End User License Agreement

Important – Please read carefully – This End User License Agreement (“EULA”) is a binding license agreement between you (either as an individual, a single corporation, or other single legal entity) as licensee (“the Licensee”) and Oceanx Technology Limited (“the Licensor”) as licensor. You agree that, on such date as you install, copy, execute, and/or use any of the Licensor’s Software, Documentation, and/or other intellectual property accompanying, or authorized by the Licensor in writing for your use pursuant to this EULA, whichever date is earlier (“the Effective Date”), you will become legally bound by all provisions of this EULA. If you do not so agree, you shall not install, copy, execute, and/or use any such Software, Documentation, and/or intellectual property and must promptly return same to the Licensor.

Whereas the Licensee desires to obtain license from the Licensor and the Licensor desires to grant to the Licensee license to use the Licensor Software, Documentation, and other Licensor intellectual property described in this EULA. Accordingly, in consideration of the mutual promises contained herein and of other good and valuable consideration, the Licensor and the Licensee agree as follows:

 

 

1. Definitions

“Applicable Taxes” shall have the meaning set out in Section 8 hereof;

“Derivative Work” means: (a) any modification, change, translation, addition, enhancement, extension, upgrade, update or improvement of the Software, (b) any work resulting from the porting of the Software to a different operating environment or platform, (c) any new software program based on (i) the Software or any identifiable portion of the Software or (ii) the Software or any identifiable portion of the Software as combined with any other new or pre-existing works, and/or (d) any other work constituting a derivative of the Software under applicable copyright laws.

“Desktop(s)” means a standalone computer operated by Licensee;

“Documentation” means the user guides, operating manuals, and specifications that are: (a) authorized by the Licensor for general release to the licensees of the Software; and/or (b) provided to Licensee under any maintenance and/or support program of the Licensor related to the Software; whether in printed, electronic, on-line, and/or other format;

“Server” means a single network computer server operated by Licensee. If a Server is partitioned, each separate partitioned area is considered a single Server;

“Software” means any and all computer programs which is/are called OceanX Documentation, Support Software, and other intellectual property licensed by the Licensor to Licensee hereunder, including each update, upgrade, and/or new version of same licensed hereunder, all source code and object code licensed hereunder, and all copies thereof made by Licensee;

“Support Software” means all maintenance and/or support software related to the Software provided to Licensee pursuant to any maintenance and/or support program of the Licensor, together with all related Documentation provided to Licensee pursuant to such program;

“Term” means the term of this EULA as described in Section 12 hereof.

“Use” means to install and execute the Software.