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Recital Software License Agreement

Recital Software License Agreement

Grant of License

In consideration of payment of the LICENSE fee, which is a part of the price you paid for this product, and your agreement to abide by the terms and conditions of this License Agreement, Recital Corporation, as Licensor, grants to you, the LICENSEE, a nonexclusive right to use and display this copy of a Recital Corporation software program (hereinafter the 'SOFTWARE') on a single COMPUTER (i.e. with a single CPU) at a single location so long as you comply with the terms of this License. If the single computer on which you use the SOFTWARE is a multi-user system, the License covers as many users of the single computer as requested at the time of initial purchase. Use of the SOFTWARE by additional users, over and above those licensed, requires a further license fee and you should contact your Recital Corporation or a licensed Recital Corporation dealer immediately. The licensee agrees not to (a) rent, lease, lend, sub-lease, or otherwise transfer either the materials supplied pursuant-to this agreement or the licensee's rights hereunder; (b) remove or obscure Recital Corporation property rights notices; (c) alter, decompile, or dis-assemble the programs supplied in object code form; (d) use the SOFTWARE on any service bureau or time-sharing system or on more than one terminal or workstation of a multi-user computer except insofar as a separate license has been purchased in respect of each workstation.

Property Rights

The licensee does not become the owner of the materials supplied pursuant to this agreement. These materials are protected by copyright, trade secrets and trademark law. Unauthorized copying of the SOFTWARE, including SOFTWARE which has been modified, merged, or included with other software, or of the written materials is expressly forbidden. You may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by the terms of this License. Subject to the restrictions above, and if the SOFTWARE is not copy-protected, you may make one (1) copy of the SOFTWARE solely for back-up purposes. You must reproduce and include the copyright notice on the backup copy.

Non-disclosure

Licensee acknowledges that the software contains valuable copyright, trade secrets and other intellectual and proprietary information and remains the property of Recital Corporation. Licensee agrees not to disclose or make available such information to any person for any purpose other than is necessary for Licensee's use as authorized by the license. Licensee agrees to use his reasonable best efforts to protect the materials from unauthorized reproduction, distribution, disclosure, use or publication.

Support and Maintenance

Recital Corporation will undertake to supply support and maintenance subject to the purchase of an annual Software Support and Maintenance Agreement. In all cases, if the SOFTWARE has been supplied by a dealer, the licensee shall in the first instance contact that dealer for support and maintenance. The support and maintenance service purchased separately by you and supplied by Recital Corporation will include; (a) access to support staff by telephone during normal office hours for the purpose of resolving difficulties encountered in the use of Recital Corporation. Assistance is provided on a 'best effort' basis, and may include the suggestion of short-term 'workaround' solutions, and/or the provision of modifications to the software or documentation as deemed appropriate by Recital Corporation; (b) updates and enhancements to the SOFTWARE as and when released; (c) updates to documentation as and when released.

No Warranty and Limitation of Liability

THIS PROGRAM IS FURNISHED 'AS IS' WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RECITAL CORPORATION DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT IT IS FREE FROM ERRORS OR THAT ITS OPERATION WILL BE UNINTERRUPTED. IN NO EVENT WILL RECITAL CORPORATION BE LIABLE FOR ANY DAMAGES, INCLUDING LOST PROFITS, OR OTHER DIRECT INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE THE RECITAL SOFTWARE. IN ANY EVENT, THE PARTIES HERETO AGREE THAT RECITAL CORPORATION ENTIRE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE PAID TO RECITAL CORPORATION BY LICENSEE.

Termination

This License is effective until terminated. The License will terminate automatically without notice from Recital Corporation if you fail to comply with any provisions of this License. Upon termination you shall destroy the written materials and all copies of the SOFTWARE, including modified copies, if any.

Acknowledgement

LICENSEE ACKNOWLEDGES THAT HE HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. HE ALSO AGREES THAT THIS LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS OF ANY KIND BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENSE.

Governing Law

If you acquired this product in the United States, this agreement shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts and shall benefit Recital Corporation, its successors and assigns. If you acquired this product in the United Kingdom, this agreement shall be governed and construed in accordance with the laws of the United Kingdom and shall benefit Recital Corporation, its successors and assigns.

Restrictions

Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility.

Export Regulations

All Software, including technical data delivered under this License is subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export or import Software.

Restricted Rights

The use, duplication or disclosure by the US Government of technical data, computer software and documentation, as specified in the license under which the computer software was procured, is subject to the restrictions as set forth in FAR 52.227-14(g) (2), FAR 52.227-19, DFARS 252.227-7015(b), and DFARS 227.7202-3(a) as applicable. Licensee may not provide Software or technical data to any third party, including the US Government, unless such third party accepts the same restrictions. Licensee is responsible for ensuring that proper notice is given to all such third parties and that the Software and technical data are properly marked.

Recital Express Edition Restrictions

Recital Express Edition and applications developed using Recital Express Edition are licensed for personal non-commercial use only.

Recital Application Framework Restrictions

The Recital Application Framework is only licensed for use in conjunction with a correctly licensed Recital product.

Trial Edition Restrictions

The Trial Editions are supplied for software evaluation purposes only. Applications developed using 'Trial Edition' software are only licensed for in-house, non-commercial purposes.

Technology Preview Edition

Technology Preview Editions are supplied for software evaluation purposes only. Applications developed using the 'Technology Preview Edition' software is only licensed for in-house, non-commercial purposes.

Release Candidate Restrictions

Release Candidates are supplied for software evaluation purposes only. Applications developed using the Release Candidate software are only licensed for in-house, non-commercial purposes.