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END-USER LICENCE AGREEMENT FOR ARAXIS MERGE 2001 SOFTWARE v6.0 EVALUATION EDITION IMPORTANT - READ CAREFULLY: This Araxis End-User Licence Agreement ("EULA") is a legal agreement between you (either an individual, a firm or a single entity) and Araxis Ltd for the Araxis software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Araxis. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user licence agreement is licensed to you under the terms of that licence agreement. By installing, copying, downloading, accessing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This EULA is granted for a trial period to use the SOFTWARE PRODUCT for evaluation purposes only. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. SOFTWARE PRODUCT LICENCE. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENCE. This EULA grants you the following rights: * Applications Software. You may install, use, access, display, run, or otherwise interact with ("RUN") copies of the SOFTWARE PRODUCT, on an unlimited number of computers, workstations, terminals, handheld PCs, pagers, "smart phones," or other digital electronic devices ("COMPUTER"). You shall on any request from Araxis certify, in writing to Araxis, the number of copies of the SOFTWARE PRODUCT which you have made and/or are in your possession or control. * Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an internal network. * Reservation of Rights. All rights not expressly granted are reserved by Araxis. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Not for Resale Software. If the SOFTWARE PRODUCT is labelled "Not For Resale" or "NFR," then, notwithstanding other sections of this EULA, your use of the SOFTWARE PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT. * Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, (for the purposes of overriding the time limited cut-out software or otherwise) except that you may decompile the SOFTWARE PRODUCT only to the extent permissible by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the SOFTWARE PRODUCT or with another program and such information is not readily available from Araxis or elsewhere. * Limitations on Use. Except as permitted by this EULA, you may not nor permit others to use, copy or transfer the SOFTWARE PRODUCT; rent, loan, lease, sub-license or otherwise deal in the SOFTWARE PRODUCT; alter, adapt, merge, modify or translate the SOFTWARE PRODUCT in any way for any purpose, including, without limitation, for error correction; remove, change or obscure any product identification or notices of proprietary rights and restrictions on or in the SOFTWARE PRODUCT. You may (a) give exact copies of the current version of the SOFTWARE PRODUCT to any other person, firm or single entity, except for the purpose of extending their 30 day evaluation period; (b) distribute exact copies of the SOFTWARE PRODUCT through electronic channels; and (c) make as many exact copies of the current version of the SOFTWARE PRODUCT for the purposes of such personal or electronic distribution. You may not change, or request donations, for any such distribution. Araxis may in its absolute discretion revoke these distribution rights at any time for any reason whatsoever. * Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER. * Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Araxis. * Support Services. Araxis may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Araxis policies and programs described in the user manual, in "online" documentation, and/or in other Araxis-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Araxis as part of the Support Services, Araxis may use such information for its business purposes, including for product support and development. Araxis will not utilize such technical information in a form that personally identifies you. * Software Transfer. The initial licensee of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT. * Termination. Your licence is effective upon your acceptance of this EULA and installing the SOFTWARE PRODUCT. Unless terminated earlier under the terms of this EULA this EULA will be for a trial period of 30 days commencing from the installation of the SOFTWARE PRODUCT. Thereafter, the SOFTWARE PRODUCT shall cease to RUN due to time limited cut-out software incorporated into the SOFTWARE PRODUCT. Please contact Araxis if you wish to purchase from Araxis licences to use the non-evaluation editions of the SOFTWARE PRODUCT. You may terminate this EULA at any time by destroying the SOFTWARE PRODUCT together with all copies. Araxis may terminate this EULA if you fail to comply with the terms of this EULA or if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointment or suffer or file any similar action in consequence of debt. Upon termination, for any reason whatsoever, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts in any form in your possession or under your control. 3. UPGRADES. If the SOFTWARE PRODUCT is labelled or sold as an upgrade, you must be properly licensed to use a product identified by Araxis as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labelled or sold as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one COMPUTER. 4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PROD