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SOFTWARE LICENSE AGREEMENT
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ATTEMPTING TO
DOWNLOAD, INSTALL, OR USE THE SOFTWARE. BY DOWNLOADING, INSTALLING, OR
USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD,
INSTALL, OR USE THE SOFTWARE. IN SUCH A CIRCUMSTANCE, THE SOFTWARE MAY
BE RETURNED WITHIN THIRTY (30) DAYS OF YOUR RECEIPT FOR A FULL SOFTWARE
REFUND. YOU REPRESENT THAT YOU (I) ARE NOT LOCATED IN, UNDER THE CONTROL
OF, OR A NATIONAL RESIDENT OF ANY COUNTRY TO WHICH THE UNITED STATES HAS
EMBARGOED GOODS, (II) ARE NOT ON THE U.S. TREASURY DEPARTMENT'S LIST OF
SPECIALLY DESIGNATED NATIONALS, (III) ARE NOT ON THE
U.S. COMMERCE DEPARTMENT'S LIST OF DENIED PERSONS, OR (IV) ARE NOT
OTHERWISE PROHIBITED BY U.S. LAW FROM RECEIVING OR USING THE SOFTWARE
(COLLECTIVELY “EXPORT RESTRICTIONS”). IF YOU DO NOT HAVE AUTHORITY TO
ACCEPT THIS AGREEMENT FOR YOUR ORGANIZATION, IT IS YOUR OBLIGATION TO
ENSURE THAT AN AUTHORIZED INDIVIDUAL MAKES THE DETERMINATION THAT YOUR
ORGANIZATION IS NOT SUBJECT TO THE ABOVE EXPORT RESTRICTIONS PRIOR TO
DOWNLOADING, INSTALLING, OR USING THE SOFTWARE.
This Software License Agreement (“Agreement”) is a legal agreement between you and Albér Corp., a
Florida, United States of America, corporation, (“Albér”). Albér's software, including enhancements,
upgrades, and any future releases, if provided, is made available exclusively for use with the associated
Albér products (the “Products”). The foregoing, including any accompanying program(s), documentation,
images, animation, and text incorporated therein, (collectively “Software”), is provided solely for
commercial and industrial use under the license terms specified herein.
GRANT OF RIGHTS
: Provided that you comply with all of the terms of this Agreement, Albér grants a
non-exclusive, non-transferable license to you to install and use the Software solely for use with Products as
provided for herein. You represent and warrant that you will not use the Software in violation of applicable
laws and regulations or where such use detrimentally affects Albér’s rights in the Software or subjects Albér
to liability. You assume responsibility for the selection of the Software to achieve your intended results, and
for the installation, use, and the results obtained from the Software. Provided that you have paid the
applicable license fees, you may use (i) BMDM with SQL, on one server on one site, with a maximum of
two hundred (200) users; (ii) all other Software, an unlimited number users per site. Any other operation of
the Software at any time shall constitute a material breach of this Agreement and shall terminate this license
as provided for below. By use of the Software, you agree that Albér may, at its option, perform an audit of
your usage of the Software to determine the number of servers and Products that are using the Software.
TERMINATION OF LICENSE
: Your license is automatically terminated if you: (1) use the Software with
anything other than Products, (2) attempt to copy or reconstruct any part of the object code, source code, or
algorithms, (3) attempt to decompile, disassemble or reverse engineer the Software, in whole or in part, or
otherwise attempt to derive the source code of the Software, (4) provide, disclose, sell, rent, lease, license,
sublicense, or otherwise transfer or assign the Software to any third party, (5) use the Software in excess of
the licensed coverage purchased, (6) write or develop any derivative software or any other software program
based upon the Software, (7) modify or alter the Software, or (8) fail to comply with any other license terms.
You may elect to terminate this license at any time by destroying the Software together with all copies and
any portions thereof in any form.
LIMITED WARRANTY
: Albér represents that it has the right and authority to grant the license herein.
Albér warrants solely to you for a period of thirty (30) days from the date of Albér shipment or distribution
that the distribution media (if supplied) on which the Software is furnished under normal use will be free
from defects in material and workmanship and the Software will substantially conform to Albér published
