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4dDX EULA

TRULY INTELLIGENT BUSINESS LTD

4dDX END USER LICENCE AGREEMENT

Please read this End User License Agreement (“EULA”) before You download or Use the 4dDX Framework.

By purchasing and/or downloading and using the 4dDX Framework, You agree without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase and/or download and Use the 4dDX Framework.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

1. INTERPRETATION

1.1 The following definitions apply in this EULA.

4dDX Framework

All and any information about or documentation of the 4dDX Framework, its composition and its features or attributes, as amended from time to time.

License

The license for the 4dDX Framework for the term specified in any applicable agreement concerning the purchase or supply of the license (as stand-alone product or as part of a subscription or package) to Use the 4dDX Framework.

Truly Intelligent Business

Truly Intelligent Business Limited registered in England and Wales with company number 07375755.

Updates

Any modified versions and updates of, and additions to the 4dDX Framework (excluding upgrades of the 4dDX Framework)

Use

The accessing of, downloading of, installation of, copying of or benefitting from the 4dDX Framework.

You

You, the final and ultimate user of the 4dDX Framework or the authorized representative of a company or other legal entity that will be the final and ultimate user of the 4dDX Framework, and the company or other legal entity that will be the final and ultimate user of the 4dDX Framework, if applicable.

2. GENERAL

2.1 This EULA applies to any licenses granted to You by Truly Intelligent Business for the Use of the 4dDX Framework.

2.2 By purchasing a License for the 4dDX Framework and/or downloading and Using the 4dDX Framework, You enter into this EULA with Truly Intelligent Business.

2.3 This EULA may be modified from time to time. Truly Intelligent Business will notify you of such modifications on its website or directly. Any modifications to this EULA shall only apply upon acceptance by You.

3. LICENSE

3.1 Truly Intelligent Business grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to Use the 4dDX Framework in accordance with this EULA. Truly Intelligent Business reserves all rights not expressly granted to You.

3.2 Truly Intelligent Business is and remains the owner of any intellectual property rights with respect to the 4dDX Framework. You shall not acquire any ownership to the 4dDX Framework as result of Your License to Use or Your Use of the 4dDX Framework.

4. PERMITTED USE AND RESTRICTIONS

4.1 In order to be able to Use the 4dDX Framework, You will ensure that your computer has access to the Internet and has the necessary systems and software installed.

4.2 You shall Use the 4dDX Framework in accordance with applicable laws and shall not:

4.2.1 Rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the 4dDX Framework;

4.2.2 Use the 4dDX Framework for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;

4.2.3 Delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the 4dDX Framework;

4.2.4 Copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the 4dDX Framework and the License or any parts thereof, except to the extent permitted by applicable law.

4.3 Truly Intelligent Business may modify the 4dDX Framework at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.

5. MAINTENANCE AND SUPPORT

5.1 Truly Intelligent Business will notify You of any available Updates and upgrades.

5.2 You will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the License for the 4dDX Framework. In order to receive Updates after this twelve months’ period, You will need to either renew your License or enter into a subsequent arrangement with Truly Intelligent Business.

5.3 You can download available Updates and upgrades from the website of Truly Intelligent Business.

5.4 Any maintenance and support provided by Truly Intelligent Business, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.

5.5 The terms of this EULA will govern any Updates.

6. USE OF DATA

6.1 Truly Intelligent Business may process personal data with respect to You, if and to the extent necessary to provide the License, to provide maintenance and support to You with respect to the 4dDX Framework and to comply with its obligations under this EULA. To the extent Truly Intelligent Business will process personal data, it will comply with its obligations under applicable data protection law.

7. DISCLAIMER

7.1 You Use the 4dDX Framework at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.

7.2 The 4dDX Framework and accompanying materials are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Truly Intelligent Business specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Truly Intelligent Business, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

8. LIMITATION OF LIABILITY

8.1 The liability of Truly Intelligent Business and any third party that has been involved in the creation, production, or delivery of the 4dDX Framework for all damages arising out of or in any way relating to the 4dDX Framework and/or this EULA shall in no event exceed the total amount(s) paid by You to Truly Intelligent Business for Use of the 4dDX Framework in the preceding 12 (twelve) months.

8.2 Truly Intelligent Business and any third party that has been involved in the creation, production, or delivery of the 4dDX Framework are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the Use or inability to Use the 4dDX Framework).

9. TERMINATION

9.1 This EULA will continue to be in force until the expiry or termination of the License.

9.2 Truly Intelligent Business is entitled to terminate the License with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, or in the event Truly Intelligent Business is required to do so by law or an order of an applicable court

9.3 Upon termination of the License, You shall cease all Use of the 4dDX Framework.

9.4 You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

10. GOVERNING LAW AND JURISDICTION

The validity, construction and performance of the Licence shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which You and Truly Intelligent Business submit.

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Signed by Phil Husbands
Signed On: June 16, 2021

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June 16, 2021 11:22 am BST

4dDX EULA Uploaded by Phil Husbands - [email protected] IP 84.66.42.70