end-user license agreement for tdc odontogram
Contents
1. copy rent lease sell sublicense assign or otherwise transfer the Software except as expressly provided for in this License Agreement Licensee may make a reasonable number of archival copies of the Software as required to support its licensed use Licensee acknowledges that the Software in source code form remains a confidential trade secret of TDC and therefore Licensee agrees that it shall not modify unless it is granted a source code license as indicated on the Cover Page decompile disassemble or reverse engineer the Software or attempt to do so except to the extent such prohibition is not permitted by applicable legislation Licensee shall not reproduce copy or transfer any Documentation except Licensee may use the sample source code examples contained in the Documentation for the purpose of developing the Application Software subject to the following limitations i Licensee may not use the sample source code for any purpose other than developing the Application Software and ii Licensee may not disclose redistribute or otherwise transfer any of the sample source code or any source code derived from the sample source code Licensee acknowledges that the sample source code is a confidential trade secret of TDC and Licensee shall treat the sample source code in the same manner as Licensee treats its own trade secret information but in no event less than a reasonable degree of protection Any Licensee employee or contractor who has acce2. LIMITATIONS IN NO EVENT SHALL TDC OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL INDIRECT INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS LOST DATA LOST REVENUE LOST SAVINGS LOST BUSINESS AND LOSS OF GOODWILL IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE USE OF THE SOFTWARE OR PROVISION OF ANY SERVICES REGARDLESS OF WHETHER TDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN NO EVENT SHALL TDC S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS EXCEED AMOUNTS PAID TO TDC BY LICENSEE UNDER THE TERMS OF THIS AGREEMENT THE FOREGOING LIMITATIONS AND EXCLUSIONS SHALL APPLY NOTWITHSTANDING THE BASIS OR LEGAL THEORY FOR ANY CLAIM WHETHER ARISING IN CONTRACT INCLUDING FUNDAMENTAL BREACH TORT INCLUDING NEGLIGENCE WARRANTY OR OTHERWISE LICENSEE UNDERSTANDS AND AGREES THAT THE FOREGOING LIABILITY LIMITATTIONS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE MATERIAL AND ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT NOT ALL JURISDICTIONS ALLOW LIMITATIONS OF LIABILITY AND THUS THE FOREGOING LIMITATION MAY NOT APPLY TO LICENSEE Except with respect to any breach of Licensee s payment obligations hereunder or any unauthorized use of TDC intellectual property rights any and all claims arising from or in connection with any breach of this License Agreement must be brought within two 2 years or such longer per
3. specified in this License Agreement the license granted hereby is effective until terminated Licensee may terminate the license by returning the Software and Documentation to TDC without refund and destroying all copies thereof in any form TDC may terminate the license if Licensee fails to comply with any term or condition of this License Agreement Upon such termination Licensee shall cease using the Software and cease using or distributing the Application Software containing the Redistributables All restrictions prohibiting Licensee s use of the Software Licensee s confidentiality obligations and intellectual property provisions relating to Software running to the benefit of TDC will survive termination of the license pursuant hereto Either party may immediately terminate this License Agreement if any of the following events occurs with respect to other party a insolvency of the other party b voluntary bankruptcy or application for bankruptcy by the other party c involuntary bankruptcy or application for bankruptcy by the other party which is not discharged within sixty 60 days d appointment of receiver for all or a portion of the other party s assets or d any assignment by the other party for the benefit of creditors Termination will not affect properly granted end user licenses of the Application Software distributed by Licensee prior to termination so long as such End User licensees of Licensee continue to abide by the ap
4. to export control restrictions under applicable law Licensee also acknowledges and agrees that the Software may contain components that are of U S origin or based on U S origin technology or technology that is otherwise subject to U S export control restrictions including those relating to deemed exports or economic sanctions Licensee agrees and certifies that neither the Software nor any direct product thereof e g the Application Software is being or will be acquired shipped transferred or re exported directly or indirectly to any person or into any country prohibited by such laws and the regulations thereunder or will be used for any purpose prohibited by the same Licensee bears all responsibility for export law compliance 8 U S GOVERNMENT U S GOVERNMENT RIGHTS This Software is provided with RESTRICTED RIGHTS Use duplication or disclosure by the U S Government is subject to restrictions as set forth in subparagraph c 1 ii of the Rights in Technical Data and Computer Software clause at DFAS 252 227 7013 or subparagraphs c 1 and 2 of the Commercial Computer Software Restricted Rights at 48 CFR 52 227 19 as applicable Manufacturer is THE DOCTOR COMPANY INC 153 High Street Box 850 Sutton ON LOE 1RO Canada Licensee must seek permission from TDC prior to commencing negotiations to provide additional or alternative rights in the Software to any United States government end users 9 TERM Except as otherwise
5. END USER LICENSE AGREEMENT FOR TDC ODONTOGRAM COMPONENT IMPORTANT READ CAREFULLY THIS END USER LICENSE AGREEMENT EULA IS A LEGAL AGREEMENT BETWEEN YOU EITHER AN INDIVIDUAL OR A SINGLE ENTITY AND THE DOCTOR COMPANY INC TDC TDC IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THE LICENSE AGREEMENT PRINTED BELOW INCLUDING WITHOUT LIMITATION THE WARRANTY DISCLAIMERS LIMITATIONS OF LIABILITY AND INDEMNITY PROVISIONS EXECUTING THIS LICENSE AGREEMENT OR A QUOTATION OR OTHER CONTRACT DOCUMENT THAT INCORPORATES THIS LICENSE AGREEMENT DOWNLOADING THE SOFTWARE OPENING THE ELECTRONIC DOCUMENT PACKAGE OR CLICKING THE ACCEPT BUTTON DURING INSTALLATION INDICATES YOUR ACCEPTANCE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT IF YOU DO NOT AGREE TO THE TERMS TDC IS UNWILLING TO LICENSE THE SOFTWARE TO YOU IN WHICH CASE YOU MUST IMMEDIATELY DESTROY THE PACKAGE AND ALL ACCOMPANYING MATERIAL The Term of this License for any Software provided for evaluation purposes is 60 days and for any Software that is licensed for redistribution as part of the Application Software and where the applicable License Fee has been paid by Licensee is perpetual This License Agreement covers all materials associated with the Software and also applies to any updates as may be provided by TDC unless TDC provides new license terms and conditions with or applicable to the update 1 GRANT OF DEVE
6. GHT NOTICES Except for the limited license granted herein TDC and its licensors retain exclusive ownership of all proprietary rights including all ownership rights title and interest in and to the Software including any modifications or enhancements therto Except as required hereby Licensee shall not use TDC s name trademarks or any TDC designation in association with Licensee s Application Software In order to protect the copyright and other ownership interests of TDC and it licensors Licensee agrees that as a condition of its rights hereunder i all copyright and other proprietary notices Notices which are embedded in the Software and its associated Documentation shall remain as embedded in the same manner as embedded by TDC in each copy of the Software ii all Notices which appear on such materials shall appear in the same manner on each tangible copy or any portion thereof or documentation therefore and iii Licensee shall ensure that all Notices which appear on such materials shall appear in the same manner on each tangible copy or portion thereof or documentation The Application Software must contain the following copyright and patent notices in the About box Portions of this product were created using or incorporate components licensed from THE DOCTOR COMPANY INC 1999 2013 THE DOCTOR COMPANY INC ALL RIGHTS RESERVED 7 EXPORT LAW Licensee acknowledges and agrees that the Software may be subject
7. LOPMENT LICENSE TDC grants Licensee a non exclusive non transferable worldwide license for all programmer s employed by Licensee to install the Software on their personal computer and use the Software and a copy of the associated user documentation contained in the accompanying user manual online help and or Acrobat files Documentation in the development of the Application Software The license granted hereunder applies only to the designated version of the enclosed Software and to any future updates provided by TDC to Licensee as part of Maintenance Services to the extent TDC is then obligated to provide Maintenance Services to Licensee in accordance with this License Agreement The foregoing license does not include the right to modify the Software unless Licensee acquires a source code license 2 SINGLE END USER APPLICATION The Application Software developed by Licensee must be an end user application An end user application is a specific application program that is licensed to a person or firm for business or personal use and not with a view toward redistributing the application or any part of the application and may be an application that is used by Licensee internally or an application that is commercially licensed distributed to end users of Licensee End Users for their use An End User may not modify or further distribute the Software Application and may not copy it other than for archival purposes
8. Licensee s license agreement with its End Users covering the Application Software End User EULA must contain restrictions prohibiting redistribution modification and copying of the Application Software For purposes hereof upgrades and updates to the Software Application are not considered additional end user applications requiring additional licensing The license rights hereunder do not apply to development and deployment of software products or services such as web services ActiveX controls browser plug ins web browsers authoring tools development toolkits dynamic link libraries DLLs and software with an application programming interface API compilers operating systems or any other software not falling within the above definition of an end user application The Application Software must be an application that provides substantial functionality beyond that provided by the Software 3 GRANT OF DUPLICATION AND DISTRIBUTION LICENSE The Software includes certain object code components that are intended for duplication and distribution by Licensee within the Application Software to the End User of Application Software Redistributables Subject to all the restrictions and conditions set forth in this Agreement and any documentation provided by TDC the Documentation TDC hereby grants Licensee and only Licensee a non exclusive non transferable worldwide license to reproduce and have reproduced such Redistr
9. by TDC Such Updates will only be included for the term that Licensee has prepaid for such Update service Updates do not include Technical Support unless stated in the Cover Page as being provided TDC does not guarantee that all errors can or will be corrected TDC reserves the right to modify the Software at any time including without limitation adding deleting and re defining functions Technical Support if stated in the Cover Page to be included shall consist of telephone email or Internet based remote technical support to assist Licensee in resolving any material non conformance of the operation of the Software in accordance with TDC s published Documentation for such Software Technical Support does not include provision of Updates unless stated in the Cover Page as being provided Technical Support does not include product training or implementation integration assistance Updates and Technical Support are for one year terms but shall be extended for additional one year terms unless either provide provides the other with 30 days notice of its intention to not renew and in any event shall automatically terminate if Licensee has not prepaid for such additional terms prior to the start of each such additional term TDC reserves the right to amend and modify its technical support policies from time to time in its sole discretion Licensee agrees that TDC may collect and freely use any and all technical information or other submissions rega
10. elayed due to circumstances beyond its reasonable control No waiver of any kind under this Agreement will be deemed effective unless set forth in writing and signed by the party charged with such waiver and no waiver of any right arising from any breach or failure to perform will be deemed to be a waiver or authorization of any other breach or failure to perform or of any other right arising under this Agreement Except as otherwise expressly provided herein the provisions hereof shall inure to the benefit of and be binding upon the successors assigns heirs executors and administrators of the parties hereto The Parties have requested that this Agreement written notice or other related document be drawn up in the English language Les Parties ont exig que la pr sente entente ainsi que tout avis ou document y aff rent soient r dig s en langue anglaise The Doctor Company Inc The Doctor Company Inc 153 High St Box 850 COMPONENT SOFTWARE PURCHASE ORDER Sutton Ontario Canada LOE1RO Contact Name Email Address Company Name Street State Province Zip Postal Code City Country Product Description TDC Odontogram Components for WPF 2 499 00 CDN e Unlimited developers royalty free distribution e Minor version upgrades example v1 7 to v1 8 e Free basic email KB support Sub Total 2 499 00 CDN Applicable Taxes Total 2 499 00 CDN Credit Card Information Card Ty
11. g taxes The Software may contain third party components that are subject to a direct license from their licensor or may otherwise be subject to additional license restrictions or other terms Such components and applicable terms may be revised from time to time as applicable to updates of the Software Such portions of the Software are protected by copyright and other proprietary rights of third party software vendors who shall be deemed to be intended third party beneficiaries of this License Agreement but except for the foregoing there are no other third party beneficiaries to this License Agreement Licensee may be held directly responsible by third party vendors for acts relating to the Software which are not authorized by this Agreement The relationship of TDC and Licensee established by this Agreement is that of independent contractors and nothing contained in this Agreement will be construed to a give either party the power to direct and control the day to day activities of the other b constitute the parties as partners joint venturers co owners or otherwise as participants in a joint or common undertaking or c allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever License fees and any fees for optional services are non refundable Licensor shall not be liable for a failure to perform any of its obligations under this License Agreement during any period in which such performance is d
12. he Application Software 3 use or distribution in violation of this License Agreement 4 any third party components reasonably identifiable as such e g any portions of the Software not developed by TDC such as runtime libraries required as a result of the use of development tools 5 any use outside of the Territory identified in the License Agreement 5 the Application Software excluding the Software 6 Licensee continuing any manufacturing use distribution or licensing after being notified of any allegedly infringing activity and after being informed of or provided with modifications that would have avoided the alleged infringement or after being notified of the Licensee s election to terminate the license The foregoing represents TDC s sole responsibility to Licensee and Licensee s exclusive remedy in the event of a third party infringement claim of any kind and it is agreed that TDC will have no responsibility or liability whatsoever in connection with any third party patent claims Licensee is fully responsible for the marketing sale support installation and distribution of the Application Software to the End Users Licensee will indemnify and hold TDC harmless from and against all liability loss cost damage or expense including reasonable attorney s fees arising from Licensee s distribution of the Application Software including any claims made by the End Users or other third parties 12 LICENSEE S REMEDIES
13. ibutables as part of the Application Software and not separately therefrom and to distribute such Redistributables in object code form only as part of the Application Software directly or through customary distribution channels to End Users If the Software is provided for evaluation purposes then no rights to copy or redistribute the Application Software are granted Licensor must license the Application Software pursuant to an End User EULA with each of its End Users that contains protective provisions for the benefit of TDC that are at least as protective of TDC from a liability perspective as those included to protect Licensor from liability and which are at least as protective of TDC s confidentiality and proprietary rights in the Software as are included to protect Licensor s proprietary rights in the Application Software and in any event to include provisions that include e at least comparable language as is contained in this License Agreement with respect to restrictions on US Government rights as set out in Section 8 of this License Agreement but which may alternatively be satisfied by including such language in an About screen displayed to the End Users by the Application Software e a prohibition on modifying decompiling disassembling or reverse engineering the Software unless prohibited by applicable law e a prohibition of any separate use of the Software independent of or otherwise other than solely as required
14. iod as required by mandatory applicable law from the date of such breach EXCEPT AS MAY BE EXPRESSLY SPECIFIED IN ANY DIRECT LICENSE AGREEMENT BETWEEN ANY TDC LICENSOR AND LICENSEE IN NO EVENT SHALL TDC NOR TDC S LICENSORS HAVE ANY LIABILITY TO LICENSEE ANY END USER OR OTHER THIRD PARTY 13 UNLAWFUL USE Additionally Licensee agrees that it will not use nor license the Software or Application Software for any unlawful purpose including without limitation for copying distributing broadcasting or publishing the copyrighted works of any third party without a proper content license and Licensee will indemnify and hold TDC harmless from any and all claims asserted against TDC as the result of any wrongful actions taken by Licensee Licensee shall not combine incorporate utilize or distribute copies of the Software with or in connection with any product or system which alone or in combination with such copies infringes any other person s or entity s intellectual property rights or any other rights 14 UPDATES AND TECHNICAL SUPPORT Updates and or Technical Support is optional Updates if stated in the Cover Page to be included shall consist of incremental updates to the Software which TDC elects to provide to its similarly situated licensees as part of the annual Update fee Updates include bug fixes and error corrections but do not include any entitlement to new functionality or enhancements or any other modules developed or licensed
15. ion This Agreement and the rights hereunder may not be assigned by Licensee whether by oral or written assignment sale of assets merger consolidation or otherwise without the express written consent of TDC Licensee agrees to be responsible for any and all losses or damages arising out of or incurred in connection with the Application Software Licensee agrees to defend indemnify and hold TDC harmless from any such loss or damage including attorney s fees arising from the use operation or performance of the Application Software or Licensee s breach of any terms of this Agreement In addition to any License fees or any fees for any optional services Licensee shall also be responsible for any applicable taxes including sales taxes goods and services taxes harmonized sales taxes value added taxes duties or similar government charges associated with Licensee s acquisition use distribution importation of the Software or any services or otherwise arising from this Agreement whether now existing or whether such taxes come into force at a future date but excluding Canadian income taxes assessed on TDC s net income If Licensee is required by the laws of its jurisdiction to withhold any portion of the License fee payments and remit those to its local tax authority then the License fees will be grossed up to an amount that will result in TDC receiving the agreed upon License fee amounts even after deduction of such applicable withholdin
16. nd hold Licensee harmless from and against such Infringement Action and any and all costs damages penalties and expenses including reasonable attorneys fees finally resulting from or awarded in actions attributable to such claim provided that a Licensee promptly notifies TDC in writing of the existence of such Infringement Action b TDC has control of the defense and settlement of such Infringement Action and all related settlement negotiations and c Licensee provides all reasonable assistance and cooperation in such defense Licensee shall not admit or settle any such claim or suit without the prior written consent of TDC In the event of an infringement claim for which TDC is obligated to indemnify Licensee TDC may at its sole discretion i obtain a license that allows Licensee to continue using the Software or ii replace or modify the Software so as to be non infringing in a manner that does not materially affect its functionality or iii terminate the license and require return of the Software and shall refund the amount paid by Licensee less a reasonable amount for the prior use of the Software by Licensee The foregoing obligations of TDC with respect to indemnification and remediation do not apply to any infringement that arises from 1 information materials or requirements provided by or on behalf of Licensee 2 combination of the Software with any software or material not provided by TDC including any combination with t
17. pe circle one VISA MC AMEX Credit Card Expiration Date Name on Card Security Code Telephone Credit Card Billing information if different than address above Company Name Street State Province Zip Postal code City Country Terms The customer acknowledges that they have read the information posted on hitp liveddm com developers and understands the technical capabilities and limitations of the software When payment is received a link and instructions will be sent to the email address provided above to download the TDC Odontogram Components Prices are subject to change without notice Due to the nature of software products the TDC Odontogram Components are not returnable nor refundable Please email this PO to components liveddm com or fax to 1 877 686 0451 The Doctor Company Inc 153 High St Box 850 Sutton Ontario Canada LOE1RO components liveddm com
18. plicable license restrictions 10 EXCLUSION OF WARRANTIES LICENSEE HAS HAD FULL OPPORTUNITY TO EVALUATE AND TEST THE SOFTWARE TO DETERMINE IF IT MEETS LICENSEE S REQUIREMENTS ACCORDINGLY SOFTWARE IS PROVIDED AS IS AND TDC DOES NOT MAKE OR OFFER ANY PERFORMANCE WARRANTY OR OTHER WARRANTY OF ANY KIND WHATSOEVER IN RESPECT OF THE SOFTWARE OR ANY SERVICES AND LICENSEE ACKNOWLEDGES THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE CONCERNING THE SOFTWARE OR SERVICES ON WHICH LICENSEE IS RELYING IN ENTERING INTO THIS AGREEMENT AND LICENSING THE SOFTWARE ALL REPRESENTATIONS WARRANTIES AND OR CONDITIONS EXPRESS OR IMPLIED ARE HEREBY EXCLUDED AND DISCLAIMED BY TDC INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE SERVICE QUALITY TITLE AND OR NON INFRINGEMENT NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND THUS THE FOREGOING LIMITATION OR PORTIONS THEREOF MAY NOT APPLY TO LICENSEE THE UNITED NATIONS CONVENTION OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND OR ANY LOCAL LEGISLATION IMPLEMENTING SAME SHALL NOT APPLY TO THIS LICENSE AGREEMENT 11 INDEMNIFICATION In the event that a claim is filed in a court of competent jurisdiction alleging that the Software used within the scope of the license granted hereunder directly infringes any copyright or trade secret of any third party Infringement Action TDC shall indemnify defend a
19. rding the Software including feature requests and product suggestions provided by Licensee to TDC s support and technical sales departments 15 EVALUATION VERSION If Licensee is using an evaluation version of the Software or otherwise using the Software prior to payment of the License fee then the licenses granted hereunder are limited as follows a Licensee is granted a license to use the Software for a period of sixty 60 days counted from the day of installation the Evaluation Period solely for purposes of evaluation and testing the Software to determine if Licensee wishes to purchase a license for the release version of the Software b upon completion of the Evaluation Period Licensee shall either i delete the Software from the computer containing the installation or ii obtain a paid license of the Software from TDC and c any Application Software developed with the evaluation version of the Software may not be deployed other than internally for testing purposes and will not be distributed or used for any commercial purpose 16 GENERAL This Agreement shall be interpreted construed and enforced according to the laws of the Province of Ontario Canada In the event of any action under this Agreement the parties agree that federal and provincial courts located in Toronto Ontario will have exclusive jurisdiction and that a suit may only be brought by Licensee in Toronto Ontario and Licensee submits itself for the jurisdic
20. ss to the Software including any sample source code must be bound by a written nondisclosure and restricted use agreement prohibiting him from disclosing any trade secret or other confidential information of Licensee and or its licensors e g including TDC Licensee may not use the Software to develop an application that directly or indirectly utilizes TDC s Redistributables as part of another application e g other than the Application Software If Licensee wishes to use the Software in a manner prohibited by this Agreement Licensee should contact TDC to determine whether a special license may be obtained Licensee will maintain complete and accurate records regarding its use of the Software and the deployment of the Application Software and will promptly respond to inquiries from TDC Without derogating from the foregoing the Software and associated documentation constitutes the confidential and proprietary information of TDC and Licensee shall protect such material using at least the same means that it protects its own confidential information including the Application Software but in no event less than a reasonable standard of care Licensee agrees that i copying distributing duplicating or otherwise reproducing all or any part of the Software except as expressly provided for in this License Agreement or ii failing to protect the Software shall be considered a material breach of this License Agreement 6 PROPRIETARY RIGHTS COPYRI
21. tion and venue of the province and federal courts located in Toronto Ontario This License Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes any and all prior negotiations promises commitments undertakings and agreements of the parties relating thereto Without limiting the foregoing the parties agree that the terms and conditions of any purchase order or similar instrument that Licensee may send to TDC in connection with this License Agreement and or the subject matter hereof shall not be binding on TDC TDC hereby rejects all such terms and conditions whether sent to or received by TDC prior to or after the date of this Agreement The headings used in this Agreement are only used for convenience of reference and are not to be considered in construing this Agreement This Agreement may be executed in counterparts each of which shall be an original but all of which together shall constitute one instrument This Agreement may be modified or amended only by a written instrument duly executed by the parties hereto If any provision of this Agreement is held to be invalid illegal or unenforceable the remaining provisions hereof shall be unaffected thereby and remain valid and enforceable as if such provision had not been set forth herein The parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provis
22. to use the Application Software e a prohibition of any copying use modification or distribution of the Application Software including the Software other than for End User s internal use e export restrictions consistent with Section 7 of this License Agreement e exclusion of any and all liability of Licensee s licensors e g TDC to any Licensee customer or other third party e Third Party Components license restrictions requirements see above e That Licensee s licensors e g TDC shall be third party beneficiaries of such license agreements Licensee shall ensure that the End Users are made aware of and have a reasonable opportunity to examine and accept its End User EULA prior to obtaining possession of or using the Redistributables Such End Users shall only be entitled to possess and or use the Redistributables if they accept the End User EULA Licensee shall terminate the rights to use the Redistributables to any End User who i breaches any term of the End User EULA or ii suffers an event of bankruptcy or insolvency Upon any such termination Licensee shall require the End User to cease use of the Application Software including any Redistributables and return all copies thereof to Licensee 5 OTHER LICENSE TERMS AND RESTRICTIONS The licenses granted under this License Agreement are expressly conditioned upon Licensee s compliance with all the terms and conditions of this License Agreement Licensee may not use
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