| Your Agreement to this License This License applies to the executable code for the LexMobil software and any accompanying distributable files, data and materials. You should carefully read the following terms and conditions before using, installing. Unless otherwise agreed in a writing signed by an authorized representative of LexMobil, your use, installation, or presentation of LexMobil software indicates your acceptance of this agreement ("License"). You understand and agree that the terms and conditions of this License are the only terms and conditions applicable to your purchase of this License or use of LexMobil software and any additional or different terms specified, referenced, and/or incorporated by any document provided by you or on your behalf are hereby rejected by LexMobil. Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, or present LexMobil software. In addition, if you paid a license fee to LexMobil or an authorized LexMobil reseller, you may return to LexMobil or the reseller, as applicable, a copy of the registration code, registration file, or activation code, if any, and a signed Affidavit of De-Installation and Non-Use within ninety (90) days after purchase, for a full refund of the license fee. The terms and conditions of this License describe the permitted use of each Licensed Copy of LexMobil software. Scope of License Subject to the terms of this License, LexMobil grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to install and use LexMobil Software, solely for your personal or internal business purposes. If you have purchased a single-user license you have the right to install and use a single copy of LexMobil Software on one computer or workstation for non-simultaneous use by one or more persons and install a second copy of LexMobil Software on another computer or workstation for the exclusive use of the person who is the primary user of the first copy of LexMobil Software. If you have purchased a multi-user license you have the right to install or access a copy of LexMobil Software on multiple computers up to the number of "Licensed Copies" that you have acquired, as determined below. You may not give, transfer or sell copies of LexMobil Software to your customer(s), or any third party, in whole or in part, nor include copies of LexMobil Software, in whole or in part, in, or with, products you sell. All rights of any kind in LexMobil Software which are not expressly granted in this License are entirely and exclusively reserved to and by LexMobil. You may use, install and present LexMobil Software solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, LexMobil Software, in whole or in part, nor permit anyone else to do so. You may not make access to LexMobil Software available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of LexMobil Software. Warranty Disclaimers and Liability Limitations LexMobil Software, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither LexMobil nor any of its affiliates, guarantee, or make any representations regarding the use of, or the results of the use of, LexMobil Software. Neither LexMobil nor any of its affiliates warrants that the operation of LexMobil Software will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including LexMobil Software, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of LexMobil Software covered by this License. This disclaimer of warranty constitutes an essential part of this License. Except to the extent expressly prohibited by applicable statutes, LexMobil, or its affiliates shall not be liable for any damage or financial loss arising out of the use of, or inability to use, LexMobil Software. Any liability of LexMobil, or its affiliates will be limited exclusively to refund of any license or registration fee paid to LexMobil. Except to the extent expressly prohibited by applicable statutes, in no event shall LexMobil, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of LexMobil Software, or to your relationship with, LexMobil, or its affiliates (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages. In addition, in no event does LexMobil authorize you or anyone else to use LexMobil Software in applications or systems where LexMobil Software's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold LexMobil, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use. General LexMobil Software, including, without limitation, the information included in its accompanying distributable files, data and materials and any activation code and registration code files or information, and the know-how embodied in LexMobil Software, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by LexMobil, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of LexMobil and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes, registration codes, or registration files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License. This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this License, in whole or in part, without the prior written consent of LexMobil. Notwithstanding anything to the contrary, any assignment of this License or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this License and all responsibilities and obligations of the assignor hereunder. This License shall be governed by the laws of Denmark. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in Denmark, and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations, or representations made by LexMobil herein. Any waiver by LexMobil of any violation of this License by you shall not constitute, nor contribute to, a waiver by LexMobil of any other or future violation by you of the same provision, or any other provision, of this License. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.
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