SYNTEXT END-USER LICENSE AGREEMENT FOR SERNA ENTERPRISE EDITION Copyright (c) 2003-2009 Syntext, Inc. All Rights Reserved. IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND SYNTEXT, INC. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BECOME BOUND BY THESE TERMS, THEN REMOVE THE SOFTWARE FROM YOUR COMPUTER. 1. License The software and data accompanying this EULA and related documentation (the "Software") are licensed (not sold) to you by Syntext, Inc in accordance with the terms of this EULA. Syntext, Inc does not transfer title of the Software to you; this EULA shall not be considered a "sale" of the Software. This nonexclusive, nontransferable, without rights to sublicense EULA gives you the right to use this copy of the Software. The term "Number of Licensed Users" means the Number of Licensed Users set forth on the License Certificate authorized by Syntext, Inc that you received with this software. You may not make a number of copies of the Software more than the Number of Licensed Users. You may install a single copy of the Software on an unlimited number of computers, each of which is running a validly licensed copy of the operating system for which the Software is designed, provided that only the licensed designated individual user uses the Software. If you are an entity, each copy of the Software may be used by one designated individual user only. The total number of designated users may not exceed the Number of Licensed Users. Each copy of the Software may not be used by any other person, whether or not such person is employed by or otherwise associated with your entity. You may not transfer this Software to or store the Software in any electronic network, including but not limited to intranets or the World Wide Web, for use by more than the Number of Licensed Users. 2. Restrictions a) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form except for the case c) of this section. b) You may not sell, rent, lease, or sublicense the Software. c) You may not modify the Software, except for its pieces that documentation explicitly mentions to be subject to customization or modification. d) You may not develop products using the public Application Programming Interface (API) of the Software for any commercial and company use, except for the purpose of testing and demonstration. In order to use the API, you must have a Serna Software Development Kit license. e) You may not develop and/or distribute any software with intent to pass on the Software Application Programming Interface (API) functionality to any and all programming languages, including, but not limited to Python, Perl, Java, JavaScript, Tcl, C#, and Visual Basic, without explicit written permission by Syntext, Inc. 3. Ownership The foregoing license gives you limited license to use the Software. Syntext, Inc and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Syntext, Inc and its suppliers. 4. Term If the Software that was distributed to you was labeled as EVALUATION, TRIAL or its functional equivalent ("Trial Version"), the license granted under this EULA commences upon the installation of the Software and is effective for the trial days, informed with the Software, following the date you install the Software (the "Trial Term"). Trial Version Software may include software functionality intended to disable its operation after the expiration of the Trial Term. You may take no actions to circumvent the operation of such disabling functionality, and you accept all risks that might arise from such actions. If the Software was not distributed as a Trial Version, or if you converted a Trial Version installation of the Software to a non-Trial Version with legally acquired License Certificate authorized by Syntext, Inc, the license granted under this EULA commences upon License Certificate issue date and is effective in perpetuity unless terminated per the terms of this Agreement. 5. Termination This EULA is effective until terminated by either party according to the following conditions. Upon the expiration of the Trial Term (if any), your rights under this EULA terminate automatically without notice from Syntext, Inc. Without prejudice to any other rights, Syntext, Inc may terminate this EULA or your rights under this EULA at any time if you fail to comply with the terms and conditions of this EULA. Upon termination of your rights under this EULA for any reason, or upon termination of the EULA itself, you must destroy all and copies and installations of the Software. You may terminate this EULA at any time by destroying the Software, and all related documentation, and all copies, and installations thereof, whether made under the terms of this EULA or otherwise. The rights and obligations of the parties set forth in Sections "Limitation of Liability" shall survive termination or expiration of this EULA for any reason. 6. Third Party Software The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at our website at http://syntext.com/downloads/serna/third-party-licenses-included-in-serna-eula.html and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein. 7. Limitation of Liability THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL SYNTEXT, INC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 8. Maintenance and Support As part of your Software License purchase, Syntext provides support for a year via email only. You can renew your support each year by purchasing it. Your Software License purchase excludes training, learning, and education services, and technical support for source code modified by you or a third party.