RIGHT TO USE Security BOX® SOFTWARE

CONDITIONS GRANTED BY MSI

Méthode et Solution Informatique S.A. (MSI) gives the Right to the Final User (who owns the license) a personal right, non-transferable, non-exclusive on the software from the Security BOX® product suite (Registered TradeMark at the INPI), hereinafter referred to as the “Software”. The “Software” is a computer security product from which both specifications and characteristics are defined in the attached document called Documentation. The conditions and right to use granted by MSI are the following:

SOFTWARE PROPERTY

MSI declares owning on the Software and its Documentation the totality of the rights designed by the Law of March 11^th 1957 on literature and artistic property and completed by the Law of  July 3^rd 1985. The software uses cryptographic means from which all uses conditions are authorized by the French Government.

The concession of the right to use implies no property transfer; hence the buyer will not:

- reproduce the software, partially or totally, whatever the form, except for ONE copy, called backup copy, its goal being only to regenerate the software in case of accidental deterioration.

- transcript the software in other languages than those initially planned by MSI.

- cease, make available for a third party, even for free, the programs which constitute the software, their Documentation, and their magnetic support.

To guarantee this property protection, the user especially commits to:

- maintain apparent the property and copyright notices applied by MSI on the programs, support and Documentation.

- make sure that all external person or when necessary towards the personnel are aware and informed of the above.

SOURCES USE

The software user license is limited to the delivered  “object code”. Any alteration of the software, transcription and generally speaking any operation needing the usage of the sources and their Documentation are exclusively reserved to MSI.

SOFTWARE GUARANTEE

MSI guarantees encrypted and measurable results by the software indicated in its Documentation, assuming the software is used in normal conditions.

The warranty of the delivered software granted by MSI takes effect when the software is acquired and for a period of 90 days starting from this date. From this warranty, MSI commits to correct a default appearing during usage, during the above mentioned warranty period, assuming the software is used in normal conditions.

By default, we hear anomalies, incidents, glitches, etc...; and generally speaking any problem regarding the indications specified in the Documentation.

Any replaced software  will be guaranteed for the remaining period of the initial warranty.

This warranty ends immediately if the buyer proceeds to modifications, adjunctions, connections on the software even with a specialist intervention unless a previously agreement was given by MSI

LIABILITY

The final user admits having received from MSI the conditions, warnings and necessary information and is thus the only liable of the adequacy of the software to its needs, precaution and backup to make for the exploitation of the software, the qualification of its personnel and the uses it makes, the results it obtains thereof. Under no circumstance will MSI, its suppliers or resellers be liable for any damage of any kind whether they are direct or indirect, caused to the user or a third party consecutive to a bad functioning, failure, loss of data, loss of a software, a deterioration or loss of material  by the user or a third party.

MSI does not take in charge any compensation for direct or indirect damages, material or non material which would follow from the above mentioned damages exposed in a non-exhaustive manner.

MSI does cover either recuperation, reproduction or fixing costs of such losses or deterioration.

It is the user’s responsibility to subscribe if necessary to the adequate insurance policy.

ROYALTIES

The final user paid when he acquired the software a price including the unique royalty to grant a right to use the software and its Documentation.

INSTALLATION AND RECEPTION

The Buyer does himself the installation of the software himself with help of the Documentation given for this purpose. The buyer (final user) has three days starting from the date of purchase to return the software in its packaging with all the products and Documentation elements it contains if he refuses to accept any of the above conditions regarding the right to use the software granted by MSI.

Otherwise, the buyer is considered having received the software within the conditions mentioned in the present document and completely accepts them

NON WRITTEN REPUTED CLAUSE

If any of the conditions defined in this document would happen to be void either in France or abroad, which would happen to be of necessary application regarding to the place of use of the software, this clause would be considered as a not written reputed clause but would not result in the nullity of the usage conditions of the software which would then remain totally valid.

LEGISLATION

Both usage conditions and acquiring modalities of the software are ruled by French legislation whatever the place it was purchased or the place it is used. In case of eventual  dispute on the interpretation or execution of the actual conditions and after a failure in attempting to solve the difference out of court,  the express competence is attributed to the tribunal where MSI has its Headquarters, no matter plurality of the defendants or guarantee call.