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Natium S.A.
Single User Software License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING FLYWORD, FLYXL OR FLYSLIDE. BY PRESSING "AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PRESS "DISAGREE". THE SOFTWARE WILL NOT BE USABLE.

The software, documentation and any fonts accompanying this License (the “Natium Software”) are licensed to you by Natium S.A.. (“Natium”). The licenses granted below are limited to Natium's intellectual property rights in the Natium Software and do not include any other patents or intellectual property rights. Natium and/or Natium's licensor(s) retain title to the Natium Software. The Natium Software and any copies which this License authorizes you to make are subject to this License.

1. Permitted Uses and Restrictions. This License allows you to install and use the Natium Software on any computer. This License does not allow others users to use the Natium Software. This license does not allow you to lend, sell or give Natium Software to another user. Except as expressly permitted in this License, you may not use, copy, decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Natium Software in whole or part or transmit the Natium Software over a network.
THE NATIUM SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE NATIUM SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Your rights under this License will terminate automatically without notice from Natium if you fail to comply with any term(s) of this License.

2. Disclaimer of Warranty on Natium Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE NATIUM SOFTWARE IS AT YOUR SOLE RISK. The Natium Software is provided “AS IS” and without warranty of any kind and Natium and Natium's licensor(s) (for the purposes of provision 1 above, Natium and Natium's licensor(s) shall be collectively referred to as "Natium") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. NATIUM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE NATIUM SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE NATIUM SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE NATIUM SOFTWARE WILL BE CORRECTED. FURTHERMORE, NATIUM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE NATIUM SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NATIUM OR AN NATIUM AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE NATIUM SOFTWARE PROVE DEFECTIVE, YOU (AND NOT NATIUM OR AN NATIUM AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING NATIUM PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NATIUM’S NEGLIGENCE.

3. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NATIUM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Natium's total liability to you for all damages exceed the amount of twenty-five dollars ($25.00).

4. Export Law Assurances. You may not use or otherwise export or reexport the Natium Software except as authorized by United States law and the laws of the jurisdiction in which the Natium Software was obtained. In particular, but without limitation, the Natium Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Natium Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

5. Government End Users. If the Natium Software is supplied to the United States Government, the Natium Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Natium Software are as provided in clause 52.227-19 of the FAR.

6. Controlling Law and Severability. This License shall be governed by the laws of the European Union and France. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

7. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Natium Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Natium. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English.

© 2003 Natium S.A.. All rights reserved. Natium and the Natium logo are trademarks of Natium S.A.., registered in the U.S.A., European Union and other countries.



Copyright © 2008 Natium S.A. All rights reserved.