Appendix C:
Apposite End User License Agreement
15
A
PPENDIX
C:
A
PPOSITE
E
ND
U
SER
L
ICENSE
A
GREEMENT
THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEME
NT BETWEEN YOU AND APPOSITE
TECHNOLOGIES LLC (“APPOSITE”). BY DOWNLOADING, INSTALLING, COPYING, ACCESSING OR USING THIS
SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON
BEHALF OF ANOTHER PERSON OR COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT
YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THESE TERMS. IF YOU DO
NOT AGREE TO THESE TERMS, ARE NOT AT LEAST 18 YEARS OF AGE, OR DO NOT HAVE AUTHORITY TO ENTER
THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS OR USE THIS SOFTWARE, AND PROMPTLY
RETURN THIS SOFTWARE AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM YOU ACQUIRED THEM.
1. DEFINITIONS.
a.
"Documentation" means published user manuals and other explanatory materials provided by Apposite
relating to the Software or the Hardware.
b.
“Hardware” means the Apposite
-branded hardware product on which the Software is designed to run.
c.
“Software” means the computer software (regardless of format or media in which distributed) designed
to run on the Hardware.
d.
“Modifications” means any applicable upgrades, modified versions, updates, bug fixes, patches, or other
modifications to the Software made generally available by Apposite to its customers.
e.
“Product” means the Apposite
-branded product comprised of the Hardware, the Software, and the
Documentation.
f.
“Legacy Product” means any Product purchased prior to August 1, 2017.
g.
“License Period” means for any Product that is not a Legacy Product, the license period identified on the
relevant order form or receipt upon your purchase of the Product or the Software, including any
purchased extension thereto.
h.
“Warranty Period” means (a) for any Legacy Product, the period during which you maintain a continuous,
active subscription to Apposite maintenance services, or (b) for any Product that is not a Legacy
Product, the License Period, unless such Product has a perpetual license, in which case the Warranty
Period shall be five (5) years from the date of purchase of the Product from Apposite unless extended by
purchase of maintenance services.
2.
LICENSE GRANT.
Conditioned upon compliance with the terms and conditions of this Agreement, Apposite
hereby grants you the following licenses (collectively, the “License”):
a.
With respect to any Product that is not a Legacy Product, for the relevant License Period, a nonexclusive,
nonsublicensable, nontransferable license to use the Software and Modifications solely as embedded in
the Hardware, and to use the Documentation solely in conjunction with the Software, Modifications, and
Hardware; and
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