or Upgrade Software as set forth under their respective sections below, you may
return it at any time during the fourteen (14) day period following the date of purchase subject to
the following conditions: (i) you must uninstall and where applicable deactivate and/or deregister
the Software; and, (ii) fill in a Return Advice form and submit it at the Software's website; and (iii)
return any media and other associated materials including the hardware security device (if
applicable) with proof of purchase and the Return Advice (RA) number to Future Corporation or
the Authorized Dealer you purchased the Software from to obtain a refund of the money you
paid for the software (less all shipping, handling, applicable taxes and any other non-
recoverable costs including but not limited to any other or 3rd party fees and/or charges
howsoever incurred). No returns will be accepted by Future Corporation, or its Affiliates and/or
its Authorized Dealers after the fourteen (14) day period has expired. Please visit
http://www.iifuture.com/en/support_customer_service.html;

THIS LICENSE IS GRANTED BY FUTURE CORPORATION OR ITS AFFILIATES AND


INCLUDES THE FOLLOWING

PART I

1. TERMS AND DEFINITIONS

2. SOFTWARE LICENSE

3. GENERAL PROVISIONS

4. GOVERNING LAW

5. TECHNICAL SUPPORT

6. INSTALLMENT AND SUBSCRIPTION SOFTWARE

PART II

7.1 ACADEMIC, EDUCATION STUDENT AND TEACHER ADDENDUM TO THE LICENSE

7.2 BETA SOFTWARE ADDENDUM TO THE LICENSE

7.3 DEMONSTRATION SOFTWARE ADDENDUM TO THE LICENSE

7.4 OEM EDITION ADDENDUM TO THE LICENSE

7.5 SOFTWARE DEVELOPMENT KIT ADDENDUM TO THE LICENSE

PART III

8. COUNTRY SPECIFIC TERMS IN ADDENDUM TO THIS LICENSE

PART I

1. TERMS AND DEFINITIONS

1.1 Words importing the singular number shall include the plural and vice versa; and,

1.1.2 Words importing any particular gender shall include all other genders; and words importing
persons include individuals, sole proprietors, partnerships, companies, corporations (public or
private), all government bodies and departments including the armed and covert forces, trusts
and unincorporated associations, businesses, organizations and all other legal entities; and,

1.1.3 Unless expressly stated otherwise all words herein shall be given their ordinary or plain
meaning according to the Australian Oxford English dictionary at such date this Agreement is
executed by the parties; and,

1.1.4 References in this Agreement to Sections are to sections in this Agreement except where
otherwise expressly stated; and,

1.1.5 Numbered Headings (as described in Section 1.2 below), excluding those words referred
to in section 1.1.6 (below), are used in this Agreement for the convenience of the Parties only
and shall not be incorporated into this Agreement and shall not be deemed to be any indication
of the meaning of the Clauses or Sections to which they relate; and,

1.1.6 For the purposes of section 1.1.5 (above) Numbered Headings hereby excludes all those
words contained within inverted commas (“”) or in parentheses (), italicized or bolded; and,

1.1.7 To avoid any doubt those words contained within inverted commas (“”) or in parentheses
(), italicized or bolded that are not Numbered Headings are included in and form part of this
Agreement;

1.2 IN THIS AGREEMENT UNLESS EXPRESSLY STATED OTHERWISE THE FOLLOWING


WORDS, GROUPING OF WORDS OR PHRASES SHALL HAVE THE FOLLOWING
MEANING:

“Activation Number” means the unique number used to Activate the Software to operate in a
restricted or unrestricted state;

“Affiliate” means any corporation, company or other entity that directly or indirectly, is
controlled by, or is under common control with, Future Corporation;

“Agent” means the interactive assistants which form part of the SuperTutor training program;

“Antivirus software” means a computer program that attempts to identify, neutralize or


eliminate a wide range of threats to a computer or device, including but not limited to (i)
malware, (ii) worms, (iii) phishing attacks, (iv) rootkits, and (v) Trojan horses or any other type of
similar, related or malicious software;

“Apple computer” means a computer or device manufactured, supplied and/or sold by Apple
Computer Inc. or its Authorized or Licensed Dealers;

“Authorized Dealer” means an individual or a business (incorporated or otherwise) that has


been approved and authorized by Future Corporation under a separate agreement to carry
(store or stock) the Software to promote, support and sell it to end-users;

“Beta” means a version (complete or incomplete) of Future Corporation Software that is in its
final development and/or testing stage that may contain bugs, errors and other glitches or
problems that could cause system failures and/or data loss and may not perform all functions for
which it is intended or represented;

“Circumvent” means (i) to deliberately, utilizing any means, work-around or bypass and/or
eliminate (successfully or otherwise) the Software’s built-in (programmed) mechanisms that are
intended to prevent its unlicensed, unauthorized or unlawful use; or (ii) to work-around or
bypass and eliminate the hardware security device commonly referred to as a "Dongle"
(successfully or otherwise) to prevent the Software’s unlicensed, unauthorized or unlawful use;
and/or (iii) to interfere with the Software’s programming code and/or secret mechanisms using
an individual's skills and/or another program, utility, script or device, commonly known as
"Reverse Engineering", "Cracking" or "Hacking", in an attempt (successful or otherwise) to
either remove, work-around or bypass the Software’s built-in (programmed) or hardware
(security device) mechanisms that is intended to prevent the software's unlicensed,
unauthorized or unlawful use;

“Compatible computer” means IBM compatible computer for the purposes of this Agreement
(see below);

“Component” means a separate and identifiable part of the Software that may be obtained
separately for a fee or at no charge as described in the Software’s documentation that
seamlessly integrates with the Software and is typically referred to as a plug-in, snap-in or
module;

“Computer” or “Device” means an electronic device that accepts information in digital or


similar form and manipulates it for a specific result based on a sequence of instructions;

“Content Files” means the animations, artistic works and samples, audio, charts, clipart, data,
gradients, fonts (in all formats), illustrations, images, internal graphics and works, sample and
stock photographs, sample files, sounds, templates, text, textures, video and all other similar
works bundled (included) with the Software and/or available online at no charge, or for a fee,
and are provided for demonstration and training purposes with the Software;

“Copy” with respect to the Software means one (1) instance of the Software that is installed
onto one (1) hard disc drive that is permanently affixed and/or exclusively used in one (1)
computer; and does not mean a removable or transportable hard disc drive that is used as a
start up drive on more than one (1) computer (e.g. you may not install a copy of the Software on
a hard disc drive (C:\ drive) that is then cloned and used as a boot up disc on two or more
computers simultaneously);

“Credit-Card” means a payment device lawfully issued to the bearer by a Major credit card
company that is accepted by Future Corporation, its Affiliates and/or its Authorized Dealers as
listed at the Future Corporation Internet site:
http://www.iifuture.com/en/products_payment_options.html;

“Customer Number” means Product Serial Number for the purposes of this Agreement (see
below);

“Day” or “Days” means consecutive calendar days and does not exclude weekend days, or
any: public, bank and government sanctioned public holidays with each day concluding
precisely at 4:00PM AEST and any time thereafter considered the following day for the
purposes of this Agreement;

“Delphi” means a computer programming language, more specifically a branch of object


oriented derivatives of Pascal;

“Documentation” means any accompanying printed materials, Software License, and any
other Agreement you may have with Future Corporation relating to the Software, and online
(Future Corporation Internet sites); or its electronic equivalent;

“Dongle” means a Hardware Security Device for the purposes of this Agreement (see below);

“Expert” means an individual or individuals who comply with the experience and/or tertiary
qualifications as required under the Software License Agreement to provide sworn testimony in
the event of a dispute between the parties hereto in a court of competent jurisdiction, to assist
the court if required;

“First user” means the individual or legal entity that first licensed the Software from Future
Corporation or its Affiliate;
“Future Corporation” means a Future Corporation Pty. Ltd. A.C.N. 078 538 022 of Level 7,
365 Little Collins Street, Melbourne, Vic 3000 Australia;

“Hard disc drive” or “HDD” (Internal or External) means any disc or media regardless of
kind or type that is capable of having the Software copied or installed onto it for use in or with a
computer or device;

“Hardware Security Device” means a piece of hardware that physically attaches to a


Computer or Device (typically through its Parallel, Serial or USB communications port) that is
interrogated by the Software to determine its authenticity and a user's right to fully access the
Software;

“Help” means the printed and/or electronic documentation provided by Future Corporation with
the Software and/or online and does not mean email, facsimile, telephone or technical support,
training or assistance;

“IBM compatible computer” means any computer or device that is capable of running
Microsoft’s computer operating system: Windows and excludes ALL Apple computer operating
systems, and for the purposes of this Agreement means Windows: 8, 7, Vista, and XP in all
variants and service packs or any version thereof for Apple computers, but does not include any
other version or variant of Microsoft Windows including but not limited to: Windows: 2000, Me
(Millennium), 98, 95, 3.X and all prior releases, versions and variants and to avoid any doubt
does not include any future versions of Windows after Windows 8;

“In writing” from Future Corporation which appends or modifies this agreement means a
written document signed by the C.E.O., a director, a vice president, or a senior executive of
Future Corporation that is duly authorized to represent Future Corporation for such purposes;

“Install Code” means the unique number that identifies each computer and is required to
Activate or Register the Software;

“Interactive Agents” means a technology developed by Microsoft which employs animated


characters, text-to-speech engines, and speech recognition software to enhance interaction with
computer users;

“Internal Network” means a private or proprietary network resource (Intranet) accessible only
by management, employees and individual contractors (i.e. subcontractors) of a specific
corporation, company, business entity or government department or body. Internal Network
does not mean or include a global and/or public network (Internet) or any portion thereof or
any other network community open to the public or other non-related corporations, such as
membership or subscription driven groups, trade or professional associations, public
associations or forums and/or similar organizations or groups;

“Internet” means the global computer network commonly referred to as the world wide web;

“License Management Regime” means the system employed by Future Corporation and the
Software to manage the Software's Licensing on a computer;

“License Remaining” means the contiguous time remaining (usually reported in days) before
the License expires on a computer;

“License Status” means the current state of the Software License on a computer;
“License Type” means the method of payment for the Software License;

“Life”, “Life Cycle” or “Life of the Product” means Product Life for the purposes of this
Agreement (see below);

“Machine code” or “Machine language” means a system of instructions and data directly
executed by a computer’s central processing unit;

“Materials and workmanship” means the Software’s physical: (i) media (including but not
limited to discs and the hardware security device), (ii) written (printed) materials, (iii) packaging,
and (iv) any other similar materials but does not refer or relate to the Software program and/or
its components, extras, plug-ins, snap-ins, modules or its code, or any online services. Materials
and workmanship does not mean or include the quantity or quality of the Software or its code,
its fitness for purpose or merchantability;

“Microsoft” means Microsoft Corporation Inc. of 1 Microsoft Way, Redmond, WA 98052-6399


United States;

“Module” means Component for the purposes of this Agreement (above);

“Month” or “Months” means consecutive calendar months and does not exclude weekend
days, or any: public, bank and government sanctioned public holidays within such month or
months;

“MSRP” means Manufacturer’s Suggested Retail Price abbreviated to MSRP and has the same
meaning as: Recommended Retail Price or RRP, or the list price;

“Numbered Headings” means a word or group of words within this Agreement that are
immediately preceded by a numeric value which is the consecutive decimalized number to
those numbers that have come before it in preceding sections and does not include alpha,
roman or other numerals which may appear within and throughout the various sections of this
Agreement;

“Online” means access to and/or interaction with the global computer network commonly
referred to as the Internet or world wide web via a computer or other device whether it be
unrestricted or otherwise;

“Operating System” means Microsoft’s computer operating system software: Windows: 7,


Vista, and XP in all correctly installed (loaded) variants and service packs or any version thereof
for Apple computers, but does not include any other version or variant of Microsoft Windows
including but not limited to: Windows: 2000, Me (Millennium), 98, 95, 3.X and all prior releases,
versions and variants and to avoid any doubt does not include any future versions of Windows
after Windows 7;

“Original Equipment Manufacturer” or “OEM” means a variation of the Software that is


exclusively included (bundled) and licensed by Future Corporation with a piece of third party
equipment or hardware (machines and devices) including but not limited to: CNC, engraving,
laser, plotting, printing, routing and vinyl cutting machines and devices by the manufacturer
and/or their agents and dealers to end-users;

“Output File” means a file in a Future Corporation proprietary or generic format that has been
created and saved and/or exported by the Software;
“Patch” means Update for the purposes of this Agreement (see below);

“Permitted Number” means a single unit or one (1) unless otherwise indicated under a valid
Volume License granted by Future Corporation or one of its subsidiaries, authorized Licensees
or Dealers;

“Perpetual” or "Perpetual License” means a period of no more than ten (10) consecutive
years and for the purposes of this agreement DOES NOT mean everlasting or forever;

“Plotter” or “Vinyl Cutter” means an electronic device that uses a pen or blade to create
drawings on a substrate or to cut out signage from an adhesive backed vinyl or similar substrate
which is expressly supported by the Software and does not include every make and model of
plotter or vinyl cutter manufactured or currently available;

“Plug-In” means Component for the purposes of this Agreement (see above);

“Possession or Control” means (i) the effective ownership or proprietorship of the Software
license notwithstanding the legal ownership or proprietorship thereof, and/or (ii) the effective
ownership or proprietorship of a computer or device notwithstanding the legal ownership or
proprietorship thereof that has any prior or actual relationship with, or to, the Software;

“Printer” or “Large/Wide Format Printer” means an electronic device that uses any
process/technology to print onto a substrate which is expressly supported by the Software and
does not include every make and model of printer or large/wide format printer manufactured or
currently available;

“Product” means the version of the Software licensed by Future Corporation under the terms
of this Agreement;

“Product Life” means the period of time from where a version of the Software is released for
licensing to the public (the current version) and remains current up until such time as a
subsequent or replacement version (Upgrade) is released for licensing to the public (see
Upgrade below);

“Product Serial Number or PSN” means the unique and identifying number for each Future
Corporation Software product;

“Programming language” means a set of written instructions (and comments) that are used to
develop and create programs which control the behaviour of a computer or device;

“Published functionality” means the functions (i.e. tools and features) each variation or level
of the Software includes as set forth and listed at the Software’s dedicated Internet site in the
‘Products’ webpage under ‘Feature’s List’ or similar list;

“Reasonable amount” means for the purposes of section 5 (below) an amount only to the
extent necessary to resolve, or an attempt to resolve (successful or otherwise), a technical issue
pertaining or relating to the Software; and does not imply or mean a guarantee, warranty or
promise of any kind to permanently resolve such technical issue;

“Registration Number” has the same meaning as Activation Number for the purposes of this
Agreement (see above);

“RRP” means MSRP for the purposes of this Agreement (see above);
“Sample File” means a file in a Future Corporation proprietary or generic format that has been
created and saved and/or exported by Future Corporation, its Affiliates and/or its Authorized
Dealers using the Software;

“Security-1” or “S1” means an extension, variation or modification of the Software that (i) is for
use within a secured or protected internal network, and/or (ii) provides for restricted user levels
and access, and/or (iii) has built-in mechanisms to track all access and use of the Software,
and/or (iv) implements strong encryption to protect Output and Export files;

“Snap-In” means Component for the purposes of this Agreement (see above);

“Software Development Kit” or “SDK” means a set of development tools provided by Future
Corporation that assists a software programmer to create components, file format filters for
Future Corporation Software and/or its components for use with third party computer programs,
utilities or applications;

“Software” means (i) computer software (including its compiled code), and/or (ii) a computer
program including plug-ins, snap-ins, modules and/or components (including their respective
code), and (iii) any modified versions and copies of, and upgrades, updates and additions to the
Software; and (iv) all of the information with which the Software License Agreement is provided,
including but not limited to Future Corporation or third party software files and other computer
information but does not include the physical: (i) media (including but not limited to discs and
the hardware security device), (ii) written (printed) materials, (iii) packaging, and (iv) any other
similar materials;

“Strong encryption” means a method of data encryption that is less susceptible to having its
key discovered by a third party through what is commonly referred to as brute force attack,
hacking or cracking;

“Subsidiary” means Affiliate for the purposes of this Agreement (see above);

“Supervisor” and “Manager” means an employee of Future Corporation who has a senior
position within the company and has been authorized by the C.E.O., a director, a vice president,
or senior executive of Future Corporation to represent Future Corporation for the tasks as
expressly set forth in this Agreement;

“Supplier” means an individual or a business which has and/or continues to provide Future
Corporation with any goods, intellectual property and/or services to assist Future Corporation in
designing, creating, producing and delivering the Software;

“Technical support” means the identification and attempted remedy (successful or otherwise)
of an error, bug or an unexpected circumstance pertaining or relating to the Software when used
in accordance with the Software's documentation, the Operating System and directions from
Future Corporation via email, user forums, knowledgebase, online ticketing, facsimile, telephone
or by any other appropriate means, undertaken by an authorised Future Corporation
representative; and does not mean the consulting or consultation of the applicability, suitability
or otherwise of the Software or any training or explanation of how to use the Software or any
other Software or Hardware, or how it is supposed to, or does function except to the extent to
remedy the technical issue;

“Update” means a separate component of Software designed to update, modify, repair, remove
or fix problems identified by Future Corporation with the Software that includes fixing bugs,
replacing or removing tools and/or features and improving the usability or performance of the
Software (e.g. V1.0 of the Software may be replaced with V1.1 of the Software, with V1.1 an
update from V1.0, with V1.1 potentially followed by V1.2 and so on and so forth. Note, update
increments may not necessarily be in values of .1);

“Upgrade” means the complete replacement of the Software with a newer version of the same
branded Software, that may include but is not limited to: error corrections, modifications,
removal/replacement of tools and features, compatibility improvements, new tools and features,
additions and/or enhancements to the Software (e.g. V1.0 of the Software will be replaced with
V2.0 of the Software, with V2.0 an upgrade from V1.0, with V2.0 subsequently followed by V3.0
and so on and so forth. Note, update increments may not necessarily be in values of 1);

“USB Drive” or “USB Flash Disc/Drive” means Hard disc drive for the purposes of this
Agreement (see above);

“Use” means the opening and/or installation (loading) of the Software with an Operating
System and its manipulation and/or exploitation on a computer or device by a user;

“User” means the individual or legal entity that is licensed to use the Software or has effective
control of the Software;

“Valid Credit Card” means credit card for the purposes of this Agreement (see above);

“Version” means the numeric or alphanumeric value given to the Software license as each
subsequent edition is released for sale by Future Corporation or its Affiliates at their absolute
discretion and from time to time;

“Volume License” means either (i) a Site License granted in single licenses, or (ii) a License
Pack usually granted in multiples of five (5) five licenses, or (iii) License Seats usually granted in
multiples of one hundred (100) licenses;

“Written notice” means any method of delivering written advice to the recipient including but
not limited to (i) email, (ii) facsimile, (iii) post, (iv) courier, or (v) hand delivery and as long as the
written notice is delivered to the ordinary or registered address of the recipient it does not
require third party or independent verification to effect legal notification;

“Year” or “Years” means consecutive calendar years and does not exclude weekend days, or
any: public, bank and government sanctioned public holidays within such year or years;

2. SOFTWARE LICENSE: THE SOFTWARE IS LICENSED, NOT SOLD. YOU HEREBY


ACKNOWLEDGE AND AGREE WITH FUTURE CORPORATION, ITS AFFILIATES AND/OR
AUTHORIZED DEALERS THAT THIS LICENSE AGREEMENT ONLY GIVES YOU SOME
RIGHTS TO USE THE SOFTWARE AND MAY BE LIMITED BY TIME AS SET OUT IN THE
SOFTWARE'S DOCUMENTATION AND/OR MATERIALS. FUTURE CORPORATION, ITS
AFFILIATES, AND ITS SUPPLIERS RESERVE ALL OTHER RIGHTS. NOTWITHSTANDING
THIS LIMITATION AND UNLESS APPLICABLE LAW GIVES YOU MORE RIGHTS, YOU MAY
ONLY USE THE SOFTWARE AS EXPRESSLY PERMITTED IN THIS AGREEMENT;

2.1 GRANT OF LICENSE: IF YOU OBTAINED THE SOFTWARE FROM FUTURE


CORPORATION, ONE OF ITS AFFILIATES OR ONE OF ITS AUTHORIZED DEALERS AND
AS LONG AS YOU COMPLY WITH THE TERMS OF THIS LICENSE AGREEMENT, FUTURE
CORPORATION GRANTS YOU A NONEXCLUSIVE LICENSE TO USE THE SOFTWARE IN
THE MANNER AND FOR THE PURPOSES DESCRIBED IN THE SOFTWARE’S
DOCUMENTATION AND/OR MATERIALS AND IN THIS LICENSE AGREEMENT AS FURTHER
SET FORTH BELOW;

2.1.1 GENERAL USE: You may install and use one (1) copy of the Software on one (1)
computer; or (if applicable);

2.1.2 VOLUME USE: You may install and use one (1) copy of the Software on one (1) computer
up to the Permitted Number of your compatible Computers under a valid Volume License
Agreement with Future Corporation, its Affiliates, and/or its Authorized Dealers; or,

2.1.3 SERVER DEPLOYMENT: You may install the Permitted Number of copies of the Software
on the Permitted Number of Computer file server(s) within your Internal Network for the purpose
of downloading and installing the Software on up to the Permitted Number of Computers within
the same Internal Network;

2.1.4 HOME USE RIGHTS USER: You must qualify as a “Home Use Rights User” to use Future
Corporation Software with “Home Use Rights” as listed in the Software’s documentation. To
qualify as a “Home Use Rights User”, you must be both (i) an employee of an organization that
has a Future Corporation Volume License Agreement with Home Use Rights; and (ii) the user of
a Licensed copy of the Software, or a product that includes the Software, with Home Use
Rights;

2.1.5 BACKUP COPY: You may make up to two (2) backup copies of the Software, provided
your backup copies are not installed or used for anything other than archival purposes;

2.1.6 TAXES AND CHARGES: You acknowledge and agree with Future Corporation, its
Affiliates, and/or its Authorized Dealers that you are responsible for any and all tariffs, custom
charges and duty taxes, value added taxes, goods and services taxes, and sales taxes payable
in connection with this License Agreement;

2.1.7 CREDIT-CARD CHARGE BACK: NOTWITHSTANDING ANY WARRANTY CLAIM OR


BREACH OF THIS AGREEMENT YOU HEREBY ACKNOWLEDGE AND AGREE WITH
FUTURE CORPORATION, ITS AFFILIATES AND/OR ITS AUTHORIZED DEALERS THAT IF
YOU PAID FOR THIS LICENSE WITH A CREDIT-CARD AND HAVE INSTALLED THE
SOFTWARE OR OTHERWISE EXECUTED THIS AGREEMENT AND THE 14 (FOURTEEN)
DAY MONEY-BACK GUARANTEE (AS SET FORTH IN III. ABOVE) HAS EXPIRED AND YOU
INITIATE A CHARGE-BACK FOR SUCH CREDIT-CARD PAYMENT WITH YOUR BANK OR
CARD ISSUER, THAT THIS IS A VIOLATION AND MATERIAL BREACH OF THIS
AGREEMENT AND MAY RESULT IN THE AUTOMATIC AND IMMEDIATE TERMINATION OF
YOUR LICENSE TO USE THE SOFTWARE AND FUTURE CORPORATION, ITS AFFILIATES
AND/OR ITS AUTHORIZED DEALERS SHALL BE ENTITLED TO (I) REJECTING YOUR
APPLICATION WITH YOUR BANK OR CARD ISSUER, AND SHOULD SUCH REJECTION BE
REFUSED BY YOUR BANK OR CARD ISSUER; (II) TAKE SUCH ACTION AS FUTURE
CORPORATION, ITS AFFILIATES AND/OR ITS AUTHORIZED DEALERS SEE FIT,
INCLUDING IMMEDIATELY BLOCKING ACCESS TO ONLINE SERVICES, REMOTELY
DEACTIVATING OR DEREGISTERING THE SOFTWARE AND/OR REFUSAL TO PERMIT
FURTHER ACTIVATIONS OR REGISTRATIONS AND PERMANENTLY TERMINATING YOUR
ACCOUNT WITH FUTURE CORPORATION, ITS AFFILIATES AND/OR ITS AUTHORIZED
DEALERS, DISCLOSING SUCH INFORMATION (INCLUDING YOUR IDENTITY) TO
RELEVANT AUTHORITIES AND/OR ANY PERSON OR ENTITY THAT HAS THE LEGAL
RIGHT TO SUCH INFORMATION, AND/OR TAKING LEGAL ACTION AGAINST YOU TO
RECOVER ANY AND ALL LOSSES INCURRED BY FUTURE CORPORATION;
2.2 INTELLECTUAL PROPERTY OWNERSHIP: THE SOFTWARE AND ANY AUTHORIZED
COPIES THAT YOU MAKE ARE THE INTELLECTUAL PROPERTY OF AND ARE OWNED BY
FUTURE CORPORATION AND ITS SUPPLIERS. THE ALGORITHMS, DESIGNS, METHODS,
LAYOUTS, ORGANIZATION, STRUCTURE AND UNDERLYING TECHNOLOGIES OF AND
WITHIN THE CODE OF THE SOFTWARE ARE THE VALUABLE TRADE SECRETS AND
STRICTLY CONFIDENTIAL INFORMATION AND PROPERTY OF FUTURE CORPORATION
AND/OR ITS SUPPLIERS. EXCEPT AS EXPRESSLY STATED HEREIN, THIS AGREEMENT
DOES NOT GRANT YOU ANY INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE,
ITS COMPONENTS, THE CONTENT FILES OR SOFTWARE DEVELOPMENT KITS AND ALL
RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY FUTURE CORPORATION AND
ITS SUPPLIERS;

2.2.1 COPYRIGHT: THE SOFTWARE AND ITS INTERFACE (INCLUDING BUT NOT LIMITED
TO CONTENT FILES, CURSORS, ICONS, IMAGES, MODULE NAMES, MARKS AND
TRADEMARKS) IS PROTECTED BY LAW, INCLUDING BUT NOT LIMITED TO THE
COPYRIGHT LAWS OF AUSTRALIA, CANADA, INDIA, MEMBER COUNTRIES OF THE
EUROPEAN UNION, NEW ZEALAND, THE UNITED KINGDOM, THE UNITED STATES AND
OTHER COUNTRIES, AND BY INTERNATIONAL TREATY PROVISIONS. EXCEPT AS
EXPRESSLY STATED HEREIN, THIS AGREEMENT DOES NOT GRANT YOU ANY
COPYRIGHT, DESIGN, OR TRADEMARK RIGHTS IN THE SOFTWARE, ITS COMPONENTS,
THE CONTENT FILES OR SOFTWARE DEVELOPMENT KITS AND ALL RIGHTS NOT
EXPRESSLY GRANTED HEREIN ARE RESERVED BY FUTURE CORPORATION AND/OR
ITS SUPPLIERS;

2.3 SOFTWARE PROTECTION MEASURES (ACTIVATION/REGISTRATION): You hereby


acknowledge that the Software may require Activation and/or Registration and/or the presence
of a Hardware Security Device in order for it to become fully functional (referred collectively
herein as “Software Protection Measures”) and except as expressly limited by applicable law,
you agree with Future Corporation, its Affiliates, and/or its Authorized Dealers that: (i) if the
Software requires mandatory Activation, your License and ability to use the Software is
contingent upon your having access to the Internet and successfully completing the activation
process and providing Future Corporation with accurate information as required by this process;
and/or, (ii) if the Software requires mandatory Registration, your License and ability to use the
Software is contingent your having access to the Internet and upon you successfully completing
the registration process and providing Future Corporation with accurate information as required
by this process; and/or, (iii) if the Software requires a Hardware Security Device to enable
certain functionality, your License and ability to use the Software is contingent upon the
continuous presence of this hardware security device in your computer as described in the
Software’s documentation (typically through its Parallel, Serial or USB communications port).
You further agree with Future Corporation to make such communications port available on your
computer, install and configure it for the hardware device at your own cost with any accidental,
intentional or consequential damage or loss to the hardware device and/or your computer and
any other device through its use is assumed by you and you agree to indemnify, hold harmless
and defend Future Corporation from and against any loss, damage, claims or lawsuits, including
legal fees (on an attorney/solicitor and own client basis) that arise or result from such use; and,
(iv) you acknowledge and agree that Future Corporation, its Affiliates, and/or its Authorized
Dealers will require your computer to communicate with it and/or a third party via the Internet or
other telecommunications process to confirm and/or verify the accuracy and/or authenticity of
the Activation, Registration process and/or Hardware Security Device; and, (v) Future
Corporation may provide you with product and marketing information regarding the Software
and other Future Corporation, and Future Corporation third party marketing partners’ products
and services while you are using the Software; and (vi) you hereby acknowledge and agree that
it is your sole responsibility to at all times keep your Customer and/or Product Serial Number(s)
and/or any other similar or related number(s) safe from partial or complete loss, and/or
unauthorised use or misuse by another or third party and that Future Corporation, its Affiliates,
and/or its Authorized Dealers shall not be obliged or held responsible for maintaining and/or
recording such numbers on your, another or third party's behalf or liable for their complete or
partial loss howsoever caused;

2.3.1 LICENSE ACCESS AND VALIDATION: You hereby acknowledge and consent to Future
Corporation: (i) monitoring your use of the Software; and, (ii) authenticating and periodically
relicensing and/or verifying your licensing rights in the software (referred collectively herein as
“Validation”); and, (iii) collecting, transmitting, using, and sharing with Future Corporation’s third
party marketing partners, data relating to you and your use of the Software for advertising,
marketing, operational and other purposes; and, (iv) accessing, utilizing and altering the existing
functionality, including any default settings, of the computer system on which you use the
Software; and, (v) receiving messages from Future Corporation from within the Software and its
third party marketing partners; and, (vi) you agree to be responsible for your Internet service
provider fees, telecommunications and all other charges that may apply as a result of the
Software undertaking the abovementioned License Validation and communications as is
necessary from time to time. If, for any reason, you fail to activate or insert and maintain the
presence of the hardware security device or register the Software which requires mandatory
registration within the period of time specified in the Software and/or its documentation, you will
be unable to use the Software and your License to use the software shall be suspended (at your
cost) until such time as you complete the activation, relicensing or related process or insert,
install and configure the hardware security device and/or complete the registration process;

2.3.2 MANDATORY RELICENSING: YOU HEREBY ACKNOWLEDGE AND AGREE WITH


FUTURE CORPORATION, ITS AFFILIATES, AND/OR ITS AUTHORIZED DEALERS THAT THE
SOFTWARE WILL CEASE TO FUNCTION UNRESTRICTED (LICENSED) UNLESS YOU
PERIODICALLY RELICENSE THE SOFTWARE AS SET OUT AND REQUIRED UNDER (I)
THIS LICENSE, AND/OR (II) THE LICENSE MANAGEMENT REGIME, AND/OR (III)
ACCORDING TO THE LICENSE TYPE AS SET FORTH IN THE SOFTWARE'S
DOCUMENTATION AND/OR MATERIALS. YOU FURTHER AGREE WITH FUTURE
CORPORATION, ITS AFFILIATES, AND/OR ITS AUTHORIZED DEALERS THAT IT IS YOUR
SOLE RESPONSIBILITY AND SHALL BE ENTIRELY AT YOUR OWN COST TO COMPLETE
THE SOFTWARE LICENSE RENEWAL ON YOUR LICENSED COMPUTER(S) AND THAT
NEITHER FUTURE CORPORATION, ITS AFFILIATES, AND/OR ITS AUTHORIZED DEALERS
SHALL BE HELD (I) LIABLE, OR (II) RESPONSIBLE, AND/OR (III) DEEMED IN DEFAULT OF
THIS AGREEMENT BY YOU, ANOTHER OR THIRD PARTY FOR ANY FAILURE OR DELAY
BY YOU TO RENEW YOUR SOFTWARE LICENSE OR ANY COMPLETE OR PARTIAL LOSS
OF ANY NUMBERS OR HARDWARE DEVICES REQUIRED TO COMPLETE THIS PROCESS;

2.3.2.1 MANDATORY INTERNET ACCESS: PURSUANT TO SECTION 2.3 ABOVE AND


WHERE THE SOFTWARE REQUIRES ACTIVATION AND EITHER DIRECT OR INDIRECT
INTERNET ACCESS TO BECOME FULLY FUNCTIONAL YOU HEREBY ACKNOWLEDGE
AND AGREE WITH FUTURE CORPORATION THAT YOU SHALL HAVE, PROCURE AND/OR
OTHERWISE AND HOWSOEVER OBTAIN INTERNET ACCESS IN ORDER TO FULFILL
YOUR OBLIGATIONS UNDER THE TERMS OF THIS LICENSE AGREEMENT TO PROPERLY
COMPLETE THE ACTIVATION PROCESS AND YOU FURTHER AGREE THAT YOU SHALL
PROVIDE THE MINIMUM INFORMATION AS IS REQUIRED BY THE ACTIVATION PROCESS
INCLUDING BUT NOT LIMITED TO A VALID EMAIL ADDRESS;
2.3.2.2 INTERRUPTION OF ONLINE AND/OR TELECOMMUNICATIONS SERVICES:
NEITHER FUTURE CORPORATION, ITS AFFILIATES, AND/OR ITS AUTHORIZED DEALERS
SHALL BE HELD (I) LIABLE, OR (II) RESPONSIBLE, (III) AND/OR DEEMED IN DEFAULT OF
THIS AGREEMENT BY YOU, ANOTHER OR THIRD PARTY FOR ANY FAILURE OR DELAY
OR INTERRUPTION IN THE ONLINE SERVICES OR ANY FAILURE OF ANY HARDWARE
DEVICES, EQUIPMENT, SOFTWARE OR TELECOMMUNICATIONS RESULTING FROM ANY
CAUSE OR CIRCUMSTANCE BEYOND THE REASONABLE CONTROL OF FUTURE
CORPORATION, ITS AFFILIATES, AND/OR ITS AUTHORIZED DEALERS;

2.3.3 PRIVACY AND DATA COLLECTION: You hereby acknowledge and agree to allow Future
Corporation, its Affiliates, and/or its Authorized Dealers to store and use your contact
information, including names, telephone numbers, and email addresses, anywhere they do
business. Such information will be processed and used in connection with your License and our
business relationship, and may be provided to Future Corporation’s Affiliates, Contractors,
Partners, Suppliers, and/or its Authorized Dealers for uses consistent with their collective
business activities, including communicating with you;

2.3.4 NO CIRCUMVENTION: YOU HEREBY ACKNOWLEDGE AND AGREE WITH FUTURE


CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS
THAT ANY ATTEMPT (SUCCESSFUL OR UNSUCCESSFUL) BY YOU, OR A THIRD PARTY
AT YOUR DIRECTION OR REQUEST, TO CIRCUMVENT OR ACTUAL CIRCUMVENTION OF:
(I) THE ACTIVATION PROCESS AND/OR ITS UNDERLYING AND SECRET TECHNOLOGY;
(II) THE HARDWARE SECURITY DEVICE AND/OR ITS UNDERLYING AND SECRET
TECHNOLOGY; OR (III) REGISTRATION PROCESS AND/OR ITS UNDERLYING AND
SECRET TECHNOLOGY; OR (IV) OTHER MECHANISM AND/OR PROTECTION
TECHNOLOGY CONTAINED WITHIN THE SOFTWARE, OR (V) AN ACTUAL DENIAL OR
ATTEMPT AT A DENIAL OF SERVICE AGAINST ANY FUTURE CORPORATION SERVERS
OR OFF-SITE SERVERS, OR (VI) MANDATORY LICENSE VALIDATION AND/OR
VERIFICATION ON A COMPUTER OR COMPUTERS IN YOUR POSSESSION OR CONTROL
FOR THE SOFTWARE OR RELATED FUTURE CORPORATION PRODUCT IS A VIOLATION
AND MATERIAL BREACH OF THIS LICENSE AND MAY RESULT IN THE AUTOMATIC AND
IMMEDIATE TERMINATION OF YOUR LICENSE TO USE THE SOFTWARE;

2.3.4.1 FUTURE CORPORATION REMEDY FOR BREACH: IN THE EVENT THAT FUTURE
CORPORATION, ITS AFFILIATES AND/OR ITS SUPPLIERS HAS EVIDENCE OR DEEMS (IN
ITS ABSOLUTE DISCRETION) THAT YOU HAVE CIRCUMVENTED OR ATTEMPTED TO
CIRCUMVENT THE SOFTWARE PROTECTION MEASURES SET FORTH IN SECTION 2.3.4
ABOVE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, FUTURE
CORPORATION, ITS AFFILIATES AND/OR ITS SUPPLIERS SHALL BE ENTITLED TO TAKE
SUCH ACTION AS THEY SEE FIT, INCLUDING ISSUING YOU A WRITTEN CEASE AND
DESIST DEMAND, IMMEDIATELY BLOCKING ACCESS TO ANY OR ALL ONLINE SERVICES,
REMOTELY DEACTIVATING OR DEREGISTERING THE SOFTWARE, AND/OR REFUSAL TO
PERMIT FURTHER ACTIVATIONS OR REGISTRATIONS AND TEMPORARILY OR
PERMANENTLY TERMINATING YOUR ACCOUNT WITH FUTURE CORPORATION, ITS
AFFILIATES AND/OR ITS AUTHORIZED DEALERS, DISCLOSING SUCH INFORMATION
(INCLUDING YOUR IDENTITY) TO RELEVANT AUTHORITIES AND/OR ANY PERSON OR
ENTITY THAT HAS THE LEGAL RIGHT TO SUCH INFORMATION, AND/OR TAKING LEGAL
ACTION AGAINST YOU TO RECOVER ANY AND ALL LOSSES INCURRED BY FUTURE
CORPORATION INCLUDING BUT NOT LIMITED TO APPLYING TO A COURT OF
COMPETENT JURISDICTION FOR URGENT INJUNCTIVE RELIEF WITHOUT THE NEED
FOR POSTING A BOND;
2.4 TRANSFER OF LICENSE

2.4.1 NO ASSIGNMENT OF LICENSE: You may not lease, rent, sell, sublicense, assign or
transfer your rights in this Software license, or authorize any part or component of the Software
to be copied onto another individual’s or legal entity’s computer except as expressly permitted
herein;

2.4.2 LICENSE TRANSFER TO THIRD PARTIES: You may, except for those restrictions in
section 2.4.3 below, permanently transfer all your rights under this License Agreement to
another or third party provided that: (a) you also transfer (i) this License Agreement; (ii) the
Software’s Serial or Product or Customer number(s), where applicable the Software’s media
including but not limited to discs and product documentation provided by Future Corporation, its
Affiliates, and/or its Authorized Dealers, and all other software or hardware bundled, packaged,
downloaded or preinstalled with the Software, including all copies, conversions, patches, service
packs, upgrades, updates and prior versions; and (iii) any and all Volume Licenses obtained
with, a part of or pertaining to this License; (b) you retain no copies, conversions, patches,
service packs, upgrades, updates and prior versions, including backups and copies stored on a
computer in your possession or control; and (c) the receiving party acknowledges and accepts
the terms and conditions of this License Agreement and any other terms and conditions under
which you purchased a valid License to or for the Software;

2.4.3 THIRD PARTY RESTRICTIONS: Notwithstanding section 2.4.2 above, you may not
transfer Academic, Education, Student and Teacher (Education Software), Beta, Pre-Release,
or Not For Resale (Beta Software), individual Volume Licenses (unless all such Volume
Licenses are wholly transferred pursuant to section 2.4.2 above), Demonstration, Evaluation,
Free-Trial, or Try-Out (Demonstration Software) copies or versions of the Software to another or
third party;

2.4.4 LICENSE TRANSFER BETWEEN COMPUTERS: As long as you deactivate or deregister


or entirely remove the copy of the Software from the computer the Software is licensed to, as
provided for in the Software, Future Corporation grants you permission to transfer this License
to another computer or device that is in your possession or control. HOWEVER, YOU HEREBY
ACKNOWLEDGE AND AGREE THAT IF FUTURE CORPORATION, OR THE SOFTWARE, OR
A THIRD PARTY UNDER SECTIONS 2.3, 2.3.1 AND 2.3.4 (ABOVE) DEEMS THAT AN
UNAUTHORIZED COPY OR COPIES OF FUTURE CORPORATION SOFTWARE ON A
COMPUTER OR COMPUTERS IS IN YOUR POSSESSION OR CONTROL AND YOU FAIL TO
DEACTIVATE OR DEREGISTER OR ENTIRELY REMOVE THE UNAUTHORIZED COPY OR
COPIES OF THE SOFTWARE AS DIRECTED BY FUTURE CORPORATION OR FAIL TO
PROVIDE A REASONABLE EXPLANATION WITH SUFFICIENT EVIDENCE AS TO THE
PARTICULAR CIRCUMSTANCES WITHIN FOURTEEN (14) DAYS OF SUCH NOTICE, WHICH
YOU FURTHER AGREE IS AT FUTURE CORPORATION’S ABSOLUTE DISCRETION TO
EITHER (I) ACCEPT; OR (II) REJECT, YOU WILL BE UNABLE TO USE THE SOFTWARE AND
YOUR LICENSE SHALL BE SUSPENDED UNTIL SUCH TIME AS YOU DEACTIVATE OR
DEREGISTER OR REMOVE THE UNAUTHORIZED COPY OR COPIES OF THE SOFTWARE
TO FUTURE CORPORATION’S SATISFACTION, THE DETERMINATION OF WHICH, YOU
AGREE IS AT FUTURE CORPORATION’S ABSOLUTE DISCRETION. FURTHER, YOU
AGREE WITH FUTURE CORPORATION THAT (I) ANY SPECIAL, CONSEQUENTIAL,
ECONOMIC, INCIDENTAL, OR INDIRECT DAMAGES; OR (II) LOST PROFITS, BUSINESS,
REVENUE, GOODWILL, OR ANTICIPATED SAVINGS; OR (III) CLAIMS OR LAWSUITS,
INCLUDING ATTORNEY’S/SOLICITOR’S FEES NOTWITHSTANDING ANY REASONABLE
AND MISTAKEN BELIEF OF FUTURE CORPORATION (WHICH SHALL NOT OF ITSELF
GIVE RISE TO ANY COUNTER-CLAIM BY YOU OR THIRD-PARTY), THAT ARISE OR
RESULT FROM YOUR FAILING TO DEACTIVATE OR DEREGISTER OR ENTIRELY REMOVE
AN UNAUTHORIZED OR ILLEGAL COPY OF FUTURE CORPORATION SOFTWARE ON A
COMPUTER OR COMPUTERS IN YOUR POSSESSION OR CONTROL, SO FAR AND TO
THE EXTENT APPLICABLE LAW ALLOWS, IS SOLELY ASSUMED BY YOU;

2.4.4.1 FUTURE CORPORATION REMEDY FOR BREACH: IN THE EVENT THAT FUTURE
CORPORATION, ITS AFFILIATES AND/OR ITS SUPPLIERS HAS EVIDENCE OR DEEMS (IN
ITS ABSOLUTE DISCRETION) THAT YOU HAVE AN UNAUTHORIZED OR ILLEGAL COPY
OF FUTURE CORPORATION SOFTWARE ON A COMPUTER OR COMPUTERS IN YOUR
POSSESSION OR CONTROL AS SET FORTH IN SECTION 2.4.4 ABOVE AND TO THE
EXTENT PERMITTED BY APPLICABLE LAW, FUTURE CORPORATION, ITS AFFILIATES
AND/OR ITS SUPPLIERS SHALL BE ENTITLED TO TAKE SUCH ACTION AS THEY SEE FIT,
INCLUDING ISSUING YOU A WRITTEN CEASE AND DESIST DEMAND, IMMEDIATELY
BLOCKING ACCESS TO ANY OR ALL ONLINE SERVICES, REMOTELY DEACTIVATING OR
DEREGISTERING THE SOFTWARE, AND/OR REFUSAL TO PERMIT FURTHER
ACTIVATIONS OR REGISTRATIONS AND TEMPORARILY OR PERMANENTLY
TERMINATING YOUR ACCOUNT WITH FUTURE CORPORATION, ITS AFFILIATES AND/OR
ITS AUTHORIZED DEALERS, DISCLOSING SUCH INFORMATION (INCLUDING YOUR
IDENTITY) TO RELEVANT AUTHORITIES AND/OR ANY PERSON OR ENTITY THAT HAS
THE LEGAL RIGHT TO SUCH INFORMATION, AND/OR TAKING LEGAL ACTION AGAINST
YOU TO RECOVER ANY AND ALL LOSSES INCURRED BY FUTURE CORPORATION
INCLUDING BUT NOT LIMITED TO APPLYING TO A COURT OF COMPETENT
JURISDICTION FOR URGENT INJUNCTIVE RELIEF WITHOUT THE NEED FOR POSTING A
BOND;

2.4.5 NOTICE OF TRANSFER: Pursuant to section 2.4.2 above and prior to a transfer to a third
party you acknowledge and agree with Future Corporation that Future Corporation requires you
and the receiving party to confirm in writing your compliance with this License Agreement and
any and all applicable addenda thereto, and to provide Future Corporation with the address and
contact details of the receiving party, and register as an end-user of the Software using the form
provided with the Software and/or at Future Corporation’s Internet site
http://www.iifuture.com/en/support_profile.html;

2.4.5.1 FAILURE TO NOTIFY: Pursuant to section 2.4.5 above where the licensee fails for any
reason to properly notify Future Corporation of a transfer of the License Agreement to a third
party or that party refuses to accept the terms and conditions of the License Agreement, that
third party shall have no use rights under the License Agreement until the registered licensee
fulfils their obligation under section 2.4.5 above, notwithstanding any payment or other
consideration that third party has made to the registered licensee, their liquidator or receiver;

2.4.6 LOST OR STOLEN: You acknowledge and agree that in the event the Software, its
media, the (i) serial, (ii) customer or product number, or (iii) the hardware security device and/or
its documentation is misplaced, stolen, damaged, destroyed or otherwise lost, Future
Corporation, its Affiliates, and/or its Authorized Dealers shall be under no obligation to you, legal
or otherwise, to replace the Software, its media or provide any replacement activation or
registration numbers or hardware security device at any discounted rate or amount, or in any
way make good your loss;

2.5 OUTPUT AND SAMPLE FILES

2.5.1 SAMPLE FILES: Unless stated otherwise in the Software’s documentation, which may
include specific rights and restrictions with respect to such materials, you may display, modify,
reproduce and distribute any of the Sample Files. However, unless you substantially modify the
Sample Files you may not advertise, distribute, pass-off or sell the Sample Files as your own
work or works;

2.5.2 OUTPUT FILES: Unless permitted by applicable law Output Files including any third party
File Formats (producible from the Software) and Fonts regardless of type or format (producible
from the Software) shall not be used in the production of defamatory, fraudulent, lewd, libellous,
obscene or pornographic material or any material that infringes upon any third party intellectual
property rights or in any otherwise unlawful manner. See important and further terms and
conditions that affect this paragraph in section 2.5.5 below;

2.5.3 USE OF COPYRIGHT AND TRADEMARKS: Unless it is an original work produced by


you or you are permitted by applicable law to import into the Software and/or design and/or
create using the Software you may not claim, disseminate and/or benefit from any intellectual
property rights including but not limited to any copyright and/or trademark rights in the Output
Files or derivative works thereof including any third party File Formats (producible from the
Software) and Fonts regardless of type or format (producible from the Software) without the
express permission from the lawful owner of such copyright material(s) or trademark(s) or
otherwise intellectual property owner(s). See important and further terms and conditions that
affect this paragraph in section 2.5.5 below;

2.5.4 SECURITY-1: INFORMATION RIGHTS AND USE MANAGEMENT: The Software may
contain a feature known as Security-1 or S1 that allows you to install the software onto highly
secured and/or secret networks, password protect the software from unauthorised access or
use and to create content that cannot be printed, copied, sent to, used, or otherwise modified by
another or third party without your permission and that may be encrypted using strong
encryption. YOU HEREBY REPRESENT AND WARRANT TO FUTURE CORPORATION THAT
YOU ARE LAWFULLY PERMITTED TO POSSESS AND USE SECURITY-1 WITH SUCH
ENCRYPTION CAPABILITIES WITHIN YOUR JURISDICTION AND WARRANT TO
INDEMNIFY FUTURE CORPORATION AGAINST ANY AND ALL CLAIMS OR DEMANDS
RESULTING FROM SUCH USE, POSSESSION OF, OR APPLICATION OF SECURITY-1 OR
S1 WHATSOEVER, AS FURTHER SET FORTH IN SECTION 2.5.5 BELOW;

2.5.5 INDEMNIFICATION: PURSUANT TO SECTIONS 2.5.2, 2.5.3 AND 2.5.4 ABOVE YOU
AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND FUTURE CORPORATION AND
OR ITS SUPPLIERS FROM AND AGAINST ANY LOSS, DAMAGE, CLAIMS OR LAWSUITS,
INCLUDING LEGAL FEES (ON AN ATTORNEY’S/SOLICITOR’S AND OWN CLIENT BASIS),
THAT ARISE OR RESULT FROM THE APPLICATION, USE OR DISTRIBUTION OF YOUR
OUTPUT FILES INCLUDING ANY THIRD PARTY FILE FORMATS (PRODUCIBLE FROM THE
SOFTWARE), FONTS REGARDLESS OF TYPE (PRODUCIBLE FROM THE SOFTWARE)
AND THE POSSESSION, IMPLEMENTATION AND USE OF SECURITY-1 OR S1;

2.5.6 IMPORT AND EXPORT RESTRICTIONS: Pursuant to this Agreement including but not
limited to any Output files or other materials created from or in conjunction with the Software
you hereby acknowledge and agree with Future Corporation, its Affiliates, and/or its Authorized
Dealers to comply with all applicable export and import and/or Customs laws and regulations
applicable to or within your jurisdiction;

2.5.7 WARNING: (1) FUTURE CORPORATION SOFTWARE AND GOODS ARE NOT
DESIGNED WITH COMPONENTS AND TESTING FOR A LEVEL OF RELIABILITY SUITABLE
FOR USE IN OR IN CONNECTION WITH NUCLEAR OR SCIENTIFIC OR LIKE FACILITIES
THAT INVOLVE HIGH-RISK AND/OR DANGEROUS ACTIVITIES, SURGICAL IMPLANTS OR
AS CRITICAL COMPONENTS IN ANY LIFE SUPPORT SYSTEMS WHOSE FAILURE TO
PERFORM CAN REASONABLY BE EXPECTED TO CAUSE SIGNIFICANT INJURY TO A
PERSON OR PERSONS AND/OR TO A POPULATION; AND (2) IN ANY APPLICATION,
INCLUDING THE ABOVE, RELIABILITY OF OPERATION OF FUTURE CORPORATION
SOFTWARE CAN BE IMPAIRED BY ADVERSE FACTORS, INCLUDING BUT NOT LIMITED
TO FLUCTUATIONS IN ELECTRICAL POWER SUPPLY, COMPUTER HARDWARE
MALFUNCTIONS, COMPUTER OPERATING SYSTEM SOFTWARE FITNESS, FITNESS OF
COMPILERS AND DEVELOPMENT SOFTWARE USED TO DEVELOP AN APPLICATION,
INSTALLATION ERRORS, SOFTWARE AND HARDWARE COMPATIBILITY PROBLEMS,
MALFUNCTIONS OR FAILURES OF ELECTRONIC MONITORING OR CONTROL DEVICES,
TRANSIENT FAILURES OF ELECTRONIC SYSTEMS (HARDWARE AND/OR SOFTWARE),
UNANTICIPATED USES OR MISUSES, OR ERRORS ON THE PART OF THE USER OR
APPLICATIONS DESIGNER (ADVERSE FACTORS SUCH AS THESE ARE HEREAFTER
COLLECTIVELY TERMED "SYSTEM FAILURES"). ANY APPLICATION WHERE A SYSTEM
FAILURE WOULD CREATE A RISK OF HARM TO PROPERTY OR PERSONS (INCLUDING
THE RISK OF BODILY INJURY AND DEATH) SHOULD NOT BE RELIANT SOLELY UPON
ONE FORM OF ELECTRONIC SYSTEM DUE TO THE RISK OF SYSTEM FAILURE. TO
AVOID DAMAGE, INJURY, OR DEATH, THE USER OR APPLICATION DESIGNER MUST
TAKE ALL REASONABLE STEPS TO PROTECT AGAINST SYSTEM FAILURES, INCLUDING
BUT NOT LIMITED TO BACK-UP OR SHUT DOWN MECHANISMS. BECAUSE EACH END-
USER SYSTEM IS CUSTOMIZED AND DIFFERS FROM FUTURE CORPORATION’S
TESTING PLATFORMS AND BECAUSE A USER OR APPLICATION DESIGNER MAY USE
FUTURE CORPORATION SOFTWARE AND/OR GOODS IN COMBINATION WITH OTHER
PRODUCTS IN A MANNER NOT EVALUATED OR CONTEMPLATED BY FUTURE
CORPORATION, THE USER OR APPLICATION DESIGNER IS ULTIMATELY RESPONSIBLE
FOR VERIFYING AND VALIDATING THE SUITABILITY OF FUTURE CORPORATION
SOFTWARE AND/OR GOODS WHENEVER SUCH SOFTWARE AND/OR GOODS ARE
INCORPORATED IN A SYSTEM OR APPLICATION, INCLUDING, WITHOUT LIMITATION,
THE APPROPRIATE DESIGN, PROCESS AND SAFETY LEVEL OF SUCH SYSTEM OR
APPLICATION;

2.6 NEW SOFTWARE: UPDATES AND UPGRADES

2.6.1 UPDATES AND UPGRADES: You acknowledge that Future Corporation may, but is under
no obligation to, from time to time provide you with additional features, functions, patches,
service packs, updates or other similar files related to the Software (referred collectively herein
as “Updates”). In addition to Updates you acknowledge that Future Corporation may, but is
under no obligation to, produce additional plug-ins, snap-ins, and/or conversions, or other
similar files related to the Software available for you in the form of a version upgrade to
purchase at your discretion, (referred collectively herein as “Upgrades”). You acknowledge and
agree that Future Corporation need not provide you with advance notice of any such Updates
and/or Upgrades;

2.6.2 MANDATORY PREREQUISITE: To obtain and use an Update or Upgrade for the
Software, you must first be Licensed to use the Software that is eligible for an Update or
Upgrade and you acknowledge and agree with Future Corporation this License Agreement
takes the place of any prior License Agreement for the Software you obtained the Update or
Upgrade for which shall not be revoked or set back by removing or uninstalling such Update or
Upgrade;

2.6.3 LIVE UPDATE AND SERVICE PACKS: Pursuant to sections 2.6.1 and 2.6.2 above
Future Corporation provides Updates as an Internet-based service commonly referred to as
“Live Update” or a “Service Pack” for use with the Software. Except as otherwise noted in
materials accompanying these services and in the Software, Future Corporation may modify the
Live Update and/or Service Pack process/technology and/or change or cancel these services at
any time Future Corporation sees fit without notice. By using Live Update and/or Service Packs
to the extent allowed by applicable law, you consent to the transmission of this information and
you agree: (i) to be responsible for your Internet service provider fees, telecommunications and
all other charges that may apply as a result of using Live Update and/or Service Packs; and (ii)
all risk of damage to the Software during transmission and download is assumed by you. If you
do not agree with the above terms and conditions, do not use Live Update. Instead contact
Future Corporation, its Affiliate, and/or its Authorized Dealer in your region to order a disc based
version of Live Update with any associated costs thereof to be borne by you;

2.6.4 USE OF UPDATES AND UPGRADES: After you install Updates or Upgrades, you may
not continue to use any previous version of the Software you applied such Updates or Upgrades
to and acknowledge and agree with Future Corporation that (i) Updates or Upgrades and all
previous versions are installed on the same computer unless properly transferred pursuant to
section 2.4.4 above; and (ii) the previous versions or copies thereof are not assignable or
transferable to another or third party; and (iii) you acknowledge that any obligation Future
Corporation may have to support the previous version(s) may cease upon the availability of
Updates or installation of Upgrades; and (iv) No further use of the previous version(s) is
permitted after installation of Updates or Upgrades; and (v) Future Corporation may reissue you
with another Product Serial Number and/or Hardware device and deactivate your existing
Product Serial Number; and (vi) Updates and Upgrades may be licensed to you by Future
Corporation with additional terms and conditions in addenda to this License Agreement;

2.6.4.1 RESALE OF PREVIOUS OR EARLIER SOFTWARE LICENSE(S): Pursuant to section


2.6.4 above and to avoid any doubt you hereby agree and acknowledge with Future Corporation
that you are not permitted to and shall not sell, relicense, sublicense, assign or transfer any
previous or earlier software license that has been subsequently upgraded to a higher version by
you;

2.7 RESTRICTIONS

2.7.1 NOTICES: You may not copy and/or make copies of the Software except as set forth in
section 2.1.5 above. Any permitted copy of the Software that you make must contain the same
copyright and other proprietary Future Corporation notices that appear on or in the Software;

2.7.2 NO MODIFICATIONS: YOU MAY NOT (I) MODIFY, ADAPT OR TRANSLATE THE
SOFTWARE, (II) DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE
ATTEMPT TO DISCOVER THE SOURCE CODE OF THE SOFTWARE, (III) MODIFY THE
SOFTWARE OR MERGE ALL OR ANY PART OF THE SOFTWARE WITH ANOTHER
PRODUCT OR PROGRAM, (IV) IF APPLICABLE, ATTEMPT TO, OR CIRCUMVENT THE
ACTIVATION AND/OR THE REGISTRATION MECHANISMS, AND/OR THE HARDWARE
SECURITY DEVICE, EXCEPT AS PERMITTED IN SECTIONS 7.5.1 THROUGH 7.5.12 AND
TO THE EXTENT YOU MAY BE EXPRESSLY PERMITTED UNDER APPLICABLE LAW TO
DECOMPILE ONLY IN ORDER TO ACHIEVE INTEROPERABILITY WITH THE SOFTWARE;

2.7.3 NO UNBUNDLING: The Software may include various applications, components,


modules, other software titles, plug-ins, snap-ins, and utilities and may be provided to you on
multiple and various media or in multiple copies. Notwithstanding this, the Software is produced
and intended to be used as a single product on a single computer or up to your Permitted
Number of compatible Computers under a valid Volume License Agreement with Future
Corporation, its Affiliates, and/or its Authorized Dealers. You are not required to use or install all
parts of the Software, however, you may not unbundle any part of the Software for use on
different computers. You may not unbundle and/or repackage the Software for distribution,
transfer or resale to another or third party;

2.8 LIMITED WARRANTY: FUTURE CORPORATION WARRANTS TO THE INDIVIDUAL OR


LEGAL ENTITY THAT FIRST PURCHASES A LICENSE FOR THE SOFTWARE FOR USE
PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT THAT THE SOFTWARE WILL
PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE SOFTWARE’S PUBLISHED
FUNCTIONALITY AND WILL BE FREE FROM DEFECT IN MATERIALS AND WORKMANSHIP
FOR NINETY (90) DAYS FROM THE DATE OF PURCHASE ONLY WHEN USED WITH THE
RECOMMENDED OPERATING SYSTEM AND HARDWARE CONFIGURATION FOR THE
SOFTWARE AS SET OUT IN THE SOFTWARE’S DOCUMENTATION AND/OR AT FUTURE
CORPORATION’S INTERNET SITE;

2.8.1 EXCLUSIONS FROM WARRANTY: THIS LIMITED WARRANTY DOES NOT APPLY TO:
BETA, DEMONSTRATION, EVALUATION, FREE-TRIAL, PRE-RELEASE, PRODUCT
SAMPLER, TRY-OUT, SDK, USED (SECOND-HAND), OR NOT FOR RESALE VERSIONS OF
THE SOFTWARE OR FUTURE CORPORATION ONLINE SERVICES, FUTURE
CORPORATION TECHNICAL SUPPORT OR HELP, FUTURE CORPORATION LIVE UPDATE,
FUTURE CORPORATION INTERNET SITES, THE SOFTWARE’S INTERACTIVE AGENTS OR
ANY OTHER RELATED FUTURE CORPORATION PRODUCT OR SERVICE. THIS
WARRANTY DOES NOT COVER PROBLEMS CAUSED BY: (A) YOUR ACTS OR OMISSIONS
(FAILURES TO ACT); AND/OR (B) THE ACTS OF OTHERS (INCLUDING THIRD PARTIES);
AND/OR (C) MALICIOUS SOFTWARE (INCLUDING BUT NOT LIMITED TO MALWARE,
TROJANS, VIRUSES OR WORMS); AND/OR (D) INCORRECTLY OR IMPROPERLY
CONFIGURED THIRD PARTY SOFTWARE (INCLUDING BUT NOT LIMITED TO THE
OPERATING SYSTEM, ANTIVIRUS AND/OR ANY INTERNAL OR EXTERNAL NETWORK);
AND/OR (E) EVENTS BEYOND FUTURE CORPORATION’S REASONABLE CONTROL.
FURTHER YOU HEREBY ACKNOWLEDGE AND AGREE THAT INSUBSTANTIAL OR MINOR
VARIATION OF PERFORMANCE FROM THE SOFTWARE’S PUBLISHED FUNCTIONALITY
OR YOUR INABILITY TO CORRECTLY USE THE SOFTWARE OR OPERATING SYSTEM
(COMPUTER ILLITERACY) DOES NOT ON ITS OWN ESTABLISH A WARRANTY RIGHT;

2.8.2 REMEDY FOR BREACH OF WARRANTY: FUTURE CORPORATION WILL REPAIR OR


REPLACE THE SOFTWARE AT NO CHARGE. IF FUTURE CORPORATION CANNOT REPAIR
OR REPLACE IT, FUTURE CORPORATION WILL REFUND THE AMOUNT SHOWN ON
YOUR RECEIPT FOR THE SOFTWARE. FUTURE CORPORATION WILL ALSO REPAIR OR
REPLACE PATCHES, SERVICE PACKS, UPDATES, UPGRADES AND CONVERSION
SOFTWARE AT NO CHARGE. IF FUTURE CORPORATION CANNOT REPAIR OR REPLACE
THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST
UNINSTALL AND WHERE APPLICABLE DEACTIVATE AND/OR DEREGISTER THE
SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS INCLUDING
THE HARDWARE SECURITY DEVICE (IF APPLICABLE) TO FUTURE CORPORATION WITH
PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR
BREACH OF THE LIMITED WARRANTY;

2.8.3 CONSUMER RIGHTS NOT AFFECTED: YOU MAY HAVE ADDITIONAL CONSUMER
RIGHTS UNDER YOUR JURISDICTION, WHICH THIS AGREEMENT CANNOT CHANGE,
SEE SECTION 8 FOR SPECIFIC PROVISIONS RELATED TO OTHER JURISDICTIONS
WHICH MAY BE APPLICABLE TO YOU;
2.8.4 WARRANTY PROCEDURES: ALL WARRANTY CLAIMS MUST BE MADE, ALONG WITH
PROOF OF PURCHASE, TO THE FUTURE CORPORATION CUSTOMER SUPPORT
DEPARTMENT WITHIN THE NINETY (90) DAY PERIOD. VISIT FUTURE CORPORATION
FOR MORE INFORMATION ABOUT WARRANTY CLAIMS AT:
http://www.iifuture.com/en/support.html;

2.9 DISCLAIMER: THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY


MADE BY FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS
AUTHORIZED DEALERS AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR
FUTURE CORPORATION, ITS AFFILIATES’, ITS SUPPLIERS’ AND/OR ITS AUTHORIZED
DEALERS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY
AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT
TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW
APPLICABLE TO YOU IN YOUR JURISDICTION, THE SOFTWARE IS PROVIDED ON AN AS-
IS BASIS, WITHOUT ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS OR
TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, COURSE OF
DEALING, CUSTOM, EQUITY, USAGE, OR UNDER ANY THEORY OF LAW, OR OTHERWISE
AS TO ANY MATTER, INCLUDING, BUT NOT LIMITED TO PERFORMANCE, SECURITY,
WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, QUIET
ENJOYMENT, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. FUTURE CORPORATION, ITS AFFILIATES,
ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS DO NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS
ASSUMED BY YOU. WHERE ANY NON-EXCLUDABLE TERMS ARE IMPLIED INTO THIS
LICENSE BY OPERATION OF LAW, TO THE EXTENT PERMISSIBLE BY LAW, FUTURE
CORPORATION LIMITS ITS LIABILITY TO, AT ITS ABSOLUTE DISCRETION, THE REPAIR
OR REPLACEMENT OF THE GOODS, THE RE-SUPPLY OF EQUIVALENT GOODS, OR THE
COST THEREOF. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME
JURISDICTIONS, SEE SECTION 8 FOR SPECIFIC PROVISIONS RELATED TO OTHER
JURISDICTIONS WHICH MAY BE APPLICABLE TO YOU;

2.10 LIMITATION OF LIABILITY: EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH
ABOVE, IN NO EVENT WILL FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS
AND/OR ITS AUTHORIZED DEALERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES,
CLAIMS OR COSTS WHATSOEVER INCLUDING ANY SPECIAL, CONSEQUENTIAL,
INDIRECT, ECONOMIC OR INCIDENTAL DAMAGES, LOST TIME, LOST PROFITS OR LOST
SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, LOST DATA, OR
TO BUSINESS AND/OR PERSONAL REPUTATION, PERSONAL INJURY (INCLUDING
DEATH) OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY
ARISING FROM THIS AGREEMENT, EVEN IF FUTURE CORPORATION, ITS AFFILIATES,
ITS SUPPLIERS AND/OR AUTHORIZED DEALERS AND/OR A FUTURE CORPORATION
REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY
TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. FUTURE
CORPORATION’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, ITS SUPPLIERS
AND/OR ITS AUTHORIZED DEALERS UNDER OR IN CONNECTION WITH THIS
AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THIS LICENSE, IF ANY. THIS
LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL, MATERIAL OR
SERIOUS BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS
AGREEMENT. FUTURE CORPORATION IS ACTING ON BEHALF OF ITS AFFILIATES, ITS
SUPPLIERS AND/OR ITS AUTHORIZED DEALERS FOR THE PURPOSE OF DISCLAIMING,
EXCLUDING AND LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY WITH RESPECT
TO THIS LICENSE ONLY AND FOR NO OTHER PURPOSE OR RESPECT. THIS LIMITATION
OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS, SEE SECTION 8 FOR
SPECIFIC PROVISIONS RELATED TO OTHER JURISDICTIONS WHICH MAY BE
APPLICABLE TO YOU;

2.11 LIMITED INDEMNITY AGAINST INFRINGEMENT

2.11.1 WITHIN AUSTRALIAN JURISDICTION: Excluding all content files Future Corporation
shall, at its own expense, defend any litigation resulting from licensing of the Software to the
extent that such litigation alleges that the Software or any part thereof infringes any Australian
patent, copyright, or trademark, provided (i) that such claim does not arise from the use of the
Software in combination with equipment or devices not manufactured by Future Corporation or
from modification of the Software; and (ii) such allegation is not frivolous, vexatious and/or has
doubtful or no legal merit; and (iii) further provided that you notify Future Corporation by
registered mail within fourteen (14) days upon your obtaining notice of such claim or impending
court hearing and cooperate fully with Future Corporation in preparing a defence. If (i) you
provide to Future Corporation the authority, assistance, and information Future Corporation
needs to defend or settle such claim; and (ii) you have not intentionally, knowingly or otherwise
with constructive knowledge used or applied the Software in any way to infringe another or third
party's rights and/or intellectual property; and (iii) you have not used the Software in any way
contrary to law; and (iv) you have not in any way acted in bad faith and/or remained wilfully blind
to any unlawful conduct or behaviour pursuant to this section. Future Corporation will pay any
final award of damages in such suit and any reasonable expenses you incur at Future
Corporation’s written request, but Future Corporation shall not be liable for a settlement made
without its prior written consent. If the Software is held by a court of competent jurisdiction to be
infringing and the use thereof is enjoined, Future Corporation shall, at its option and absolute
discretion, either: (i) procure for you the right to use the Software; or (ii) replace the Software
with other Software which does not constitute infringement; or (iii) remove the infringing
Software and refund the payment(s) or fees made thereupon by you. THE FOREGOING
STATES YOUR SOLE REMEDY FOR, AND FUTURE CORPORATION’S ENTIRE LIABILITY
AND RESPONSIBILITY FOR, INFRINGEMENT OF ANY PATENT, TRADEMARK, OR
COPYRIGHT WITHIN AUSTRALIAN JURISDICTION RELATING TO THE SOFTWARE
PROVIDED HEREUNDER TO YOU. THIS LIMITED INDEMNITY IS IN LIEU OF ANY OTHER
STATUTORY OR IMPLIED WARRANTY AGAINST INFRINGEMENT;

2.11.2 OUTSIDE AUSTRALIAN JURISDICTION: Excluding all content files and while Future
Corporation takes all reasonable steps to ensure that its Software does not infringe any patent,
copyright, trademark or like Intellectual property outside Australian jurisdiction (collectively in
this section "Intellectual Property") Future Corporation cannot guarantee that its Software does
not infringe any Intellectual Property beyond its reasonable knowledge and to the extent
permitted by law you shall assume all risk and liability when importing Future Corporation
Software into your jurisdiction and hereby warrant to Future Corporation that you shall not
import such Software in the knowledge (actual or constructive) of any such infringement of any
third party's Intellectual Property and you acknowledge that such importation shall be in material
breach of this License. However, where Future Corporation Software has been imported
innocently into your jurisdiction, by you or the Authorized Dealer that you purchased a License
from, that on sound legal theory (corroborated by at least two independent legal practitioners of
that jurisdiction) procured at your cost, that in their professional opinion may or does infringe
another or third party's Intellectual Property and you advise Future Corporation by registered
mail within thirty (30) days of becoming aware of such potential infringement and provided (i)
you have not intentionally, knowingly or otherwise with constructive knowledge used or applied
the Software in any way to infringe another or third party's rights and/or Intellectual Property;
and (ii) you have not used the Software in any way contrary to law; and (iii) you have not in any
way acted in bad faith and/or remained wilfully blind to any unlawful conduct or behaviour
pursuant to this section. Future Corporation shall, at its option and absolute discretion, either: (i)
procure for you the right to use the Software; or (ii) replace the Software with other Software
which does not constitute infringement; or (iii) remove the infringing Software and refund the
payment(s) or fees made thereupon by you. THE FOREGOING STATES YOUR SOLE
REMEDY FOR, AND FUTURE CORPORATION’S ENTIRE LIABILITY AND RESPONSIBILITY
FOR, INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
OUTSIDE AUSTRALIAN JURISDICTION RELATING TO THE SOFTWARE THAT HAS BEEN
IMPORTED, BY OR PROVIDED HEREUNDER TO, YOU. THIS LIMITED INDEMNITY IS IN
LIEU OF ANY OTHER STATUTORY OR IMPLIED WARRANTY AGAINST INFRINGEMENT;

2.11.3 CONTENT FILES: While Future Corporation takes all reasonable steps to ensure that
the content files, do not infringe any patent, copyright, trademark or like Intellectual Property
Future Corporation provides these files for demonstration and training purposes only and cannot
guarantee that the content files do not infringe any Intellectual Property and to the extent
permitted by law hereby disclaims any liability for the provision of the content files to you and/or
any use thereof and you shall assume all risk and liability when incorporating the content files
into any of your work(s) and/or output files. However, where you have incorporated the content
files into your work and/or output files and a third party claims the work is an infringement that
on sound legal theory (corroborated by at least two independent legal practitioners of that
jurisdiction) procured at your cost, that is likely to or does in their professional opinion infringe
that third party's Intellectual Property and you advise Future Corporation by registered mail
within thirty (30) days of becoming aware of such potential infringement and provided (i) you
have not intentionally, knowingly or otherwise with constructive knowledge used or incorporated
the content files in any way to infringe another or third party's rights and/or Intellectual Property;
and (ii) you have not used the content files in any way contrary to law; and (iii) you have not in
any way acted in bad faith and/or remained wilfully blind to any unlawful conduct or behaviour
pursuant to this section. Future Corporation shall, at its option and absolute discretion, either: (i)
procure for you the right to use the content file or files; or (ii) replace the content file or files
and/or the Software with other content files and/or Software (that Future Corporation in its
absolute discretion considers reasonably interchangeable) which does not constitute
infringement; or (iii) remove the infringing content file or files and (a) refund the payment(s) or
fees, if any, made thereupon by you for such content file or files or (b) to an amount of no more
than USD$50, whichever is the lesser of the two. THE FOREGOING STATES YOUR SOLE
REMEDY FOR, AND FUTURE CORPORATION’S ENTIRE LIABILITY AND RESPONSIBILITY
FOR, INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
RELATING TO THE CONTENT FILES THAT HAVE BEEN PROVIDED HEREUNDER TO, YOU.
THIS LIMITED INDEMNITY IS IN LIEU OF ANY OTHER STATUTORY OR IMPLIED
WARRANTY AGAINST INFRINGEMENT;

3. GENERAL PROVISIONS

3.1 COMPLIANCE WITH LICENSES: You acknowledge and agree that upon request from
Future Corporation, or the Affiliate or Authorized Dealer that you or the first user obtained this
License from that you will within a reasonable time but no more than thirty (30) days fully
document and certify that use of any and all Future Corporation software at the time of the
request is in conformity with your valid Licenses from Future Corporation;
3.2 RECORDS: You acknowledge and agree that any and all records pertaining and/or that are
related to the Software and/or your License, including but not limited to: (i) serial, product and/or
customer numbers; (ii) usernames and passwords; or (iii) information provided by you at the
time of obtaining this License (collectively “records”) are your sole responsibility to keep,
maintain and protect from any loss or damage and shall not be unreasonably withheld from
Future Corporation, or the Affiliate or the Authorized Dealer that sold or provided you with this
License upon request. Neither Future Corporation, its Affiliates, and/or its Authorized Dealers
shall be liable for any failure to provide you with, or permanent loss of such records should
these become lost, destroyed or misplaced but shall not be unreasonably withheld from you (if
available) upon request by you;

3.3 FORCE MAJEURE: Neither Future Corporation, its Affiliates, and/or its Authorized Dealers
shall be liable for any failure or delay in performing services or any other obligation under this
Agreement, nor for any damages suffered by you by reason of such failure or delay, which is,
indirectly or directly, caused by criminal acts, strike, riot, war, acts of terrorism, any natural
catastrophe or disaster, or any act of God, or any other cause beyond Future Corporation’s
reasonable control;

3.4 NO WAIVER: The waiver of, or failure to enforce, any breach or default by Future
Corporation, its Affiliates, and/or its Authorized Dealers against you herein, shall not constitute
the waiver of any other or subsequent or continuing breach or default by Future Corporation, its
Affiliates, and/or its Authorized Dealers against you;

3.5 CERTAIN TERMS SHALL SURVIVE: The provisions of sections: (a) I., 1.2, 2.2, 2.2.1,
2.3.4, 2.3.4.1, 2.4.4, 2.4.4.1, 2.5.1, 2.5.2, 2.5.3, 2.5.4, 2.5.5, 2.5.6, 2.5.7, 2.7.2, 2.7.3, 2.8, 2.8.1,
2.8.2, 2.9, 2.10, 2.11.3, 3.2, 3.4, 3.5, 3.6, 3.7, 3.7.1, 3.7.2, 4.1.1, 4.1.2, 4.1.3, 4.1.4, 4.2, 4.3,
6.3.1, 6.4; and (b) any section applicable to you therein: 7.2.4, 7.2.5, 7.3.2, 7.3.3, 7.5.6, 7.5.7,
7.5.8, 7.5.9, 7.5.10, 7.5.12; and (c) any section applicable to you therein of Part III; or (d) any
other like section of those found in (a) or (b), of this Agreement will survive the termination,
cancellation or rescission of this Agreement, howsoever caused, but this will not imply or create
any continued right to use the Software or any part thereof after such termination, cancellation
or rescission of this Agreement;

3.6 LIMITATION TO BRING AN ACTION: You acknowledge and agree that neither will Future
Corporation, its Affiliates, and/or its Authorized Dealers, or will you, bring a legal action under
this Agreement more than: (i) six (6) years after the cause of action in tort or breach of contract
arose; or (ii) more than three (3) years after the cause of action for personal injury arose; or (iii)
more than one (1) year after the cause of action for defamation arose as legislated in Victoria
under the Limitation of Actions Act. This limitation of liability may not be valid in some
jurisdictions and may not apply to you, see section 8 for specific provisions related to other
jurisdictions which may be applicable to you;

3.7 ENTIRE AGREEMENT: This License and any of the License terms in addenda applicable to
you as listed in this Agreement which define what you may do with the Software and contain
limitations on warranties and/or remedies is the entire Agreement between you and Future
Corporation, superseding any other or previous Agreement or discussions, representations or
advertising, oral or written, other than (i) a separate, valid, existing and applicable License
Agreement duly signed by a Supervisor or Manager of Future Corporation or one of its
authorized Affiliates; or (ii) a separate, valid, existing and applicable License Agreement for any
updated or subsequent version of the Software written and published exclusively by Future
Corporation that expressly appends to or wholly replaces this Agreement at such date; and (iii)
to the extent of their consistency with this License Agreement all those Terms and Conditions of
Sale and Use as set forth by Future Corporation at http://www.iifuture.com/corporate_legal.html.
To the extent of any inconsistency between this Agreement and any additional and/or
superseding Agreement the additional and/or superseding Agreement shall govern. This
Agreement does (i) not grant any concurrent right in the Software; and (ii) not apply to any
Software installed on a terminal server and/or a Future Corporation server based Hardware or
Software Product. A separate License Agreement must executed with Future Corporation to
obtain any additional rights. You further acknowledge that with respect to matters referring to or
relating to time, that time is of the essence of this Agreement;

3.7.1 SEVERABILITY: If and to the extent any provision of this Agreement is held illegal, invalid,
uncertain, or unenforceable in whole or in part under applicable law, such provision or such
portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, uncertain, or
unenforceable. To the extent of its illegality, invalidity, uncertainty, or unenforceability it shall be
deemed modified to the extent necessary to conform to applicable law so as to give the
maximum effect to the intent of the parties. The illegality, invalidity, uncertainty, or
unenforceability of such provision in that jurisdiction shall not in any way affect the legality,
validity, certainty, or enforceability of any other provision of this Agreement in any other
jurisdiction;

3.7.2 TERMINATION: Except for where expressly provided in this Agreement if any breach of
this License by you continues for more than thirty (30) days after receipt of written notice of such
breach by Future Corporation, Future Corporation may terminate this License by written notice
to you, whereupon this License and all rights granted to you herein shall immediately cease. In
the event of any conflict between the terms of this section and any express term requiring
immediate termination for breach of this License Agreement, the express terms of such other
section shall govern. You may terminate this License at any time by providing written notice to
Future Corporation. In the event of any termination of this License by you and except for III.
(above) you (i) acknowledge that such termination shall not entitle you, any other or third party
to any refund or credit from Future Corporation, its Affiliates and/or its Authorized Dealers; and
(ii) you shall: (i) promptly uninstall and where applicable deactivate and/or deregister the
Software; and (ii) return any media and other associated materials including the hardware
security device (if applicable) to Future Corporation or the place of purchase; and (iii) obtain a
receipt for such return as evidence of such termination of this License Agreement;

3.7.3 GENERAL INDEMNITY: You hereby agree that you shall indemnify and hold Future
Corporation, its Affiliates, its Suppliers and its Authorized Dealers harmless from and against
any and all claims, actions, suits, proceedings, costs, expenses, damages, liabilities, including
legal fees (on an attorney/solicitor and own client basis) arising out of, connected with, or
resulting from (i) your or (ii) your colleagues, employees, agents, delegates or family members
and/or any other or third party that you provide, facilitate or otherwise allow for the (a) improper
use or misuse; or (b) otherwise unlawful or unconscionable use of the Software whether
intentional or otherwise described herein;

4. GOVERNING LAW

4.1.1 AUSTRALIA: If you licensed the Software for use within Australia, Victorian state law
governs the interpretation of this Agreement and applies to any and all claims. Australian
Commonwealth law and the laws of your state or territory may govern other claims, including
claims under state consumer protection laws, unfair competition laws, and in tort.
Notwithstanding this, you acknowledge and agree with Future Corporation that any and all
claims by you shall be brought in the state of Victoria in any Melbourne court of competent
jurisdiction;
4.1.2 OUTSIDE AUSTRALIA: Notwithstanding where or from who you acquired this License for
the Software you acknowledge and agree with Future Corporation and its Affiliates that the
interpretation of this Agreement and any and all claims brought by you for any breach of this
Agreement, regardless of “conflict of laws” or “private international law” principles, shall be
brought under the exclusive jurisdiction of Victorian State, and only to the extent applicable
Australian Commonwealth law;

4.1.3 EXCLUSIONS: This License specifically excludes (i) that body of law applicable to choice
of law, and (ii) the United Nations Convention on Contracts for the International Sale of Goods
and any legislation implementing such Convention, if otherwise applicable;

4.1.4 LEGAL EFFECT: This agreement describes certain legal rights. You may have other rights
under the laws of your country or state, province, county or otherwise region where you live. You
may also have rights with respect to the party from whom you acquired this License. This
agreement does not change your rights under the laws of your country or state, province, county
or otherwise region where you live if the laws thereof do not permit it to do so, see section 8 for
specific provisions related to other jurisdictions which may be applicable to you;

4.2 TRANSLATION: The English version of this Agreement will be the version used when
interpreting or construing this Agreement. Any translation of this License Agreement into any
other languages shall be for convenience of reference only;

4.3 USE OF EXPERTS: Where a dispute about the applicability, functionality, authenticity,
suitability and/or of an otherwise technical nature with respect the Software has arisen between
the parties you acknowledge and agree with Future Corporation that any expert testimony relied
upon by either party in an attempt to resolve such dispute, shall have: (i) no less than ten (10)
years professional experience in computer graphics programming of: IBM compatible
computers; and (ii) be proficient in the Programming languages: (a) Delphi and (b) what is
commonly known as Machine code or Machine language; and (iii) a University or College
degree in Computer Science or its equivalent from a recognized institution in that field; or in lieu
of part (iii) where a candidate does not comply with this part, no less than fifteen (15) years
professional experience in computer graphics programming of: IBM compatible computers
(parts (i) and (ii) shall apply notwithstanding part (iii) compliance.);

5. TECHNICAL SUPPORT

5.1 TECHNICAL SUPPORT: Future Corporation and its Affiliates agree to provide a reasonable
amount of technical support to you for: (i) the term of the License period; or (ii) until such time as
Future Corporation or its Affiliates discontinue any version of the Software (Product Life); or (iii)
2 (two) years from the date of purchase; or (iv) whichever of (i), (ii) or (iii) occurs first
notwithstanding anything to the contrary herein. You acknowledge and agree with Future
Corporation that it reserves the right to limit or cease product and/or technical support and
updates for any such discontinued version at its absolute discretion, and that neither consulting
nor training for this or any other Software, Hardware or any other related matter is included in,
or with, technical support;

5.1.1 GETTING SUPPORT: In the first instance you acknowledge and agree with Future
Corporation and its Affiliates that it is your obligation to make use of the Help files and Training
facilities (where provided) within the Software and the Help files and the material supplied
through the Software’s Internet site including but not limited to, the various articles, FAQ,
member forums and knowledgebase (if available). If this proves inadequate, you may lodge an
online ticket for technical support and/or contact your Future Corporation authorized dealer who
sold this License to you (if available). If this proves inadequate, you may contact Future
Corporation or its Affiliate by telephone or facsimile using the contact information provided at
http://www.iifuture.com/en/corporate_contact_us.html;

5.1.2 TECHNICAL SUPPORT: EXCLUSIONS: You are solely responsible for the installation of,
and the regular updating of the Software, and for the proper installation, configuration, and
operation of the Software with your hardware, any supporting Software including but not limited
to the Operating System, Antivirus Software and/or any Internal or External network, and
services upon which the Software relies. You are responsible for selecting the correct settings
for your Server and workstations. The Software is delivered with certain default settings which
may not be appropriate for all circumstances;

5.1.3 TECHNICAL SUPPORT: NO WARRANTY: SUBJECT TO ANY STATUTORY


WARRANTIES WHICH CAN NOT BE EXCLUDED, FUTURE CORPORATION, ITS
AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS PROVIDE TECHNICAL
SUPPORT ON AN AS-IS BASIS WITHOUT ANY WARRANTY, REPRESENTATIONS,
CONDITIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON
LAW, COURSE OF DEALING, CUSTOM, EQUITY, USAGE, OR UNDER ANY THEORY OF
LAW, OR OTHERWISE AS TO ANY MATTER, INCLUDING, BUT NOT LIMITED TO
PERFORMANCE, SECURITY, WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, INTEGRATION, QUIET ENJOYMENT, MERCHANTABLE QUALITY, SATISFACTORY
QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FUTURE
CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS
DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN
BY USING TECHNICAL SUPPORT. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF USING TECHNICAL SUPPORT IS ASSUMED BY YOU. WHERE ANY
NON-EXCLUDABLE TERMS ARE IMPLIED INTO THIS LICENSE BY OPERATION OF LAW,
TO THE EXTENT PERMISSIBLE BY LAW, FUTURE CORPORATION LIMITS ITS LIABILITY
TO, AT ITS ABSOLUTE DISCRETION, THE REPAIR OR REPLACEMENT OF THE GOODS,
THE RE-SUPPLY OF EQUIVALENT GOODS, OR THE COST THEREOF. THIS DISCLAIMER
OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS, SEE SECTION 8 FOR
SPECIFIC PROVISIONS RELATED TO OTHER JURISDICTIONS WHICH MAY BE
APPLICABLE TO YOU;

5.1.4 TECHNICAL SUPPORT LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY


APPLICABLE LAW, YOU AGREE THAT NEITHER FUTURE CORPORATION NOR ITS
AFFILIATES, ITS SUPPLIERS OR ITS AUTHORIZED DEALERS SHALL BE LIABLE FOR ANY
LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY SPECIAL,
CONSEQUENTIAL, INDIRECT, ECONOMIC OR INCIDENTAL DAMAGES, LOST TIME, LOST
PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS
INTERRUPTION, LOST DATA, OR TO BUSINESS AND/OR PERSONAL REPUTATION,
PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD
PARTY ARISING FROM YOUR USE OF, OR GETTING, OR SOURCING TECHNICAL
SUPPORT, EVEN IF FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR
ITS AUTHORIZED DEALERS AND/OR A FUTURE CORPORATION REPRESENTATIVE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FUTURE CORPORATION’S
AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, ITS SUPPLIERS AND AUTHORIZED
DEALERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO
THE AMOUNT PAID FOR TECHNICAL SUPPORT, IF ANY. THIS LIMITATION WILL APPLY
EVEN IN THE EVENT OF A FUNDAMENTAL, MATERIAL OR SERIOUS BREACH OR A
BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. THIS
LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS AND MAY NOT
APPLY TO YOU, SEE SECTION 8 FOR SPECIFIC PROVISIONS RELATED TO OTHER
JURISDICTIONS WHICH MAY BE APPLICABLE TO YOU;

6. INSTALLMENT AND SUBSCRIPTION SOFTWARE

6.1 INSTALLMENT SOFTWARE: You acknowledge that Future Corporation, its Affiliates and/or
its Authorized Dealers may, but are under no obligation to, allow you to pay for this License by
way of monthly installments as set out in the Software’s documentation and at the Software’s
Internet site (collectively “Installment Software”) subject to the Future Corporation Terms and
Conditions of Sale provided online at http://www.iifuture.com/corporate_legal.html. If you apply
to pay by monthly installments and except as expressly limited by applicable law you: (i) hereby
warrant that you have read and understand all your obligations under this License Agreement
prior to making application to license Installment Software; and (ii) agree to be bound by all
those terms applicable to you in the Terms and Conditions of Sale and in particular but not
limited to section 3.5.3 and if applicable section 3.5.3.1 and 3.5.3.2 therein pursuant to such
Installment Software; and (iii) acknowledge further terms and conditions that affect this
paragraph in sections 6.3, 6.4 and 6.5 of this License Agreement (below);

6.2 SUBSCRIPTION SOFTWARE: You acknowledge that Future Corporation, its Affiliates
and/or its Authorized Dealers may, but are under no obligation to, allow you to License the
Software on a Subscription basis, as set out in the Software’s documentation and at the
Software’s Internet site (collectively “Subscription Software”) subject to the Future Corporation
Terms and Conditions of Sale provided online at http://www.iifuture.com/corporate_legal.html. If
you elect to License the Software on a Subscription basis and except as expressly limited by
applicable law, you agree that: (i) your rights to use the Software are limited to the Subscription
period; and, (ii) Subscription software is subject to all the terms and conditions of this License
Agreement; and, (iii) after the expiration of your Subscription the Software will cease to operate.
You may have the option to extend your Subscription or convert it to a perpetual license. If you
extend your Subscription, you may continue using the software until the end of your extended
Subscription period. You may also elect to pay for the Subscription by monthly installments in
advance using a valid credit-card. If you apply to pay your Subscription by monthly installments
in advance, and except as expressly limited by applicable law, you: (i) hereby warrant that you
have read and understand all your obligations under this License Agreement prior to making
application to license Subscription Software; and (ii) agree to be bound by all those terms
applicable to you in the Terms and Conditions of Sale and in particular but not limited to section
3.5.4 therein pursuant to such Subscription Software; and (iii) acknowledge further terms and
conditions that affect this paragraph in sections 6.3, 6.3.1, 6.4 and 6.5 of this License
Agreement (below);

6.3 TERMINATION FOR NON-PAYMENT: If you elected and meet the criteria set forth in the
Terms and Conditions of Sale, and at
http://www.iifuture.com/en/products_payment_options.html and have been approved by Future
Corporation, its Affiliates and/or its Authorized Dealers to pay for the Software License by: (a)
equal Monthly Installments; or (b) Subscription Installments you hereby acknowledge and agree
with Future Corporation that should you or the legal entity that obtained the software and on
whose behalf it is used: (i) cannot; or (ii) do not pay (a) the full Installment Amount (pursuant to
Section 6.1 above) or (b) the full Subscription Installment (pursuant to Section 6.2 above) within
fourteen (14) days after any such due date, that this Agreement may be terminated without
notice to you on such date, notwithstanding any reason given by you, except where expressly
permitted by applicable law, or at the absolute discretion of Future Corporation its Affiliates
and/or its Authorized Dealers (e.g. If your installment due date is the 7th day of each month and
you fail to pay the installment amount by 4:00 PM on the 21st day of that month, this Agreement
may automatically be terminated, at the absolute discretion of Future Corporation, as of
midnight on the 21st day of such month without notice to you);

6.3.1 INSTALLMENTS REMAIN DUE AND PAYABLE: Notwithstanding sections 3.7.2 and 6.3
above, you hereby acknowledge and agree that any amount that remains unpaid and is
outstanding for Installment Software shall remain due and payable in full by you and/or the legal
entity on whose behalf it was licensed;

6.4 NO FURTHER RIGHT OF USE: PURSUANT TO SECTION 6.3 ABOVE, IF THIS


AGREEMENT IS TERMINATED FOR NON PAYMENT OF AN INSTALLMENT AMOUNT OR
SUBSCRIPTION INSTALLMENT AT ANY TIME AFTER FOURTEEN (14) DAYS HAVE
ELAPSED SINCE THE INSTALLMENT DUE DATE, YOU HEREBY ACKNOWLEDGE AND
AGREE WITH FUTURE CORPORATION THAT YOU HAVE NO LEGAL OR EQUITABLE
RIGHTS OR CLAIM TO USE THE SOFTWARE OR ANY OF ITS COMPONENTS SUBJECT TO
THIS AGREEMENT FROM SUCH DATE OF TERMINATION AND THE SOFTWARE SHALL BE
OR BECOME DEACTIVATED OR DEREGISTERED AND RETURNED BY YOU AT YOUR
EXPENSE WITH ANY AND ALL ITS ACCOMPANYING MATERIALS IN YOUR POSSESSION
OR CONTROL, AND IF APPLICABLE THE HARDWARE SECURITY DEVICE, WITHIN THIRTY
(30) DAYS TO THE PLACE OF PURCHASE, OR TO FUTURE CORPORATION;

6.5 CREDIT-CARD CHARGE BACK: YOU HEREBY ACKNOWLEDGE AND AGREE THAT
WHERE FUTURE CORPORATION, ITS AFFILIATES, AND/OR ITS AUTHORIZED DEALERS
HAVE DISCHARGED OR MET THEIR OBLIGATIONS TO YOU, AS THEY FALL DUE UNDER
SECTIONS 6.1 OR 6.2 ABOVE AND YOU HAVE ELECTED OR IT IS A CONDITION TO PAY
BY INSTALLMENT WITH A CREDIT-CARD THAT IF YOU INITIATE A CHARGE-BACK FOR
SUCH CREDIT-CARD PAYMENT WITH YOUR BANK OR CARD ISSUER, THAT THIS IS A
VIOLATION AND MATERIAL BREACH OF THIS AGREEMENT AND MAY RESULT IN THE
AUTOMATIC AND IMMEDIATE TERMINATION OF YOUR LICENSE TO USE THE SOFTWARE
AND FUTURE CORPORATION, ITS AFFILIATES AND/OR ITS AUTHORIZED DEALERS
SHALL BE ENTITLED TO (I) REJECTING YOUR APPLICATION WITH YOUR BANK OR CARD
ISSUER, AND SHOULD SUCH REJECTION BE REFUSED BY YOUR BANK OR CARD
ISSUER; (II) TAKE SUCH ACTION AS FUTURE CORPORATION, ITS AFFILIATES AND/OR
ITS AUTHORIZED DEALERS SEE FIT, INCLUDING IMMEDIATELY BLOCKING ACCESS TO
ONLINE SERVICES, REMOTELY DEACTIVATING OR DEREGISTERING THE SOFTWARE
AND/OR REFUSAL TO PERMIT FURTHER ACTIVATIONS OR REGISTRATIONS AND
PERMANENTLY TERMINATING YOUR ACCOUNT WITH FUTURE CORPORATION, ITS
AFFILIATES AND/OR ITS AUTHORIZED DEALERS, DISCLOSING SUCH INFORMATION
(INCLUDING YOUR IDENTITY) TO RELEVANT AUTHORITIES AND/OR ANY PERSON OR
ENTITY THAT HAS THE LEGAL RIGHT TO SUCH INFORMATION, AND/OR TAKING LEGAL
ACTION AGAINST YOU;

PART II

7. ADDENDA TO THE LICENSE AGREEMENT

7.1 ACADEMIC, EDUCATION STUDENT AND TEACHER ADDENDUM TO THE LICENSE

7.1.1 ACADEMIC EDITION SOFTWARE: If the Software is marked and/or installs and/or is
licensed as: Academic, Education or Student and Teacher Edition you acknowledge and agree
with Future Corporation or its Affiliate that you must qualify as, or be a certified “Academic or
Education Provider” or a currently registered “Teacher” or an enrolled “Student” to use Future
Corporation Software marked as “ALP”, “ALS” or “SV” respectively, as listed in the Software’s
documentation and at: http://www.iifuture.com/en/products_academic.html. If the Software is
identified as Academic, Education or Student and Teacher Edition Software (referred collectively
herein as “Education Software”), your use of the Software is governed by the terms of this
License and as set out by the terms of this section in addendum to this License Agreement
herein. In the event of any conflict between the terms of this License Agreement and this
Education Software addendum, the express terms of this addendum to this Agreement shall
govern;

7.1.2 EDUCATION PROVIDER USE: So long as you remain qualified and/or certified as an
“Academic or Education Provider” under the terms and condition of section 7.1.1 above, you
may (a) install and use one (1) copy of the Software on one (1) computer up to the Permitted
Number of your compatible Computers; or (b) you may install the Permitted Number of copies of
the Software on the Permitted Number of Computer file server(s) within your Internal Network
for the purpose of downloading and installing the Software on up to the Permitted Number of
Computers within the same Internal Network. Notwithstanding anything to the contrary in this
License Agreement, you may not (i) transfer or assign the Software or any copy thereof, or your
License to use the Software to a third party; or (ii) use the Software in any way for any
commercial purpose or in any commercial enterprise or business whatsoever; and (iii) pursuant
to part (ii) the Software may only be used for academic instruction and/or education purposes in
a non-commercial environment;

7.1.3 STUDENT AND TEACHER USE: So long as you remain a “Student or Teacher” under the
terms and condition of section 7.1.1 above you may install and use one (1) copy of the Software
on one (1) computer in your domicile and one (1), if applicable, portable computer that is in your
possession or control and predominately for your personal use. Notwithstanding anything to the
contrary in this License Agreement, you may not (i) transfer or assign the Software or any copy
thereof, or your License to use the Software to a third party; or (ii) use the Software in any way
for any commercial purpose or in any commercial enterprise or business whatsoever; and (iii)
pursuant to part (ii) the Software may only be used for academic and/or education purposes in a
non-commercial environment;

7.2 BETA SOFTWARE ADDENDUM TO THE LICENSE

7.2.1 BETA SOFTWARE: If the Software is marked and/or installs and/or is licensed as: Beta,
Pre-Release, or Not For Resale Software (referred collectively herein as “Beta Software”), you
acknowledge and agree with Future Corporation that such version of the Software is provided
on an “as is” basis solely for testing purposes and it should only be used in a dedicated test
environment that does not hold any risk of loss or damage to other software and data. If the
Software is identified as Beta Software you are granted a nonexclusive License to use this
version of the Software only, and your use of the Software is governed by the terms of this
License and as set out by the terms of this section in addendum to this Agreement herein. You
acknowledge and agree with Future Corporation that this Beta Software License does not entitle
you to any written documentation, technical support or telephone assistance and although
Future Corporation or its Affiliates intend to distribute and license a commercial version of the
Beta Software, Future Corporation, its Affiliates and/or Suppliers reserve the right not to release
a commercial version of the Beta Software or, if released, add, remove or alter features,
components or licensing terms of the commercial version. In the event of any conflict between
the terms of this License Agreement and this Beta Software addendum, the express terms of
this addendum shall govern. Such License shall continue for the period specified in the Beta
Software and/or under Future Corporation’s direction, after which time your License to use the
Beta Software shall terminate and you must uninstall or entirely remove the Beta Software from
all computers in your possession and/or control within thirty (30) days of such termination;

7.2.2 BETA SOFTWARE USE: You may install and use one (1) copy of the Software on one (1)
computer in your domicile and one (1), if applicable, portable computer that is in your
possession or control and predominately for your personal use. Notwithstanding anything to the
contrary in this License Agreement, you may not (i) transfer or assign the Software or any copy
thereof, or your License to use the Software to a third party; or (ii) use the Software in any way
for any commercial purpose or in any commercial enterprise or business whatsoever; and (iii)
pursuant to part (ii) the Software may only be used for testing purposes in a non-commercial
environment;

7.2.3 BETA SOFTWARE REPORTING: As part of testing Beta Software you acknowledge and
agree with Future Corporation or its Affiliate that Future Corporation may ask you to provide
feedback or your observations with respect the Beta Software’s functionality and suitability for
its intended purpose which you may or may not provide at your sole discretion. However, you
acknowledge and agree with Future Corporation that any feedback, opinion, suggestion or
advice that you provide Future Corporation, its Affiliates and/or its Authorized Dealers with
respect Beta or other Future Corporation Software may be used, or discarded, by Future
Corporation in its absolute discretion without reference, consultation with, or permission from
you, and to do with as Future Corporation sees fit. You further acknowledge and agree with
Future Corporation that you shall make no claim or demands intellectual or otherwise, or
demand any remuneration in any form whatsoever from Future Corporation, its Affiliates, its
Suppliers and/or its Authorized Dealers for any such feedback, opinion, suggestion or advice
that you provide that either is, or is not, used in any subsequent or commercial version of the
Beta Software;

7.2.4 BETA SOFTWARE: NO WARRANTY: SUBJECT TO ANY STATUTORY WARRANTIES


WHICH CAN NOT BE EXCLUDED, FUTURE CORPORATION, ITS AFFILIATES, ITS
SUPPLIERS AND/OR ITS AUTHORIZED DEALERS PROVIDE THE BETA SOFTWARE ON AN
AS-IS BASIS WITHOUT ANY WARRANTY, REPRESENTATIONS, CONDITIONS OR TERMS,
EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, COURSE OF DEALING,
CUSTOM, EQUITY, USAGE, OR UNDER ANY THEORY OF LAW, OR OTHERWISE AS TO
ANY MATTER, INCLUDING, BUT NOT LIMITED TO PERFORMANCE, SECURITY,
WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, QUIET
ENJOYMENT, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. FUTURE CORPORATION, ITS AFFILIATES,
ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS DO NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE BETA SOFTWARE.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF USING THE BETA
SOFTWARE IS ASSUMED BY YOU. WHERE ANY NON-EXCLUDABLE TERMS ARE IMPLIED
INTO THIS LICENSE BY OPERATION OF LAW, TO THE EXTENT PERMISSIBLE BY LAW,
FUTURE CORPORATION LIMITS ITS LIABILITY TO, AT ITS ABSOLUTE DISCRETION, THE
REPAIR OR REPLACEMENT OF THE GOODS, THE RE-SUPPLY OF EQUIVALENT GOODS,
OR THE COST THEREOF. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME
JURISDICTIONS, SEE SECTION 8 FOR SPECIFIC PROVISIONS RELATED TO OTHER
JURISDICTIONS WHICH MAY BE APPLICABLE TO YOU;

7.2.5 BETA SOFTWARE: LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY


APPLICABLE LAW, YOU AGREE THAT NEITHER FUTURE CORPORATION NOR ITS
AFFILIATES, ITS SUPPLIERS OR ITS AUTHORIZED DEALERS SHALL BE LIABLE FOR ANY
LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY SPECIAL,
CONSEQUENTIAL, INDIRECT, ECONOMIC OR INCIDENTAL DAMAGES, LOST TIME, LOST
PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS
INTERRUPTION, LOST DATA, OR TO BUSINESS AND/OR PERSONAL REPUTATION,
PERSONAL INJURY (INCLUDING DEATH) OR FAILURE TO MEET ANY DUTY OF CARE, OR
CLAIMS BY A THIRD PARTY ARISING FROM USE OF THE BETA SOFTWARE, EVEN IF
FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORIZED
DEALERS AND/OR A FUTURE CORPORATION REPRESENTATIVE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. TO THE EXTENT
PERMITTED BY APPLICABLE LAW, FUTURE CORPORATION’S AGGREGATE LIABILITY
AND THAT OF ITS AFFILIATES, ITS SUPPLIERS AND AUTHORIZED DEALERS UNDER OR
IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR
THE BETA SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A
FUNDAMENTAL, MATERIAL OR SERIOUS BREACH OR A BREACH OF THE FUNDAMENTAL
OR MATERIAL TERMS OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY MAY NOT BE
VALID IN SOME JURISDICTIONS AND MAY NOT APPLY TO YOU, SEE SECTION 8 FOR
SPECIFIC PROVISIONS RELATED TO OTHER JURISDICTIONS WHICH MAY BE
APPLICABLE TO YOU;

7.3 DEMONSTRATION SOFTWARE ADDENDUM TO THE LICENSE

7.3.1 DEMONSTRATION SOFTWARE: If the Software is marked and/or installs and/or is


licensed as: Demonstration, Evaluation, Free-Trial, or Try-Out Software (referred collectively
herein as “Demonstration Software”), you acknowledge and agree with Future Corporation that
such version of the Software is provided on an “as is” basis solely for evaluation purposes and it
should only be used in a dedicated test environment that does not hold any risk of loss or
damage to other software and data. If the Software is identified as Demonstration Software you
are granted a nonexclusive License to use this version of the Software only, and your use of the
Software is governed by the terms of this License as set out by the terms of this section in
addendum to this License Agreement herein. You acknowledge and agree with Future
Corporation that this Demonstration Software License does not entitle you to any written
documentation, technical support or telephone assistance and although Future Corporation or
its Affiliates intend to distribute and license a commercial version of the Demonstration
Software, Future Corporation, its Affiliates and/or Suppliers reserve the right not to release a
commercial version of the Demonstration Software or, if released, add, remove or alter features,
components or licensing terms of the commercial version. In the event of any conflict between
the terms of this License Agreement and this Demonstration Software addendum, the express
terms of this addendum shall govern. Such License shall continue for the period specified in the
Demonstration Software, after which time your License to use the Demonstration Software shall
terminate without notice;

7.3.2 DEMONSTRATION SOFTWARE: NO WARRANTY: SUBJECT TO ANY STATUTORY


WARRANTIES WHICH CAN NOT BE EXCLUDED, FUTURE CORPORATION, ITS
AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS PROVIDE THE
DEMONSTRATION SOFTWARE ON AN AS-IS BASIS WITHOUT ANY WARRANTY,
REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY
STATUTE, COMMON LAW, COURSE OF DEALING, CUSTOM, EQUITY, USAGE, OR UNDER
ANY THEORY OF LAW, OR OTHERWISE AS TO ANY MATTER, INCLUDING, BUT NOT
LIMITED TO PERFORMANCE, SECURITY, WARRANTIES OF NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, INTEGRATION, QUIET ENJOYMENT, MERCHANTABLE QUALITY,
SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS
AUTHORIZED DEALERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR
RESULTS YOU MAY OBTAIN BY USING THE DEMONSTRATION SOFTWARE. THE ENTIRE
RISK AS TO THE RESULTS AND PERFORMANCE OF USING THE DEMONSTRATION
SOFTWARE IS ASSUMED BY YOU. WHERE ANY NON-EXCLUDABLE TERMS ARE IMPLIED
INTO THIS LICENSE BY OPERATION OF LAW, TO THE EXTENT PERMISSIBLE BY LAW,
FUTURE CORPORATION LIMITS ITS LIABILITY TO, AT ITS ABSOLUTE DISCRETION, THE
REPAIR OR REPLACEMENT OF THE GOODS, THE RE-SUPPLY OF EQUIVALENT GOODS,
OR THE COST THEREOF. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME
JURISDICTIONS, SEE SECTION 8 FOR SPECIFIC PROVISIONS RELATED TO OTHER
JURISDICTIONS WHICH MAY BE APPLICABLE TO YOU;

7.3.3 DEMONSTRATION SOFTWARE: LIMITATION OF LIABILITY: TO THE EXTENT


PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER FUTURE CORPORATION
NOR ITS AFFILIATES, ITS SUPPLIERS OR ITS AUTHORIZED DEALERS SHALL BE LIABLE
FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY
SPECIAL, CONSEQUENTIAL, INDIRECT, ECONOMIC OR INCIDENTAL DAMAGES, LOST
TIME, LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS
INTERRUPTION, LOST DATA, OR TO BUSINESS AND/OR PERSONAL REPUTATION,
PERSONAL INJURY (INCLUDING DEATH) OR FAILURE TO MEET ANY DUTY OF CARE, OR
CLAIMS BY A THIRD PARTY ARISING FROM USE OF THE DEMONSTRATION SOFTWARE,
EVEN IF FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS
AUTHORIZED DEALERS AND/OR A FUTURE CORPORATION REPRESENTATIVE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FUTURE CORPORATION’S
AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, ITS SUPPLIERS AND AUTHORIZED
DEALERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO
THE AMOUNT PAID FOR THE DEMONSTRATION SOFTWARE, IF ANY. THIS LIMITATION
WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL, MATERIAL OR SERIOUS BREACH
OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. THIS
LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS AND MAY NOT
APPLY TO YOU, SEE SECTION 8 FOR SPECIFIC PROVISIONS RELATED TO OTHER
JURISDICTIONS WHICH MAY BE APPLICABLE TO YOU;

7.4 OEM EDITION ADDENDUM TO THE LICENSE

7.4.1 OEM EDITION SOFTWARE: If the Software is marked and/or installs and/or is licensed
as: Bundled, Bundleware, Included, OEM, OEM Edition or OEM Version (referred collectively
herein as “OEM Edition”) you acknowledge and agree with Future Corporation that such OEM
Edition Software is sold under License to a third party manufacturer (Future Corporation
Approved Partner) and included (bundled) with such third party machines and devices including
but not limited to: CNC, engraving, laser, plotting, printing, routing and vinyl cutting machines
and devices as described in the notice located on the storage media and/or in the OEM Edition
Software’s documentation and you are not entitled to use OEM Edition Software unless it was
purchased in accordance therewith. You are not entitled to use OEM Edition Software if you
obtained it separately from an approved piece of hardware assigned to the Software and/or in
the Software’s documentation or as a stand-alone Software. If the Software is identified as OEM
Edition Software, your use of the Software is governed by the terms of this License and as set
out by the terms of this section in addendum to this License Agreement herein. In the event of
any conflict between the terms of this License Agreement and this OEM Edition Software
addendum, the express terms of this addendum shall govern;

7.4.2 OEM EDITION USE: You may install and use one (1) copy of the Software on one (1)
computer for and in conjunction only with the approved piece of hardware assigned to the
Software and/or in the Software’s accompanying documentation;

7.4.3 OEM LICENSE TRANSFER: Notwithstanding anything to the contrary in the License
Agreement, you may not transfer or assign OEM Edition Software or any copy thereof, or your
License to use this OEM Software to a third party unless: (a) you also transfer (i) this License
Agreement and OEM Edition Software addendum, and (ii) the Software’s Serial or Product or
Customer number(s), where applicable the Software’s media including but not limited to discs
and product documentation provided by Future Corporation or its Approved Partner Hardware or
Authorized Dealer, and all other software or hardware bundled, packaged, downloaded or
preinstalled with the Software, including all copies, conversions, patches, service packs,
upgrades, updates and prior versions; and (b) you retain no copies, conversions, patches,
service packs, upgrades, updates and prior versions, including backups and copies stored on a
computer in your possession or control; and (c) the approved piece of hardware assigned to the
Software and/or in the Software’s documentation; and (d) the receiving party acknowledges and
accepts the terms and conditions of this License Agreement and any other terms and conditions
under which you purchased a valid License to or for the Software;

7.5 SOFTWARE DEVELOPMENT KIT ADDENDUM TO THE LICENSE

7.5.1 SOFTWARE DEVELOPMENT KIT: If the Software contains a Future Corporation


Software Developer’s Kit (referred collectively herein as “SDK”), your use of the SDK portion of
the Software is governed by the terms of this License and as set out by the terms of this section
in addendum to this License Agreement herein. In the event of any conflict between the terms of
this License Agreement and this SDK addendum, the express terms of this addendum to this
License Agreement shall govern. BY USING THIS SDK, YOU ARE AGREEING TO BE BOUND
BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT INSTALL OR USE THE SDK;

7.5.2 GRANT OF SDK LICENSE: The SDK may include certain example source code (not
compiled), tools, utilities, libraries, program interfaces and text files relating to a Future
Corporation Software Product (referred collectively herein as “Future Corporation Extensions”).
Future Corporation grants you the following limited, nonexclusive and non-transferable rights to
the SDK;

7.5.3 USE OF THE FUTURE CORPORATION EXTENSIONS: Future Corporation grants to you
(i) a nonexclusive and non-transferable license to adapt and use the Future Corporation client
software and source code fragments, including updates, solely to enable your products to
connect to and communicate with the relevant Future Corporation software product, including
but not limited to Future Corporation File Types and Formats, and (ii) a nonexclusive and non-
transferable license to adapt and use the other Future Corporation Extensions for the
purpose(s) solely for which they are intended, including but not limited to Future Corporation
Plug-Ins and Snap-Ins;

7.5.4 LICENSE TO DISTRIBUTE: Future Corporation grants you the right to copy and distribute
Future Corporation Extensions intended for distribution with your Products, excluding source
code fragments, but including but not limited to exact copies of documentation, with such
Products. You agree that you will distribute such Future Corporation Extensions and Products to
your end users pursuant to such license addendums as you customarily use to distribute other
similar products. Except as permitted in this Addendum, you shall contractually prohibit your end
users from: (i) using, copying (except as necessary for backup or archival purposes or to the
extent expressly permitted by applicable law and to the extent that Future Corporation is not
permitted by that applicable law to exclude or limit such rights), modifying, or transferring the
Future Corporation Extensions or Products or any copy in whole or in part, or granting any rights
in the Future Corporation Extensions or Products; (ii) translating, reverse engineering,
decompiling, disassembling, or creating derivative works based on the Future Corporation
Extensions or Products; or (iii) renting or leasing the Future Corporation Extensions or Products;

7.5.5 SUPPORT: You agree with Future Corporation that you shall provide support for the
Future Corporation Extensions and Products to your end users;

7.5.6 DESCRIPTION OF OTHER LIMITATIONS AND OBLIGATIONS: For all Future


Corporation Extensions, you agree with Future Corporation to treat those portions of the Future
Corporation Extensions not authorized for distribution as confidential. Each party’s obligation
under this Section shall survive the expiration, cancellation, rescission or earlier termination of
this Agreement and shall extend to the earlier of such time as the information protected hereby
falls into the public domain through no fault of the obligated party or five (5) years following your
receipt of the Future Corporation Extensions. Notwithstanding the foregoing, with respect to
source code fragments in the Future Corporation Extensions, you agree to hold them in strict
confidence in perpetuity. You agree with Future Corporation that, except as specified in Section
7.5.2 above, you will not use the Future Corporation Extensions for any other purpose and will
not translate, reverse engineer, decompile, disassemble or otherwise alter the Future
Corporation Extensions. You further agree with Future Corporation that you shall not modify or
remove functions or copyright, trademark or patent notices in the Future Corporation
Extensions, except as may be authorized by this Addendum or as may be authorized by Future
Corporation in writing. You hereby agree, that to the extent that any applicable laws give you the
right to perform any of the aforementioned activities without Future Corporation’s consent in
order to gain certain information about the Future Corporation Extensions for purposes specified
in the respective statutes, before you exercise any such rights, you shall first request such
information from Future Corporation in writing detailing the purpose for which you need the
information. Only if and after Future Corporation, at its absolute discretion, partly or completely
denies your request, shall you exercise your statutory rights. To the extent permitted by
applicable law, you agree to allow Future Corporation to audit your compliance with the terms of
this Agreement upon prior written notice during normal business hours;

7.5.7 INTELLECTUAL PROPERTY RIGHTS: No title to or ownership of the Software is


transferred to you. Future Corporation, its Affiliates and/or Suppliers own and retain all title and
ownership of all intellectual property rights in and to the SDK and Future Corporation
Extensions, including any adaptations or copies. You acquire only a limited License to use this
SDK;

7.5.8 EXPORT RESTRICTION: You agree with Future Corporation that you will not export, re-
export or import the SDK or Future Corporation Extensions in any form without the appropriate
government licenses. You understand that under no circumstances may the SDK or Future
Corporation Extensions be exported to any country subject to US embargo or to US designated
denied persons or prohibited entities or US specially designated nationals. See section 8.1.2.1
through 8.1.2.4 below, for more information;

7.5.9 SDK: NO WARRANTY: SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN


NOT BE EXCLUDED, FUTURE CORPORATION, ITS AFFILIATES, IT SUPPLIERS AND/OR IT
AUTHORIZED DEALERS PROVIDE THE SDK AND FUTURE CORPORATION EXTENSIONS
ON AN AS-IS BASIS WITHOUT ANY WARRANTY, REPRESENTATIONS, CONDITIONS OR
TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, COURSE OF
DEALING, CUSTOM, EQUITY, USAGE, OR UNDER ANY THEORY OF LAW, OR OTHERWISE
AS TO ANY MATTER, INCLUDING, BUT NOT LIMITED TO PERFORMANCE, SECURITY,
WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, QUIET
ENJOYMENT, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. FUTURE CORPORATION, ITS AFFILIATES,
ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS DO NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SDK AND FUTURE
CORPORATION EXTENSIONS. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF USING THE SDK AND FUTURE CORPORATION EXTENSIONS IS
ASSUMED BY YOU. THE SDK IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR
USE WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO
DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU
ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE SDK AND FUTURE
CORPORATION EXTENSIONS AND RESULTS OBTAINED FROM THEM. WHERE ANY NON-
EXCLUDABLE TERMS ARE IMPLIED INTO THIS LICENSE BY OPERATION OF LAW, TO THE
EXTENT PERMISSIBLE BY LAW, FUTURE CORPORATION LIMITS ITS LIABILITY TO, AT ITS
ABSOLUTE DISCRETION, THE REPAIR OR REPLACEMENT OF THE GOODS, THE RE-
SUPPLY OF EQUIVALENT GOODS, OR THE COST THEREOF. THIS DISCLAIMER OF
WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS, SEE SECTION 8 FOR
SPECIFIC PROVISIONS RELATED TO OTHER JURISDICTIONS WHICH MAY BE
APPLICABLE TO YOU;

7.5.10 SDK: LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE


LAW, YOU AGREE THAT NEITHER FUTURE CORPORATION NOR ITS AFFILIATES, ITS
SUPPLIERS OR ITS AUTHORIZED DEALERS SHALL BE LIABLE FOR ANY LOSS,
DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY SPECIAL,
CONSEQUENTIAL, INDIRECT, ECONOMIC OR INCIDENTAL DAMAGES, LOST TIME, LOST
PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS
INTERRUPTION, LOST DATA, OR TO BUSINESS AND/OR PERSONAL REPUTATION,
PERSONAL INJURY (INCLUDING DEATH) OR FAILURE TO MEET ANY DUTY OF CARE, OR
CLAIMS BY A THIRD PARTY ARISING FROM YOUR USE OF THE SDK OR FUTURE
CORPORATION EXTENSIONS OR DAMAGE ARISING FROM YOUR PARTICIPATION IN
HOSTING OR USE OF THIRD PARTY PRODUCTS, HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, EVEN IF FUTURE CORPORATION, ITS AFFILIATES, ITS
SUPPLIERS AND/OR ITS AUTHORIZED DEALERS AND/OR A FUTURE CORPORATION
REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS OR COSTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW,
FUTURE CORPORATION’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, ITS
SUPPLIERS AND/OR ITS AUTHORIZED DEALERS UNDER OR IN CONNECTION WITH THIS
AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THIS SDK LICENSE, IF ANY.
THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL, MATERIAL OR
SERIOUS BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS
AGREEMENT. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME
JURISDICTIONS AND MAY NOT APPLY TO YOU, SEE SECTION 8 FOR SPECIFIC
PROVISIONS RELATED TO OTHER JURISDICTIONS WHICH MAY BE APPLICABLE TO
YOU;

7.5.11 SDK: TERMINATION: This Agreement is effective until terminated. You may terminate
this Agreement at any time by permanently destroying all copies of the SDK and Future
Corporation Extensions and providing written notice to Future Corporation. Future Corporation
may terminate this Agreement at any time for your breach of this Agreement. Unauthorized
copying of the SDK or Future Corporation Extensions or the accompanying documentation or
otherwise failing to comply with the License Grant of this Agreement will result in automatic
termination of this Agreement and will make available to Future Corporation all other legal
remedies. You agree and acknowledge that your fundamental, material or serious breach of this
Agreement shall cause Future Corporation, its Affiliates and its Suppliers irreparable harm for
which monetary damages alone would be inadequate and that, to the extent permitted by
applicable law, Future Corporation, its Affiliates and/or its Suppliers shall be entitled to injunctive
or equitable relief without the need for posting a bond. Upon termination of this Agreement, the
License granted herein will terminate and you must immediately and permanently destroy the
SDK and accompanying documentation, and all backup copies thereof;

7.5.12 SDK: INDEMNIFICATION: You agree to indemnify and hold Future Corporation, its
Affiliates, its Suppliers and/or Authorized Dealers harmless from and against any and all costs,
liabilities, claims, or demands, including legal fees (on an attorney/solicitor and own client basis)
that arise or result from the use, reproduction or distribution of your Software Application
Software, documentation, or promotional or sales materials;

PART III

8. COUNTRY SPECIFIC TERMS IN ADDENDUM TO THIS LICENSE

If you obtained the Software from Future Corporation or a Future Corporation Affiliate or a
Future Corporation Authorized Dealer in a country listed below, and such country is your usual
domicile, then Sections 2.8, 2.8.1, 2.8.2, 2.8.3, 2.8.4, 2.9, 2.10, 3.6, 5.1.3, 5.1.4, 7.2.4, 7.2.5,
7.3.2, 7.3.3, 7.5.9, and 7.5.10 (above) and other warranty and disclaimer provisions contained in
this License (including all sections in addendum), are to the extent inconsistent with these
sections, replaced, amended or appended to by the country specific terms in addendum to this
Agreement, as set forth below:

8.1 THE AMERICAS

8.1.1 PERU: LIMITATION OF LIABILITY: FOR SECTIONS 2.10, 5.1.4, 7.2.5, 7.3.3 AND 7.5.10
ABOVE: THE FOLLOWING IS ADDED AT THE END OF THIS SECTION:

In accordance with Article 1328 of the Peruvian Civil Code, the limitations and exclusions
specified in this section will not apply to damages caused by Future Corporation’s wilful
misconduct (“dolo”) or gross negligence (“culpa inexcusable”);

8.1.2 UNITED STATES OF AMERICA (“UNITED STATES”): GENERAL PROVISIONS: Section


3: The following replaces section 3.6 in its entirety: LIMITATION TO BRING AN ACTION: You
acknowledge and agree that neither will Future Corporation, its Affiliates, and/or its Authorized
Dealers, or will you, bring a legal action under this Agreement more than two (2) years after the
cause of action arose unless otherwise provided by local law without the possibility of
contractual waiver or limitation;

8.1.3 UNITED STATES: GENERAL PROVISIONS: FOR SECTION 3 ABOVE: THE


FOLLOWING IS ADDED AT THE END OF THIS SECTION:

8.1.3.1 EXPORT RULES: You agree that the Software will not be shipped, transferred,
transmitted or exported into any country or used in any manner prohibited by the United States
Export Administration Act or any other United States export laws, restrictions or regulations
(collectively the “US Export Laws”). If the Software is identified as an export controlled item
under such US Export Laws, you represent and warrant to Future Corporation that (i) you are
not a citizen, national or resident of, and are not under the control of, the government of: Cuba,
Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has
prohibited export under such US Export Laws; (ii) you will not download, transmit or otherwise
export the Software, directly or indirectly, to or into the countries mentioned in clause (i) or to
citizens, nationals or residents of those countries; (iii) you are not listed in the United States
Department of Treasury lists of Specially Designated: Narcotic Traffickers, Nationals and/or
Terrorists, or the United States Department of Commerce Table of Denial Orders; and (iv) you
will not download, transmit or otherwise export the Software, directly or indirectly, to persons on
the lists mentioned in clause (iii);

8.1.3.2 EXPRESS RESTRICTIONS: You represent and warrant to Future Corporation that you
will not use the Software for, and will not allow the Software to be used for, any purposes
prohibited by United States law, including, without limitation, for the development, design,
manufacture or production of nuclear, chemical or biological weapons of mass destruction;

8.1.3.3 RIGHTS FORFEITED: All rights to use the Software are granted on condition that such
rights are forfeited if you fail to comply with the terms of this Agreement;

8.1.3.4 NOTICE TO UNITED STATES GOVERNMENT END USERS: For the purposes of the
United States Code of Federal Regulations (“C.F.R.”) and under the Federal Acquisition
Regulations (“F.A.R.”) the Software pursuant to this License herein consists of “Commercial
Computer Software” and “Commercial Computer Software Documentation” as such terms are
used in 48 C.F.R. section 12.212 or 48 C.F.R. section 227.7202, as applicable. Consistent with
48 C.F.R. section 12.212 or 48 C.F.R. sections 227.7202-1 through 227.7202-4, as applicable,
the Commercial Computer Software and Commercial Computer Software Documentation are
being licensed to United States Government end users (i) only as Commercial Items and (ii)
with only those rights as are granted to all other end users pursuant to the terms and conditions
of this License herein. Unpublished-rights reserved under the copyright laws of the United
States. If acquired by or on behalf of any agency within the United States Department of
Defense (“D.O.D.”), the United States Government acquires this Commercial Computer
Software and Commercial Computer Software Documentation subject to the terms of this
License Agreement herein as specified in 48 C.F.R. section 227.7202 of the D.O.D. F.A.R.
Supplement and its successors;

8.2 ASIA

8.2.1 INDIA: LIMITATION OF LIABILITY: FOR EACH SECTION 2.10, 5.1.4, 7.2.5, 7.3.3 AND
7.5.10 ABOVE, THE FOLLOWING SECTION 8.2.1.1 AND SECTIONS 8.2.1.2, 8.2.1.3, 8.2.1.4
AND 8.2.1.5 REPLACES EACH SECTION IN ITS ENTIRETY AS SET FORTH BELOW:

8.2.1.1 LIMITATION OF LIABILITY: EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH
ABOVE, IN NO EVENT WILL FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS
AND/OR ITS AUTHORIZED DEALERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES,
CLAIMS OR COSTS WHATSOEVER INCLUDING ANY SPECIAL, CONSEQUENTIAL,
INDIRECT OR INCIDENTAL DAMAGES, LOST TIME, LOST PROFITS OR LOST SAVINGS,
ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, LOST DATA, OR TO
BUSINESS AND/OR PERSONAL REPUTATION, PERSONAL INJURY (INCLUDING DEATH)
OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY ARISING
FROM THIS AGREEMENT, EVEN IF FUTURE CORPORATION, ITS AFFILIATES, ITS
SUPPLIERS AND/OR AUTHORIZED DEALERS AND/OR A FUTURE CORPORATION
REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS OR COSTS, EXCEPT WHERE LIABILITY FOR BODILY INJURY
(INCLUDING DEATH) OR DAMAGE TO REAL PROPERTY AND TANGIBLE PERSONAL
PROPERTY WILL BE LIMITED TO THAT CAUSED BY FUTURE CORPORATION’S
NEGLIGENCE. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. FUTURE CORPORATION’S
AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS
AUTHORIZED DEALERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE
LIMITED TO THE AMOUNT PAID FOR THIS LICENSE, IF ANY. THIS LIMITATION WILL APPLY
EVEN IN THE EVENT OF A FUNDAMENTAL, MATERIAL OR SERIOUS BREACH OR A
BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. FUTURE
CORPORATION IS ACTING ON BEHALF OF ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS
AUTHORIZED DEALERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND
LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY WITH RESPECT TO THIS LICENSE
ONLY AND FOR NO OTHER PURPOSE OR RESPECT.

8.2.1.2 For the purposes of section 5.1.4 which is replaced in its entirety by section 8.2.1.1 by
section 8.2.1 above, the following words from section 8.2.1.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM YOUR USE OF, OR GETTING, OR
SOURCING TECHNICAL SUPPORT”; and (ii) the following words: “SHALL BE LIMITED TO
THE AMOUNT PAID FOR THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE
LIMITED TO THE AMOUNT PAID FOR TECHNICAL SUPPORT, IF ANY.”; and,

8.2.1.3 For the purposes of section 7.2.5 which is replaced in its entirety by section 8.2.1.1 by
section 8.2.1 above, the following words from section 8.2.1.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM USE OF THE BETA SOFTWARE”;
and (ii) the following words: “SHALL BE LIMITED TO THE AMOUNT PAID FOR THIS LICENSE,
IF ANY.”, are entirely replaced with: “SHALL BE LIMITED TO THE AMOUNT PAID FOR THE
BETA SOFTWARE, IF ANY.”; and,

8.2.1.4 For the purposes of section 7.3.3 which is replaced in its entirety by section 8.2.1.1 by
section 8.2.1 above, the following words from section 8.2.1.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM USE OF THE DEMONSTRATION
SOFTWARE”; and (ii) the following words: “SHALL BE LIMITED TO THE AMOUNT PAID FOR
THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE LIMITED TO THE AMOUNT
PAID FOR THE DEMONSTRATION SOFTWARE, IF ANY.”; and,

8.2.1.5 For the purposes of section 7.5.10 which is replaced in its entirety by section 8.2.1.1 by
section 8.2.1 above, the following words from section 8.2.1.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM YOUR USE OF THE SDK OR
FUTURE CORPORATION EXTENSIONS OR DAMAGE ARISING FROM YOUR
PARTICIPATION IN HOSTING OR USE OF THIRD PARTY PRODUCTS, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY”; and (ii) the following words: “SHALL BE LIMITED TO
THE AMOUNT PAID FOR THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE
LIMITED TO THE AMOUNT PAID FOR THIS SDK LICENSE, IF ANY.”;

8.2.1.6 INDIA: GENERAL PROVISIONS: For Section 3 above: The following replaces section
3.6 in its entirety: LIMITATION TO BRING AN ACTION: You acknowledge and agree that neither
will Future Corporation, its Affiliates, and/or its Authorized Dealers, or will you, bring a legal
action under this Agreement more than three (3) years after the cause of action arose unless
otherwise provided by local law without the possibility of contractual waiver or limitation;

8.2.2 JAPAN: GENERAL PROVISIONS: FOR SECTION 3 ABOVE, THE FOLLOWING IS


ADDED TO THE END OF THIS SECTION
8.2.2.1 NEGOTIATION: Any doubts concerning this Agreement will be initially resolved between
us in good faith and in accordance with the principle of mutual trust;

8.2.3 MALAYSIA: LIMITATION OF LIABILITY: FOR EACH SECTION 2.10, 5.1.4, 7.2.5, 7.3.3
AND 7.5.10 ABOVE, THE FOLLOWING SECTION 8.2.3.1 AND SECTIONS 8.2.3.2, 8.2.3.3,
8.2.3.4 AND 8.2.3.5 REPLACES EACH SECTION IN ITS ENTIRETY AS SET FORTH BELOW:

8.2.3.1 LIMITATION OF LIABILITY: EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH
ABOVE, IN NO EVENT WILL FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS
AND/OR ITS AUTHORIZED DEALERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES,
CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR
INCIDENTAL DAMAGES, LOST TIME, LOST PROFITS OR LOST SAVINGS, ANY DAMAGES
RESULTING FROM BUSINESS INTERRUPTION, LOST DATA, OR TO BUSINESS AND/OR
PERSONAL REPUTATION, PERSONAL INJURY (INCLUDING DEATH) OR FAILURE TO
MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY ARISING FROM THIS
AGREEMENT, EVEN IF FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS
AND/OR AUTHORIZED DEALERS AND/OR A FUTURE CORPORATION REPRESENTATIVE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR
COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. FUTURE CORPORATION’S
AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS
AUTHORIZED DEALERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE
LIMITED TO THE AMOUNT PAID FOR THIS LICENSE, IF ANY. THIS LIMITATION WILL APPLY
EVEN IN THE EVENT OF A FUNDAMENTAL, MATERIAL OR SERIOUS BREACH OR A
BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. FUTURE
CORPORATION IS ACTING ON BEHALF OF ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS
AUTHORIZED DEALERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND
LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY WITH RESPECT TO THIS LICENSE
ONLY AND FOR NO OTHER PURPOSE OR RESPECT;

8.2.3.2 For the purposes of section 5.1.4 which is replaced in its entirety by section 8.2.3.1 by
section 8.2.3 above, the following words from section 8.2.3.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM YOUR USE OF, OR GETTING, OR
SOURCING TECHNICAL SUPPORT”; and (ii) the following words: “SHALL BE LIMITED TO
THE AMOUNT PAID FOR THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE
LIMITED TO THE AMOUNT PAID FOR TECHNICAL SUPPORT, IF ANY.”; and,

8.2.3.3 For the purposes of section 7.2.5 which is replaced in its entirety by section 8.2.3.1 by
section 8.2.3 above, the following words from section 8.2.3.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM USE OF THE BETA SOFTWARE”;
and (ii) the following words: “SHALL BE LIMITED TO THE AMOUNT PAID FOR THIS LICENSE,
IF ANY.”, are entirely replaced with: “SHALL BE LIMITED TO THE AMOUNT PAID FOR THE
BETA SOFTWARE, IF ANY.”; and,

8.2.3.4 For the purposes of section 7.3.3 which is replaced in its entirety by section 8.2.3.1 by
section 8.2.3 above, the following words from section 8.2.3.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM USE OF THE DEMONSTRATION
SOFTWARE”; and (ii) the following words: “SHALL BE LIMITED TO THE AMOUNT PAID FOR
THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE LIMITED TO THE AMOUNT
PAID FOR THE DEMONSTRATION SOFTWARE, IF ANY.”; and,

8.2.3.5 For the purposes of section 7.5.10 which is replaced in its entirety by section 8.2.3.1 by
section 8.2.3 above, the following words from section 8.2.3.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM YOUR USE OF THE SDK OR
FUTURE CORPORATION EXTENSIONS OR DAMAGE ARISING FROM YOUR
PARTICIPATION IN HOSTING OR USE OF THIRD PARTY PRODUCTS, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY”; and (ii) the following words: “SHALL BE LIMITED TO
THE AMOUNT PAID FOR THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE
LIMITED TO THE AMOUNT PAID FOR THIS SDK LICENSE, IF ANY.”;

8.2.4 PEOPLE’S REPUBLIC OF CHINA: GENERAL PROVISIONS: FOR SECTION 3 ABOVE:


THE FOLLOWING IS ADDED TO THE END OF THIS SECTION:

8.2.4.1 BANK CHARGES: All banking charges incurred in the People’s Republic of China will
be borne by you and those incurred outside the People’s Republic of China will be borne by
Future Corporation, its Affiliates, and/or its Authorized Dealers;

8.2.5 PHILIPPINES: LIMITATION OF LIABILITY: FOR EACH SECTION 2.10, 5.1.4, 7.2.5, 7.3.3
AND 7.5.10 ABOVE, THE FOLLOWING SECTION 8.2.5.1 AND SECTIONS 8.2.5.2, 8.2.5.3,
8.2.5.4 AND 8.2.5.5 REPLACES EACH SECTION IN ITS ENTIRETY AS SET FORTH BELOW:

8.2.5.1 LIMITATION OF LIABILITY: EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH
ABOVE, IN NO EVENT WILL FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS
AND/OR ITS AUTHORIZED DEALERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES,
CLAIMS OR COSTS WHATSOEVER INCLUDING ANY SPECIAL (INCLUDING NOMINAL AND
EXEMPLARY DAMAGES), MORAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY
ECONOMIC CONSEQUENTIAL DAMAGES, LOST TIME, LOST PROFITS OR LOST
SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, LOST DATA, OR
TO BUSINESS AND/OR PERSONAL REPUTATION, PERSONAL INJURY (INCLUDING
DEATH) OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY
ARISING FROM THIS AGREEMENT, EVEN IF FUTURE CORPORATION, ITS AFFILIATES,
ITS SUPPLIERS AND/OR AUTHORIZED DEALERS AND/OR A FUTURE CORPORATION
REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY
TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. FUTURE
CORPORATION’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, ITS SUPPLIERS
AND/OR ITS AUTHORIZED DEALERS UNDER OR IN CONNECTION WITH THIS
AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THIS LICENSE, IF ANY. THIS
LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL, MATERIAL OR
SERIOUS BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS
AGREEMENT. FUTURE CORPORATION IS ACTING ON BEHALF OF ITS AFFILIATES, ITS
SUPPLIERS AND/OR ITS AUTHORIZED DEALERS FOR THE PURPOSE OF DISCLAIMING,
EXCLUDING AND LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY WITH RESPECT
TO THIS LICENSE ONLY AND FOR NO OTHER PURPOSE OR RESPECT;

8.2.5.2 For the purposes of section 5.1.4 which is replaced in its entirety by section 8.2.5.1 by
section 8.2.5 above, the following words from section 8.2.5.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM YOUR USE OF, OR GETTING, OR
SOURCING TECHNICAL SUPPORT”; and (ii) the following words: “SHALL BE LIMITED TO
THE AMOUNT PAID FOR THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE
LIMITED TO THE AMOUNT PAID FOR TECHNICAL SUPPORT, IF ANY.”; and,

8.2.5.3 For the purposes of section 7.2.5 which is replaced in its entirety by section 8.2.5.1 by
section 8.2.5 above, the following words from section 8.2.5.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM USE OF THE BETA SOFTWARE”;
and (ii) the following words: “SHALL BE LIMITED TO THE AMOUNT PAID FOR THIS LICENSE,
IF ANY.”, are entirely replaced with: “SHALL BE LIMITED TO THE AMOUNT PAID FOR THE
BETA SOFTWARE, IF ANY.”; and,

8.2.5.4 For the purposes of section 7.3.3 which is replaced in its entirety by section 8.2.5.1 by
section 8.2.5 above, the following words from section 8.2.5.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM USE OF THE DEMONSTRATION
SOFTWARE”; and (ii) the following words: “SHALL BE LIMITED TO THE AMOUNT PAID FOR
THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE LIMITED TO THE AMOUNT
PAID FOR THE DEMONSTRATION SOFTWARE, IF ANY.”; and,

8.2.5.5 For the purposes of section 7.5.10 which is replaced in its entirety by section 8.2.5.1 by
section 8.2.5 above, the following words from section 8.2.5.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM YOUR USE OF THE SDK OR
FUTURE CORPORATION EXTENSIONS OR DAMAGE ARISING FROM YOUR
PARTICIPATION IN HOSTING OR USE OF THIRD PARTY PRODUCTS, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY”; and (ii) the following words: “SHALL BE LIMITED TO
THE AMOUNT PAID FOR THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE
LIMITED TO THE AMOUNT PAID FOR THIS SDK LICENSE, IF ANY.”;

8.2.6 SINGAPORE: LIMITATION OF LIABILITY: FOR EACH SECTION 2.10, 5.1.4, 7.2.5, 7.3.3
AND 7.5.10 ABOVE, THE FOLLOWING SECTION 8.2.6.1 AND SECTIONS 8.2.6.3, 8.2.6.4,
8.2.6.5 AND 8.2.6.6 REPLACES EACH SECTION IN ITS ENTIRETY AS SET FORTH BELOW:

8.2.6.1 LIMITATION OF LIABILITY: EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH
ABOVE, IN NO EVENT WILL FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS
AND/OR ITS AUTHORIZED DEALERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES,
CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR
INCIDENTAL DAMAGES, LOST TIME, LOST PROFITS OR LOST SAVINGS, ANY DAMAGES
RESULTING FROM BUSINESS INTERRUPTION, LOST DATA, OR TO BUSINESS AND/OR
PERSONAL REPUTATION, PERSONAL INJURY (INCLUDING DEATH) OR FAILURE TO
MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY ARISING FROM THIS
AGREEMENT, EVEN IF FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS
AND/OR AUTHORIZED DEALERS AND/OR A FUTURE CORPORATION REPRESENTATIVE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR
COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. FUTURE CORPORATION’S
AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS
AUTHORIZED DEALERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE
LIMITED TO THE AMOUNT PAID FOR THIS LICENSE, IF ANY. THIS LIMITATION WILL APPLY
EVEN IN THE EVENT OF A FUNDAMENTAL, MATERIAL OR SERIOUS BREACH OR A
BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. FUTURE
CORPORATION IS ACTING ON BEHALF OF ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS
AUTHORIZED DEALERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND
LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY WITH RESPECT TO THIS LICENSE
ONLY AND FOR NO OTHER PURPOSE OR RESPECT;

8.2.6.2 SUBJECT TO THE RIGHTS PROVIDED TO FUTURE CORPORATION’S SUPPLIERS


AS PROVIDED IN SECTION 8.2.6.1 ABOVE (LIMITATION OF LIABILITY), A PERSON WHO IS
NOT A PARTY TO THIS AGREEMENT SHALL HAVE NO RIGHT UNDER THE CONTRACTS
(RIGHT OF THIRD PARTIES) ACT TO ENFORCE ANY OF ITS TERMS;
8.2.6.3 For the purposes of section 5.1.4 which is replaced in its entirety by section 8.2.6.1 by
section 8.2.6 above, the following words from section 8.2.6.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM YOUR USE OF, OR GETTING, OR
SOURCING TECHNICAL SUPPORT”; and (ii) the following words: “SHALL BE LIMITED TO
THE AMOUNT PAID FOR THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE
LIMITED TO THE AMOUNT PAID FOR TECHNICAL SUPPORT, IF ANY.”; and,

8.2.6.4 For the purposes of section 7.2.5 which is replaced in its entirety by section 8.2.6.1 by
section 8.2.6 above, the following words from section 8.2.6.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM USE OF THE BETA SOFTWARE”;
and (ii) the following words: “SHALL BE LIMITED TO THE AMOUNT PAID FOR THIS LICENSE,
IF ANY.”, are entirely replaced with: “SHALL BE LIMITED TO THE AMOUNT PAID FOR THE
BETA SOFTWARE, IF ANY.”; and,

8.2.6.5 For the purposes of section 7.3.3 which is replaced in its entirety by section 8.2.6.1 by
section 8.2.6 above, the following words from section 8.2.6.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM USE OF THE DEMONSTRATION
SOFTWARE”; and (ii) the following words: “SHALL BE LIMITED TO THE AMOUNT PAID FOR
THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE LIMITED TO THE AMOUNT
PAID FOR THE DEMONSTRATION SOFTWARE, IF ANY.”; and,

8.2.6.6 For the purposes of section 7.5.10 which is replaced in its entirety by section 8.2.6.1 by
section 8.2.6 above, the following words from section 8.2.6.1: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM YOUR USE OF THE SDK OR
FUTURE CORPORATION EXTENSIONS OR DAMAGE ARISING FROM YOUR
PARTICIPATION IN HOSTING OR USE OF THIRD PARTY PRODUCTS, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY”; and (ii) the following words: “SHALL BE LIMITED TO
THE AMOUNT PAID FOR THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE
LIMITED TO THE AMOUNT PAID FOR THIS SDK LICENSE, IF ANY.”;

8.2.7 TAIWAN: LIMITED WARRANTY: SECTION 2.8 AND SECTION 2.8.3 ABOVE IS
DELETED;

8.3 EUROPE, MIDDLE EAST AND AFRICA

8.3.1 EUROPEAN UNION: LIMITED WARRANTY: FOR SECTION 2.8 THROUGH 2.8.4
INCLUSIVE (ABOVE): THE FOLLOWING IS ADDED TO THE END OF THIS SECTION:

8.3.1.1 CONSUMER RIGHTS: IN THE EUROPEAN UNION, CONSUMERS HAVE LEGAL


RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION GOVERNING THE SALE OF
CONSUMER GOODS. SUCH RIGHTS ARE NOT AFFECTED BY THE LIMITED WARRANTY
PROVISION SET OUT ABOVE AT SECTION 2.8 THROUGH 2.8.4 INCLUSIVE OF THIS
AGREEMENT. THE TERRITORIAL SCOPE OF THE LIMITED WARRANTY IS WORLDWIDE;

8.3.2 AUSTRIA, DENMARK, FINLAND, GREECE, ITALY, NETHERLANDS, NORWAY,


PORTUGAL, SPAIN, SWEDEN AND SWITZERLAND: LIMITATION OF LIABILITY: FOR EACH
SECTION 2.10, 5.1.4, 7.2.5, 7.3.3 AND 7.5.10 ABOVE, THE FOLLOWING SECTIONS 8.3.2.1,
8.3.2.2 AND 8.3.2.3 REPLACES EACH SECTION IN ITS ENTIRETY AS SET FORTH BELOW:

8.3.2.1 EXCEPT AS OTHERWISE PROVIDED BY MANDATORY LAW: FUTURE


CORPORATION’S LIABILITY FOR ANY DAMAGES AND LOSSES THAT MAY ARISE AS A
CONSEQUENCE OF THE FULFILMENT OF ITS OBLIGATIONS UNDER OR IN
CONNECTION WITH THIS AGREEMENT OR DUE TO ANY OTHER CAUSE RELATED TO
THIS AGREEMENT IS LIMITED TO THE COMPENSATION OF ONLY THOSE DAMAGES AND
LOSSES PROVED AND ACTUALLY ARISING AS AN IMMEDIATE AND DIRECT
CONSEQUENCE OF THE NON-FULFILMENT OF SUCH OBLIGATIONS (IF FUTURE
CORPORATION IS AT FAULT) OR OF SUCH CAUSE, FOR A MAXIMUM AMOUNT EQUAL TO
THE CHARGES YOU PAID FOR THE SOFTWARE LICENSE;

THE ABOVE LIMITATION SHALL NOT APPLY TO DAMAGES FOR BODILY INJURIES
(INCLUDING DEATH) AND DAMAGES TO REAL PROPERTY AND TANGIBLE PERSONAL
PROPERTY FOR WHICH FUTURE CORPORATION IS LEGALLY LIABLE;

8.3.2.2 UNDER NO CIRCUMSTANCES IS FUTURE CORPORATION, ITS AFFILIATES, ITS


SUPPLIERS AND/OR ITS AUTHORIZED DEALERS, LIABLE FOR ANY OF THE FOLLOWING,
EVEN IF INFORMED OF THEIR POSSIBILITY: (I) LOSS OF, OR DAMAGE TO, DATA; (II)
INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL
DAMAGES; (III) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE
OF THE EVENT THAT GENERATED THE DAMAGES; OR (IV) LOSS OF BUSINESS,
REVENUE, GOODWILL, OR ANTICIPATED SAVINGS;

8.3.2.3 THE LIMITATION AND EXCLUSION OF LIABILITY HEREIN AGREED APPLIES NOT
ONLY TO THE ACTIVITIES PERFORMED BY FUTURE CORPORATION BUT ALSO TO THE
ACTIVITIES PERFORMED BY ITS AFFILIATES, ITS SUPPLIERS AND AUTHORIZED
DEALERS, AND REPRESENTS THE MAXIMUM AMOUNT FOR WHICH FUTURE
CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS,
ARE COLLECTIVELY RESPONSIBLE;

8.3.3 FRANCE AND BELGIUM: LIMITATION OF LIABILITY: FOR EACH SECTION 2.10, 5.1.4,
7.2.5, 7.3.3 AND 7.5.10 ABOVE, THE FOLLOWING SECTIONS 8.3.3.1, 8.3.3.2 AND 8.3.3.3
REPLACES EACH SECTION IN ITS ENTIRETY AS SET FORTH BELOW:

8.3.3.1 EXCEPT AS OTHERWISE PROVIDED BY MANDATORY LAW: FUTURE


CORPORATION’S LIABILITY FOR ANY DAMAGES AND LOSSES THAT MAY ARISE AS A
CONSEQUENCE OF THE FULFILMENT OF ITS OBLIGATIONS UNDER OR IN
CONNECTION WITH THIS AGREEMENT IS LIMITED TO THE COMPENSATION OF ONLY
THOSE DAMAGES AND LOSSES PROVED AND ACTUALLY ARISING AS AN IMMEDIATE
AND DIRECT CONSEQUENCE OF THE NON-FULFILMENT OF SUCH OBLIGATIONS (IF
FUTURE CORPORATION IS AT FAULT), FOR A MAXIMUM AMOUNT EQUAL TO THE
CHARGES YOU PAID FOR THE SOFTWARE LICENSE THAT HAS CAUSED THE DAMAGES;

THE ABOVE LIMITATION SHALL NOT APPLY TO DAMAGES FOR BODILY INJURIES
(INCLUDING DEATH) AND DAMAGES TO REAL PROPERTY AND TANGIBLE PERSONAL
PROPERTY FOR WHICH FUTURE CORPORATION IS LEGALLY LIABLE;

8.3.3.2 UNDER NO CIRCUMSTANCES IS FUTURE CORPORATION, ITS AFFILIATES, ITS


SUPPLIERS AND/OR ITS AUTHORIZED DEALERS, LIABLE FOR ANY OF THE FOLLOWING,
EVEN IF INFORMED OF THEIR POSSIBILITY: (I) LOSS OF, OR DAMAGE TO, DATA; (II)
INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL
DAMAGES; (III) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE
OF THE EVENT THAT GENERATED THE DAMAGES; OR (IV) LOSS OF BUSINESS,
REVENUE, GOODWILL, OR ANTICIPATED SAVINGS;

8.3.3.3 THE LIMITATION AND EXCLUSION OF LIABILITY HEREIN AGREED APPLIES NOT
ONLY TO THE ACTIVITIES PERFORMED BY FUTURE CORPORATION BUT ALSO TO THE
ACTIVITIES PERFORMED BY ITS AFFILIATES, ITS SUPPLIERS AND AUTHORIZED
DEALERS, AND REPRESENTS THE MAXIMUM AMOUNT FOR WHICH FUTURE
CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS,
ARE COLLECTIVELY RESPONSIBLE;

8.3.4 AUSTRIA: LIMITED WARRANTY: FOR EACH SECTION 2.8, 2.8.1, 2.8.2, 2.8.3, 2.8.4,
5.1.3, 7.2.4, 7.3.2 AND 7.5.9 ABOVE, THE FOLLOWING SECTIONS 8.3.4.1, 8.3.4.2, 8.3.4.3
AND 8.3.4.4 REPLACES THESE SECTIONS IN THEIR ENTIRETY AS SET FORTH BELOW:

8.3.4.1 LIMITED WARRANTY: FUTURE CORPORATION WARRANTS TO THE INDIVIDUAL


OR LEGAL ENTITY THAT FIRST PURCHASES A LICENSE FOR THE SOFTWARE FOR USE
PURSUANT TO THE TERMS OF THIS AGREEMENT THAT FOR NORMAL USE THE
SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE SOFTWARE’S
PUBLISHED FUNCTIONALITY AND WILL BE FREE FROM DEFECT IN MATERIALS AND
WORKMANSHIP FOR ONE (1) YEAR FOR BUSINESS USERS AND TWO (2) YEARS FOR
INDIVIDUAL USERS FROM THE DATE OF PURCHASE ONLY WHEN USED WITH THE
RECOMMENDED OPERATING SYSTEM AND HARDWARE CONFIGURATION FOR THE
SOFTWARE AS SET OUT IN THE SOFTWARE’S DOCUMENTATION AND/OR AT FUTURE
CORPORATION’S INTERNET SITE;

8.3.4.2 EXCLUSIONS FROM WARRANTY: THIS LIMITED WARRANTY DOES NOT APPLY
TO: BETA, DEMONSTRATION, EVALUATION, FREE-TRIAL, PRE-RELEASE, PRODUCT
SAMPLER, TRY-OUT, SDK, OR NOT FOR RESALE VERSIONS OF THE SOFTWARE OR
FUTURE CORPORATION ONLINE SERVICES, FUTURE CORPORATION TECHNICAL
SUPPORT, FUTURE CORPORATION LIVE UPDATE, FUTURE CORPORATION INTERNET
SITES, OR THE SOFTWARE’S INTERACTIVE AGENTS. THIS WARRANTY DOES NOT
COVER PROBLEMS CAUSED BY: (A) YOUR ACTS OR OMISSIONS (FAILURES TO ACT);
AND/OR (B) THE ACTS OF OTHERS (INCLUDING THIRD PARTIES); AND/OR (C)
MALICIOUS SOFTWARE (INCLUDING BUT NOT LIMITED TO MALWARE, TROJANS,
VIRUSES OR WORMS); AND/OR (D) INCORRECTLY OR IMPROPERLY CONFIGURED
THIRD PARTY SOFTWARE (INCLUDING BUT NOT LIMITED TO THE OPERATING SYSTEM,
ANTIVIRUS AND/OR ANY INTERNAL OR EXTERNAL NETWORK); AND/OR (E) EVENTS
BEYOND FUTURE CORPORATION’S REASONABLE CONTROL. FURTHER YOU HEREBY
ACKNOWLEDGE AND AGREE THAT INSUBSTANTIAL OR MINOR VARIATION OF
PERFORMANCE FROM THE SOFTWARE’S PUBLISHED FUNCTIONALITY OR YOUR
INABILITY TO CORRECTLY USE THE SOFTWARE OR OPERATING SYSTEM (COMPUTER
ILLITERACY) DOES NOT ON ITS OWN ESTABLISH A WARRANTY RIGHT;

8.3.4.3 REMEDY FOR BREACH OF WARRANTY: FUTURE CORPORATION WILL REPAIR


OR REPLACE THE SOFTWARE AT NO CHARGE. IF FUTURE CORPORATION CANNOT
REPAIR OR REPLACE IT, FUTURE CORPORATION WILL REFUND THE AMOUNT SHOWN
ON YOUR RECEIPT FOR THE SOFTWARE. FUTURE CORPORATION WILL ALSO REPAIR
OR REPLACE PATCHES, SERVICE PACKS, UPDATES, UPGRADES AND CONVERSION
SOFTWARE AT NO CHARGE. IF FUTURE CORPORATION CANNOT REPAIR OR REPLACE
THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST
UNINSTALL AND WHERE APPLICABLE DEACTIVATE AND/OR DEREGISTER THE
SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS INCLUDING
THE HARDWARE SECURITY DEVICE (IF APPLICABLE) TO FUTURE CORPORATION WITH
PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR
BREACH OF THE LIMITED WARRANTY AND IS OUR SOLE OBLIGATION TO YOU, EXCEPT
AS OTHERWISE REQUIRED BY APPLICABLE STATUTORY LAW;
8.3.4.4 WARRANTY PROCEDURES: ALL WARRANTY CLAIMS MUST BE MADE, ALONG
WITH PROOF OF PURCHASE, TO THE FUTURE CORPORATION CUSTOMER SUPPORT
DEPARTMENT WITHIN THE WARRANTY PERIOD AS SET FORTH IN SECTION 8.3.4.1
ABOVE. VISIT THE FUTURE CORPORATION CUSTOMER SUPPORT PAGES FOR MORE
INFORMATION ABOUT WARRANTY CLAIMS AT: http://www.iifuture.com/en/support.html;

8.3.5 GERMANY: LIMITED WARRANTY: FOR EACH SECTION 2.8, 2.8.1, 2.8.2, 2.8.3, 2.8.4,
5.1.3, 7.2.4, 7.3.2 AND 7.5.9 ABOVE, THE FOLLOWING SECTIONS 8.3.5.1, 8.3.5.2, 8.3.5.3
AND 8.3.5.4 REPLACES THESE SECTIONS IN THEIR ENTIRETY AS SET FORTH BELOW:

8.3.5.1 LIMITED WARRANTY: FUTURE CORPORATION WARRANTS TO THE INDIVIDUAL


OR LEGAL ENTITY THAT FIRST PURCHASES A LICENSE FOR THE SOFTWARE FOR USE
PURSUANT TO THE TERMS OF THIS AGREEMENT THAT FOR NORMAL USE THE
SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE SOFTWARE’S
PUBLISHED FUNCTIONALITY AND WILL BE FREE FROM DEFECT IN MATERIALS AND
WORKMANSHIP FOR ONE (1) YEAR FOR BUSINESS USERS AND TWO (2) YEARS FOR
INDIVIDUAL USERS FROM THE DATE OF PURCHASE ONLY WHEN USED WITH THE
RECOMMENDED OPERATING SYSTEM AND HARDWARE CONFIGURATION FOR THE
SOFTWARE AS SET OUT IN THE SOFTWARE’S DOCUMENTATION AND/OR AT FUTURE
CORPORATION’S INTERNET SITE;

8.3.5.2 EXCLUSIONS FROM WARRANTY: THIS LIMITED WARRANTY DOES NOT APPLY
TO: BETA, DEMONSTRATION, EVALUATION, FREE-TRIAL, PRE-RELEASE, PRODUCT
SAMPLER, TRY-OUT, SDK, OR NOT FOR RESALE VERSIONS OF THE SOFTWARE OR
FUTURE CORPORATION ONLINE SERVICES, FUTURE CORPORATION TECHNICAL
SUPPORT, FUTURE CORPORATION LIVE UPDATE, FUTURE CORPORATION INTERNET
SITES, OR THE SOFTWARE’S INTERACTIVE AGENTS. THIS WARRANTY DOES NOT
COVER PROBLEMS CAUSED BY: (A) YOUR ACTS OR OMISSIONS (FAILURES TO ACT);
AND/OR (B) THE ACTS OF OTHERS (INCLUDING THIRD PARTIES); AND/OR (C)
MALICIOUS SOFTWARE (INCLUDING BUT NOT LIMITED TO MALWARE, TROJANS,
VIRUSES OR WORMS); AND/OR (D) INCORRECTLY OR IMPROPERLY CONFIGURED
THIRD PARTY SOFTWARE (INCLUDING BUT NOT LIMITED TO THE OPERATING SYSTEM,
ANTIVIRUS AND/OR ANY INTERNAL OR EXTERNAL NETWORK); AND/OR (E) EVENTS
BEYOND FUTURE CORPORATION’S REASONABLE CONTROL. FURTHER YOU HEREBY
ACKNOWLEDGE AND AGREE THAT INSUBSTANTIAL OR MINOR VARIATION OF
PERFORMANCE FROM THE SOFTWARE’S PUBLISHED FUNCTIONALITY OR YOUR
INABILITY TO CORRECTLY USE THE SOFTWARE OR OPERATING SYSTEM (COMPUTER
ILLITERACY) DOES NOT ON ITS OWN ESTABLISH A WARRANTY RIGHT;

8.3.5.3 REMEDY FOR BREACH OF WARRANTY: FUTURE CORPORATION WILL REPAIR


OR REPLACE THE SOFTWARE AT NO CHARGE. IF FUTURE CORPORATION CANNOT
REPAIR OR REPLACE IT, FUTURE CORPORATION WILL REFUND THE AMOUNT SHOWN
ON YOUR RECEIPT FOR THE SOFTWARE. FUTURE CORPORATION WILL ALSO REPAIR
OR REPLACE PATCHES, SERVICE PACKS, UPDATES, UPGRADES AND CONVERSION
SOFTWARE AT NO CHARGE. IF FUTURE CORPORATION CANNOT REPAIR OR REPLACE
THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST
UNINSTALL AND WHERE APPLICABLE DEACTIVATE AND/OR DEREGISTER THE
SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS INCLUDING
THE HARDWARE SECURITY DEVICE (IF APPLICABLE) TO FUTURE CORPORATION WITH
PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR
BREACH OF THE LIMITED WARRANTY AND IS OUR SOLE OBLIGATION TO YOU, EXCEPT
AS OTHERWISE REQUIRED BY APPLICABLE STATUTORY LAW;
8.3.5.4 WARRANTY PROCEDURES: ALL WARRANTY CLAIMS MUST BE MADE, ALONG
WITH PROOF OF PURCHASE, TO THE FUTURE CORPORATION CUSTOMER SUPPORT
DEPARTMENT WITHIN THE WARRANTY PERIOD AS SET FORTH IN SECTION 8.3.5.1
ABOVE. VISIT THE FUTURE CORPORATION CUSTOMER SUPPORT PAGES FOR MORE
INFORMATION ABOUT WARRANTY CLAIMS AT: http://www.iifuture.com/en/support.html;

8.3.5.5 GERMANY: LIMITATION OF LIABILITY: FOR EACH SECTION 2.10, 5.1.4, 7.2.5, 7.3.3
AND 7.5.10 ABOVE: THE FOLLOWING IS ADDED TO THE END OF THESE SECTIONS:

8.3.5.6 THE LIMITATIONS AND EXCLUSIONS SPECIFIED IN THIS SECTION WILL NOT
APPLY TO DAMAGES CAUSED BY FUTURE CORPORATION, ITS AFFILIATES, ITS
SUPPLIERS AND/OR ITS AUTHORIZED DEALERS INTENTIONALLY OR BY GROSS
NEGLIGENCE;

8.3.5.7 GERMANY: General Provisions: For Section 3 above: The following replaces section 3.6
in its entirety: LIMITATION TO BRING AN ACTION: You acknowledge and agree with Future
Corporation, its Affiliates, and/or its Authorized Dealers that any claims resulting from this
Agreement are subject to a statute of limitation of three (3) years, except as stated in Section
8.3.5.1 (Limited Warranty) of this Agreement;

8.3.6 HUNGARY: LIMITATION OF LIABILITY: FOR EACH SECTION 2.10, 5.1.4, 7.2.5, 7.3.3
AND 7.5.10 ABOVE: THE FOLLOWING IS ADDED TO THE END OF THESE SECTIONS:

8.3.6.1 THE LIMITATION AND EXCLUSION SPECIFIED HEREIN SHALL NOT APPLY TO
LIABILITY FOR A BREACH OF CONTRACT DAMAGING LIFE, PHYSICAL WELL-BEING, OR
HEALTH THAT HAS BEEN CAUSED INTENTIONALLY, BY GROSS NEGLIGENCE, OR BY A
CRIMINAL ACT;

8.3.6.2 THE PARTIES ACCEPT THE LIMITATIONS OF LIABILITY AS VALID PROVISIONS


AND STATE THAT THE SECTION 314.(2) OF THE HUNGARIAN CIVIL CODE APPLIES AS
THE ACQUISITION PRICE AS WELL AS OTHER ADVANTAGES ARISING OUT OF THE
PRESENT AGREEMENT BALANCE THIS LIMITATION OF LIABILITY;

8.3.7 IRELAND: LIMITED WARRANTY: FOR EACH SECTION 2.8, 2.8.1, 2.8.2, 2.8.3, 2.8.4,
5.1.3, 7.2.4, 7.3.2 AND 7.5.9 ABOVE: THE FOLLOWING IS ADDED TO THE END OF THESE
SECTIONS:

8.3.7.1 EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL


STATUTORY CONDITIONS, INCLUDING ALL WARRANTIES IMPLIED, BUT WITHOUT
PREJUDICE TO THE GENERALITY OF THE FOREGOING, ALL WARRANTIES IMPLIED BY
THE SALE OF GOODS ACT 1893 OR THE SALE OF GOODS AND SUPPLY OF SERVICES
ACT 1980 ARE HEREBY EXCLUDED;

8.3.7.2 IRELAND: General Provisions: For Section 3 above, The following replaces section 3.6
in its entirety: LIMITATION TO BRING AN ACTION: You acknowledge and agree with Future
Corporation, its Affiliates, and/or its Authorized Dealers that any claims resulting from this
Agreement are subject to a statute of limitation of one (1) year, except as stated in section
8.3.7.1 (Limited Warranty) of this Agreement;

8.3.7.3 IRELAND: LIMITATION OF LIABILITY: FOR EACH SECTION 2.10, 5.1.4, 7.2.5, 7.3.3
AND 7.5.10 ABOVE, THE FOLLOWING SECTION 8.3.7.4 AND SECTIONS 8.3.7.5, 8.3.7.6,
8.3.7.7 AND 8.3.7.8 REPLACES EACH SECTION IN ITS ENTIRETY AS SET FORTH BELOW:
8.3.7.4 LIMITATION OF LIABILITY: EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH
ABOVE, IN NO EVENT WILL FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS
AND/OR ITS AUTHORIZED DEALERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES,
CLAIMS OR COSTS WHATSOEVER INCLUDING ANY SPECIAL, CONSEQUENTIAL,
INDIRECT OR INCIDENTAL DAMAGES, LOST TIME, LOST PROFITS OR LOST SAVINGS,
ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, LOST DATA, OR TO
BUSINESS AND/OR PERSONAL REPUTATION, PERSONAL INJURY (INCLUDING DEATH)
OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY ARISING
FROM THIS AGREEMENT, EVEN IF FUTURE CORPORATION, ITS AFFILIATES, ITS
SUPPLIERS AND/OR AUTHORIZED DEALERS AND/OR A FUTURE CORPORATION
REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS OR COSTS. NOTWITHSTANDING THE FOREGOING PARAGRAPH
NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE FUTURE CORPORATION’S
LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY FUTURE CORPORATION’S
NEGLIGENCE OR IN RESPECT OF FRAUD OR OF ANY STATEMENTS MADE
FRAUDULENTLY BY FUTURE CORPORATION OR ITS AFFILIATES, DIRECTORS,
OFFICERS, EMPLOYEES, CONTRACTORS AND/OR ITS AUTHORIZED DEALERS. THE
FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW IN IRELAND. FUTURE CORPORATION’S AGGREGATE LIABILITY AND
THAT OF ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS UNDER
OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID
FOR THIS LICENSE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A
FUNDAMENTAL, MATERIAL OR SERIOUS BREACH OR A BREACH OF THE FUNDAMENTAL
OR MATERIAL TERMS OF THIS AGREEMENT. FUTURE CORPORATION IS ACTING ON
BEHALF OF ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS FOR
THE PURPOSE OF DISCLAIMING, EXCLUDING AND LIMITING OBLIGATIONS,
WARRANTIES AND LIABILITY WITH RESPECT TO THIS LICENSE ONLY AND FOR NO
OTHER PURPOSE OR RESPECT AND IN NO EVENT WILL FUTURE CORPORATION BE
LIABLE FOR ANY CLAIMS, DEMANDS OR ACTIONS OF ANY NATURE BROUGHT BY ANY
THIRD PARTY AGAINST YOU;

8.3.7.5 For the purposes of section 5.1.4 which is replaced in its entirety by section 8.3.7.4 by
section 8.3.7.3 above, the following words from section 8.3.7.4: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM YOUR USE OF, OR GETTING, OR
SOURCING TECHNICAL SUPPORT”; and (ii) the following words: “SHALL BE LIMITED TO
THE AMOUNT PAID FOR THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE
LIMITED TO THE AMOUNT PAID FOR TECHNICAL SUPPORT, IF ANY.”; and,

8.3.7.6 For the purposes of section 7.2.5 which is replaced in its entirety by section 8.3.7.4 by
section 8.3.7.3 above, the following words from section 8.3.7.4: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM USE OF THE BETA SOFTWARE”;
and (ii) the following words: “SHALL BE LIMITED TO THE AMOUNT PAID FOR THIS LICENSE,
IF ANY.”, are entirely replaced with: “SHALL BE LIMITED TO THE AMOUNT PAID FOR THE
BETA SOFTWARE, IF ANY.”; and,

8.3.7.7 For the purposes of section 7.3.3 which is replaced in its entirety by section 8.3.7.4 by
section 8.3.7.3 above, the following words from section 8.3.7.4: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM USE OF THE DEMONSTRATION
SOFTWARE”; and (ii) the following words: “SHALL BE LIMITED TO THE AMOUNT PAID FOR
THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE LIMITED TO THE AMOUNT
PAID FOR THE DEMONSTRATION SOFTWARE, IF ANY.”; and,
8.3.7.8 For the purposes of section 7.5.10 which is replaced in its entirety by section 8.3.7.4 by
section 8.3.7.3 above, the following words from section 8.3.7.4: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM YOUR USE OF THE SDK OR
FUTURE CORPORATION EXTENSIONS OR DAMAGE ARISING FROM YOUR
PARTICIPATION IN HOSTING OR USE OF THIRD PARTY PRODUCTS, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY”; and (ii) the following words: “SHALL BE LIMITED TO
THE AMOUNT PAID FOR THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE
LIMITED TO THE AMOUNT PAID FOR THIS SDK LICENSE, IF ANY.”;

8.3.8 ITALY: GENERAL PROVISIONS: FOR SECTION 3 ABOVE: THE FOLLOWING IS


ADDED TO THE END OF THIS SECTION:

8.3.8.1 MUTUAL OBLIGATIONS: Future Corporation, its Affiliates and/or its Authorized Dealers
and You (hereinafter, individually “Party”) shall comply with all the obligations of the applicable
provisions of law and/or regulation on personal data protection. Each of the Parties will
indemnify and keep the other Party harmless from any damage, claim, cost or expense incurred
by the latter, directly and or indirectly, as a consequence of an infringement of the other Party of
the mentioned provisions of law and/or regulations;

8.3.9 SLOVAKIA: LIMITATION OF LIABILITY: FOR EACH SECTION 2.10, 5.1.4, 7.2.5, 7.3.3
AND 7.5.10 ABOVE: the following words: “THIS LIMITATION OF LIABILITY MAY NOT BE
VALID IN SOME JURISDICTIONS.”, are entirely replaced with: “THE LIMITATIONS APPLY TO
THE EXTENT THEY ARE NOT PROHIBITED UNDER SECTIONS 373 THROUGH 386 OF THE
SLOVAK COMMERCIAL CODE;

8.3.9.1 SLOVAKIA: General Provisions: For Section 3 above, The following replaces section 3.6
in its entirety: LIMITATION TO BRING AN ACTION: You acknowledge and agree with Future
Corporation, its Affiliates, and/or its Authorized Dealers that any claims resulting from this
Agreement are subject to a statute of limitation of four (4) years, from the date on which the
cause of action arose;

8.3.10 SOUTH AFRICA, NAMIBIA, LESOTHO, SWAZILAND: LIMITED WARRANTY: FOR


EACH SECTION 2.8, 2.8.1, 2.8.2, 2.8.3, 2.8.4, 5.1.3, 7.2.4, 7.3.2 AND 7.5.9 ABOVE: THE
FOLLOWING IS ADDED TO THE END OF THESE SECTIONS:

8.3.10.1 NOTWITHSTANDING ANY ADVICE OR ASSISTANCE THAT FUTURE


CORPORATION MAY HAVE GIVEN TO YOU PRIOR TO THE SELECTION OF SUCH
SOFTWARE;

8.3.11 UNITED KINGDOM: LIMITED WARRANTY: FOR EACH SECTION 2.8, 2.8.1, 2.8.2,
2.8.3, 2.8.4, 5.1.3, 7.2.4, 7.3.2 AND 7.5.9 ABOVE: THE FOLLOWING SECTIONS 8.3.11.1,
8.3.11.2, 8.3.11.3, 8.3.11.4 AND 8.3.11.5 REPLACES THESE SECTIONS IN THEIR ENTIRETY
AS SET FORTH BELOW:

8.3.11.1 LIMITED WARRANTY: FUTURE CORPORATION WARRANTS TO THE INDIVIDUAL


OR LEGAL ENTITY THAT FIRST PURCHASES A LICENSE FOR THE SOFTWARE FOR USE
PURSUANT TO THE TERMS OF THIS AGREEMENT THAT THE SOFTWARE WILL
PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE SOFTWARE’S PUBLISHED
FUNCTIONALITY AND WILL BE FREE FROM DEFECT IN MATERIALS AND WORKMANSHIP
FOR ONE (1) YEAR FROM THE DATE OF PURCHASE WHEN USED ONLY WITH THE
RECOMMENDED OPERATING SYSTEM AND HARDWARE CONFIGURATION FOR THE
SOFTWARE AS SET OUT IN THE SOFTWARE’S DOCUMENTATION AND/OR AT FUTURE
CORPORATION’S INTERNET SITE;

8.3.11.2 EXCLUSIONS FROM WARRANTY: THIS LIMITED WARRANTY DOES NOT APPLY
TO: BETA, DEMONSTRATION, EVALUATION, FREE-TRIAL, PRE-RELEASE, PRODUCT
SAMPLER, TRY-OUT, SDK, OR NOT FOR RESALE VERSIONS OF THE SOFTWARE OR
FUTURE CORPORATION ONLINE SERVICES, FUTURE CORPORATION TECHNICAL
SUPPORT, FUTURE CORPORATION LIVE UPDATE, FUTURE CORPORATION INTERNET
SITES, OR THE SOFTWARE’S INTERACTIVE AGENTS. THIS WARRANTY DOES NOT
COVER PROBLEMS CAUSED BY: (A) YOUR ACTS OR OMISSIONS (FAILURES TO ACT);
AND/OR (B) THE ACTS OF OTHERS (INCLUDING THIRD PARTIES); AND/OR (C)
MALICIOUS SOFTWARE (INCLUDING BUT NOT LIMITED TO MALWARE, TROJANS,
VIRUSES OR WORMS); AND/OR (D) INCORRECTLY OR IMPROPERLY CONFIGURED
THIRD PARTY SOFTWARE (INCLUDING BUT NOT LIMITED TO THE OPERATING SYSTEM,
ANTIVIRUS AND/OR ANY INTERNAL OR EXTERNAL NETWORK); AND/OR (E) EVENTS
BEYOND FUTURE CORPORATION’S REASONABLE CONTROL. FURTHER YOU HEREBY
ACKNOWLEDGE AND AGREE THAT INSUBSTANTIAL OR MINOR VARIATION OF
PERFORMANCE FROM THE SOFTWARE’S PUBLISHED FUNCTIONALITY OR YOUR
INABILITY TO CORRECTLY USE THE SOFTWARE OR OPERATING SYSTEM (COMPUTER
ILLITERACY) DOES NOT ON ITS OWN ESTABLISH A WARRANTY RIGHT;

8.3.11.3 REMEDY FOR BREACH OF WARRANTY: FUTURE CORPORATION WILL REPAIR


OR REPLACE THE SOFTWARE AT NO CHARGE. IF FUTURE CORPORATION CANNOT
REPAIR OR REPLACE IT, FUTURE CORPORATION WILL REFUND THE AMOUNT SHOWN
ON YOUR RECEIPT FOR THE SOFTWARE. FUTURE CORPORATION WILL ALSO REPAIR
OR REPLACE PATCHES, SERVICE PACKS, UPDATES, UPGRADES AND CONVERSION
SOFTWARE AT NO CHARGE. IF FUTURE CORPORATION CANNOT REPAIR OR REPLACE
THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST
UNINSTALL AND WHERE APPLICABLE DEACTIVATE AND/OR DEREGISTER THE
SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS INCLUDING
THE HARDWARE SECURITY DEVICE (IF APPLICABLE) TO FUTURE CORPORATION WITH
PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR
BREACH OF THE LIMITED WARRANTY AND IS OUR SOLE OBLIGATION TO YOU, EXCEPT
AS OTHERWISE REQUIRED BY APPLICABLE STATUTORY LAW;

8.3.11.4 WARRANTY PROCEDURES: ALL WARRANTY CLAIMS MUST BE MADE, ALONG


WITH PROOF OF PURCHASE, TO THE FUTURE CORPORATION CUSTOMER SUPPORT
DEPARTMENT WITHIN THE WARRANTY PERIOD AS SET FORTH IN SECTION 8.3.11.1
ABOVE. VISIT THE FUTURE CORPORATION CUSTOMER SUPPORT PAGES FOR MORE
INFORMATION ABOUT WARRANTY CLAIMS AT: http://www.iifuture.com/en/support.html;

8.3.11.5 THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL
OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;

8.3.11.6 UNITED KINGDOM: LIMITATION OF LIABILITY: FOR EACH SECTION 2.10, 5.1.4,
7.2.5, 7.3.3 AND 7.5.10 ABOVE, THE FOLLOWING SECTION 8.3.11.7 AND SECTIONS
8.3.11.8, 8.3.11.9, 8.3.11.10, AND 8.3.11.11 REPLACES EACH SECTION IN ITS ENTIRETY AS
SET FORTH BELOW:

8.3.11.7 LIMITATION OF LIABILITY: EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH
ABOVE, IN NO EVENT WILL FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS
AND/OR ITS AUTHORIZED DEALERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES,
CLAIMS OR COSTS WHATSOEVER INCLUDING ANY SPECIAL, CONSEQUENTIAL,
INDIRECT OR INCIDENTAL DAMAGES, LOST TIME, LOST PROFITS OR LOST SAVINGS,
ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, LOST DATA, OR TO
BUSINESS AND/OR PERSONAL REPUTATION, PERSONAL INJURY (INCLUDING DEATH)
OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY ARISING
FROM THIS AGREEMENT, EVEN IF FUTURE CORPORATION, ITS AFFILIATES, ITS
SUPPLIERS AND/OR AUTHORIZED DEALERS AND/OR A FUTURE CORPORATION
REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS OR COSTS. NOTWITHSTANDING THE FOREGOING PARAGRAPH
NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE FUTURE CORPORATION’S
LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY FUTURE CORPORATION’S
NEGLIGENCE OR IN RESPECT OF FRAUD OR OF ANY STATEMENTS MADE
FRAUDULENTLY BY FUTURE CORPORATION OR ITS AFFILIATES, DIRECTORS,
OFFICERS, EMPLOYEES, CONTRACTORS AND/OR ITS AUTHORIZED DEALERS OR ANY
BREACH OF ITS OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT
1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982, OR ANY
STATUTORY MODIFICATION OR RE-ENACTMENT OF EITHER SUCH SECTION. THE
FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW IN THE UNITED KINGDOM. FUTURE CORPORATION’S AGGREGATE
LIABILITY AND THAT OF ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORIZED
DEALERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO
THE AMOUNT PAID FOR THIS LICENSE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN
THE EVENT OF A FUNDAMENTAL, MATERIAL OR SERIOUS BREACH OR A BREACH OF
THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. FUTURE
CORPORATION IS ACTING ON BEHALF OF ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS
AUTHORIZED DEALERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND
LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY WITH RESPECT TO THIS LICENSE
ONLY AND FOR NO OTHER PURPOSE OR RESPECT AND IN NO EVENT WILL FUTURE
CORPORATION BE LIABLE FOR ANY CLAIMS, DEMANDS OR ACTIONS OF ANY NATURE
BROUGHT BY ANY THIRD PARTY AGAINST YOU;

8.3.11.8 For the purposes of section 5.1.4 which is replaced in its entirety by section 8.3.11.7 by
section 8.3.11.6 above, the following words from section 8.3.11.7: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM YOUR USE OF, OR GETTING, OR
SOURCING TECHNICAL SUPPORT”; and (ii) the following words: “SHALL BE LIMITED TO
THE AMOUNT PAID FOR THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE
LIMITED TO THE AMOUNT PAID FOR TECHNICAL SUPPORT, IF ANY.”; and,

8.3.11.9 For the purposes of section 7.2.5 which is replaced in its entirety by section 8.3.11.7 by
section 8.3.11.6 above, the following words from section 8.3.11.7: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM USE OF THE BETA SOFTWARE”;
and (ii) the following words: “SHALL BE LIMITED TO THE AMOUNT PAID FOR THIS LICENSE,
IF ANY.”, are entirely replaced with: “SHALL BE LIMITED TO THE AMOUNT PAID FOR THE
BETA SOFTWARE, IF ANY.”; and,

8.3.11.10 For the purposes of section 7.3.3 which is replaced in its entirety by section 8.3.11.7
by section 8.3.11.6 above, the following words from section 8.3.11.7: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM USE OF THE DEMONSTRATION
SOFTWARE”; and (ii) the following words: “SHALL BE LIMITED TO THE AMOUNT PAID FOR
THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE LIMITED TO THE AMOUNT
PAID FOR THE DEMONSTRATION SOFTWARE, IF ANY.”; and,

8.3.11.11 For the purposes of section 7.5.10 which is replaced in its entirety by section 8.3.11.7
by section 8.3.11.6 above, the following words from section 8.3.11.7: (i) “ARISING FROM THIS
AGREEMENT”, are entirely replaced with: “ARISING FROM YOUR USE OF THE SDK OR
FUTURE CORPORATION EXTENSIONS OR DAMAGE ARISING FROM YOUR
PARTICIPATION IN HOSTING OR USE OF THIRD PARTY PRODUCTS, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY”; and (ii) the following words: “SHALL BE LIMITED TO
THE AMOUNT PAID FOR THIS LICENSE, IF ANY.”, are entirely replaced with: “SHALL BE
LIMITED TO THE AMOUNT PAID FOR THIS SDK LICENSE, IF ANY.”;

8.4 OCEANIA

8.4.1 NEW ZEALAND: LIMITED WARRANTY: FOR EACH SECTION 2.8, 2.8.1, 2.8.2, 2.8.3,
2.8.4, 5.1.3, 7.2.4, 7.3.2 AND 7.5.9 ABOVE: THE FOLLOWING IS ADDED AT THE END OF
THESE SECTIONS:

The warranties specified in this section are in addition to any rights you may have under the
Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The
Consumer Guarantees Act 1993 will not apply in respect of any goods which Future Corporation
provides, if you require the goods for the purposes of a business as defined in that Act;

8.4.1.1 NEW ZEALAND: LIMITATION OF LIABILITY: FOR EACH SECTION 2.10, 5.1.4, 7.2.5,
7.3.3 AND 7.5.10 ABOVE: THE FOLLOWING IS ADDED AT THE END OF THESE SECTIONS:

Where the Software is not acquired for the purposes of a business as defined in the Consumer
Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.

Last Revised January 2013, © 1988-2013 a Future Corporation Pty. Ltd. All rights reserved.

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