Upon taking any version of the Hugin software into use, you automatically agree to the terms of the Hugin Software License Agreement (below). With the Hugin Professional the Hugin Software Professional service Agreement automatically applies for one year. After that the agreement can be entered for one year at a time.

# HUGIN SOFTWARE LICENSE AGREEMENT

Hugin Expert A/S, hereinafter called ``HUGIN'', and the organization/institution specified in the order form, hereinafter called ``LICENSEE'', agree that the following terms and conditions will apply to the use of the computer software product specified in the order form, hereinafter called ``HUGIN SOFTWARE'', a copy of which is being supplied by HUGIN to LICENSEE.

1. Grant. HUGIN provides HUGIN SOFTWARE to LICENSEE and grants to LICENSEE a non-exclusive and non-transferable right to use this software. No license, right or interest in any trademark, trade name or service mark of HUGIN SOFTWARE or any third party from whom HUGIN SOFTWARE has acquired such license rights are granted under this License. HUGIN SOFTWARE should be used by the LICENSEE only on a computer system owned, leased or operated by the LICENSEE. The maximum number of simultaneous users for HUGIN SOFTWARE shall be as specified in the order form.

2. Term. This Agreement shall become effective upon its acceptance by the authorized representatives of HUGIN and LICENSEE. The Agreement shall remain in effect in perpetuity, except that HUGIN may discontinue the license or terminate the Agreement if LICENSEE fails to comply with any terms or conditions thereof.

3. Charges. Within ten (10) days of the effective date of this Agreement, LICENSEE shall pay HUGIN the charge specified in HUGIN's current Price Schedule. LICENSEE shall also pay sales taxes if applicable.

4. Restricted Use. LICENSEE agrees to maintain HUGIN SOFTWARE source code and object code in confidence and will not make HUGIN SOFTWARE or any derivative thereof available for any use whatsoever in any form to any other individual or firm. LICENSEE agrees to take appropriate action by instruction, agreement or otherwise with all persons permitted access to HUGIN SOFTWARE or any derivative thereof to satisfy LICENSEE's protection and security obligations under this Agreement. LICENSEE may take additional copies, in whole or in part, of HUGIN SOFTWARE as necessary and incidental to its use in compliance with this Agreement, such as for archival and back-up purposes, provided that each such copy, in whole or in part, shall remain subject to all terms of this Agreement. LICENSEE shall not disassemble or decompile the HUGIN SOFTWARE.

5. Non-Assignment. Under no circumstances shall this Agreement or any of the rights granted to LICENSEE hereunder be sold, assigned or sub-licensed, voluntarily or by operation by law, to any other person or entity, and any such purported sale, assignment or sub-license shall be void.

6. Warranty. HUGIN SOFTWARE is provided without warranty of any kind, either expressed or implied, including without limitation implied warranties or merchantability and fitness for a particular purpose. HUGIN disclaims any responsibility for ease of installation, accuracy, completeness or correctness of HUGIN SOFTWARE. HUGIN does not warrant that HUGIN SOFTWARE will meet LICENSEE's requirements or that operations involving HUGIN SOFTWARE will be uninterrupted or error free.

7. Applicable Law. This Agreement shall be governed by, subject to and interpreted in accordance with Danish law, and LICENSEE and HUGIN shall submit to the jurisdiction of the Danish court.

# HUGIN SOFTWARE PROFESSIONAL SERVICE AGREEMENT

Hugin Expert A/S, hereinafter called HUGIN, and the organization/institution specified in the order form, hereinafter called LICENSEE, agree that the following terms and conditions will apply to the service and maintenance of the the computer software product specified in the order form, hereinafter called HUGIN SOFTWARE, a copy of which is being supplied by HUGIN to LICENSEE.

1.Scope of Maintenance and Service. HUGIN will provide the following maintenance and service for the latest version of the HUGIN SOFTWARE at any time:

  a) Current supply of technical and other information about the HUGIN SOFTWARE.
  b) Email or Telephone guidance and assistance to LICENSEE's contact persons in connection with the use of the HUGIN SOFTWARE.
  c) Receipt, handling and answering of documented error reports from LICENSEE's contact persons.
  d) Receipt of proposals for alterations, improvements and expansions of the HUGIN SOFTWARE as well as favorable treatment of all incoming proposals.
  e) Development of new versions of the HUGIN SOFTWARE and supply of these.

2. Error Recovery. Possible errors in the HUGIN SOFTWARE will be recovered in connection with the ordinary release of new versions. If there are ways of bypassing errors, however, HUGIN reserves the right to indicate such alternative ways instead of correcting the error.

3. New Versions. To the extent that the functionality is determined by legislation or other rules and regulations that might be amended from time to time, HUGIN will implement corresponding amendments in new versions of the HUGIN SOFTWARE. New versions of the HUGIN SOFTWARE will replace old versions in such a way that LICENSEE rights to the old versions are transferred to the new versions and that subsequently, LICENSEE shall have no rights to the old version. The terms of agreement that have applied to the old versions shall equally apply to the new versions unless it is specified by this agreement or the nature of the relationship that other terms shall apply.

4. Limitation of Liability. The liability of HUGIN is limited to the maintenance and service fee for the year in question. HUGIN shall not be liable for any indirect losses, including loss of use, loss of earnings and loss of data. In other words, LICENSEE is responsible for establishing adequate backup procedure so that loss of data can be avoided. Complaints must be made without undue delay and in any events before expire of this agreement.

5. Programs Originating from a Third Party. If there are any programs among the HUGIN SOFTWARE that HUGIN has acquired from a third party for technical reasons in order to supply them to LICENSEE, HUGIN cannot assume any maintenance and service obligations that are more comprehensive than those pertaining to the maintenance and service stipulations of the third party for the programs in question.

6. The Maintenance and Service Fee. The Maintenance and Service Fee shall be paid in advance for one calendar year at time. For the period from the starting date until 31st December, a proportional part of the above indicated annual maintenance and service fee shall be paid. HUGIN is entitled to regulate the annual maintenance and service fee. LICENSEE must be advised in writing of any possible regulation not later than four months before the beginning of the calendar year where regulation will come in force.

7. Non-justifiable Complaints. If LICENSEE reports error in the HUGIN SOFTWARE and if HUGIN must visit LICENSEE as a consequence of this, LICENSEE must pay HUGIN for its time and trouble if it turns out that there were no errors in the software.

8. Period of Validity and Termination. The agreement shall be valid until it is terminated by one of the parties. Both parties may terminate the agreement by three (3) months previous notice at the end of a calendar year, however not earlier than twelve (12) months after the date of coming into force. The termination must be effected in writing.

9. Transferability. This agreement and the HUGIN SOFTWARE must not be transferred to any third party without the written consent of HUGIN.

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