SOFTWARE LICENSE AGREEMENT AND TRIAL LICENSE AGREEMENT

Terms used in this Agreement

• ■ The Software: Softwares developped by 1996soft and proprietaries of 1996soft, either "FileInquirer" or "1996soft".
• ■ The CUSTOMER: YOU, The Software user to whom 1996soft is willing to grant a paid user license of the Software or a free trial license of the Software.
• ■ Documentation: Trial version of the Software, technical documentation and videos, prices that can be set either on 1996soft web site or on any other material.
• ■ Service: Duration of use of the Software License
• ■ Standalone License : The version of the Software that can only be installed on one computer and used by one User only.
• ■ Client/server License :The network version of the Software that can be used on several computers by a predefined number of users.

RIGHTS GRANTED

TRIAL LICENSE

1996soft grants the CUSTOMER a FREE non-exclusive and non-transferable Trial license to Execute the Software solely in executable form for a limited duration described in the section Limits of use and duration for the free Trial version of the Software below

PAID USER LICENSE for the software "FileInquirer"

1996soft grants the CUSTOMER a right to use its Software executable under the form of a Paid Annual subscription which price is set on its web site https://www.1996soft.com

The use of the Software is limited to Three Hundred Sixty Five (365) days starting at the day of reception of the Purchase Receipt.

PAID USER LICENSE for the software "1996soft"

1996soft grants the CUSTOMER a lifetime license to use its software for an installation on one unique computer.

The use of the Software is unlimited.

PAYMENT AND PROPRIETY

Purchase order is an "On line" order via the online-electronic-payment offered by 1996soft.

Full payment of the Annual Subscription for “FileInquirer” or of the User license for “1996soft”, all French taxes included is due the day the CUSTOMER decides to buy the Software and indicated in the Purchase Receipt.

In both cases, 1996soft remains proprietary of the copy of the Software distributed to the CUSTOMER.

ANNUAL SUBSCRIPTION AND TERMINATION OF THE SERVICE FOR THE SOFTWARE “FileInquirer”

The CUSTOMER is free to renew or not his annual subcription at the end of the service.

The CUSTOMER acknowledges the Paid User Licence will be ended after Three Hundred Sixty Five (365) days and the Software will not be operational anymore if the CUSTOMER does not renew his subscription on time.

The CUSTOMER acknowledges that It is HIS SOLE RESPONSIBILITY to retrieve all HIS DATA entered in the Software BEFORE the end of the Service if the CUSTOMER does not renew his subscription.

Shall the CUSTOMER decide to terminate the use of the Software before the end of the Service , The CUSTOMER agrees he will not be entitled to any complete or partial refund of the annual price.

CUSTOMER EXPRESS ACKNOWLEDGMENT

TRIAL LICENSE AND PAID USER LICENSE

The CUSTOMER acknowledges that the download of the software was made under its sole liability and that consequently IN NO EVENT WILL 1996SOFT BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT 1996SOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

PAID USER LICENSE

The CUSTOMER expressely acknowledges that he has read and understood all documentation before he agrees to these Agreement terms.

The CUSTOMER acknowledges that he has downloaded the trial version of the Software, that the Software is free of any defects in the normal condition of use and technical environment described in the documentation, that the Software contains the essential functions described in the documentation and that the software meets his needs.

OWNERSHIP

Standalone License, Client server License and trial License

The Software and its third-party components are protected by French copyright law and international treaties

The Software is not a free product

Each copy of the Software is licensed, not sold

The CUSTOMER acknowledges he is not entitled to ownership of any rights or other interests in the Software.

The CUSTOMER acknowledges that he MAY NOT:

• ■ Give, Transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party without prior written agreement of 1996soft
• ■ Install and use the software in another technical environment other that the one admitted in the documentation
• ■ Transfer the Software in another system than the one used in the first installation
• ■ Modify, Translate, disassemble, decompile the Software in whole or in part, or permit or authorize a third party to do so
• ■ Alter or Delete in any manner the copyright, trademark, and other proprietary rights notices or markings of 1996soft or its partners appearing on the Software
• ■ Install the Software on a network if the license is a Standalone license. Install the Software on other devices if the license is a Standalone License
• ■ Override the number of users defined in the Purchase receipt if the Software is Client server without previous purchase of complementary licenses

TECHNICAL SUPPORT AND MAINTENANCE

The Trial License or the User license do not include any customable adaptation of the Software

The Trial License or the User license do not include technical support, documentations or updates, other than provided on 1996soft web site

1996soft warrants that the downloadable version of the Software on its website is the last available

1996soft reserves the right to designate any updates, additional content or features or cease providing, updating and maintaining or supporting the Software at any time in its sole discretion.

Updates

From time to time, 1996soft may, but has no obligation to, provide updates to the Software.

In this case 1996soft will inform the CUSTOMER of their availability for downloading on its web site and forward the adequate procedure for updating the software.

The CUSTOMER is entitled to freely download or not download any Updates of the software provided by 1996soft on its web site as long as the CUSTOMER is entitled of a paid subscription or a paid License.

A personalised technical support can be provided to the CUSTOMER if he wants to, which terms and conditions will be set in a separate Agreement.

WARRANTY and LIABILITY

PAID USER LICENSE

LEGAL WARRANTY OF CONFORMITY

The Software is provided "AS IS" the day of the download

1996soft does not warrant that the Software will meet the CUSTOMER requirements.

1996soft does not warrant that the operation of the Software will be error-free or uninterrupted.

1996soft does not warrant that all Software errors will be corrected.

The CUSTOMER acknowledges that he has downloaded the trial version of the Software, that the Software is free of any defects in the normal condition of use described in the documentation, that the Software contains the essential functions and features described in the documentation and that the software meets his needs at the time of this Agreement

The CUSTOMER acknowledges that the download ot the Software was made under its sole responsibility and had made sure of its good functionning in his technical environment or system before he agrees to this Agreement

Therefore, the Trial License and the User License are free of Legal Warranty as stipulated in Articles L. 224-25-13 and L. 224-25-14.-I of the French Consumer Code as created by Ordinance No 2021-1247 of 29 September 2021 on the legal guarantee of conformity for digital goods, digital content and digital services , which transposes into French Law, European Directives (EU) 2019/770[2] and (EU) 2019/771[3] of May 20, 2019 on legal guarantee of conformity specific to digital contents and services.

DATA AND BACKUP

1996soft warrants that all data entered by the CUSTOMER in the Software can be retrieved at any time under digital or paper form.

It is the sole responsability of the CUSTOMER to make back up of HIS DATA, Software or any content during the use of the Software.

It is the sole responsability of the CUSTOMER to make back up of HIS DATA and retrieve it under digital form before the end of the service if the customer does not want to renew it.

Limits of use and duration for the free Trial version of the Software

FileInquirer Software

The FREE Trial License of the Software available on 1996soft website is limited to

• ■ 5000 records at creation
• ■ 30 openings
• ■ 15 days of trial

1996soft Software

The FREE Trial License of the Software available on 1996soft website is limited to

• ■ 25 New records by table
• ■ 100 openings
• ■ 15 days of trial

PERSONAL DATA PROTECTION

1996soft warrants to comply with its obligations in terms of personal data protection under Regulation (EU) 2016/679 of April 27, 2016 (known as the GDPR) and Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms (known as the French Data Protection Act)

By buying a PAID USER LICENSE, the CUSTOMER consents to the collection, storage , and use of its Personal Information necessary to this Agreement :

• ■ Name of the CUSTOMER
• ■ Email of the CUSTOMER
• ■ Adress of the CUSTOMER
• ■ Invoices of the CUSTOMER
• ■ Any other communication under electronic or paper form that falls under French legal requirements for the duration of 6 years

In accordance with Regulation (EU) 2016/679 on the protection of personal data, the CUSTOMER has the following rights to his data: right of access, right of rectification, right to erasure, right to be forgotten, right to restriction of processing, right to portability. The CUSTOMER may also define guidelines for the retention, erasure and communication of his personal data after his death. The CUSTOMER has the right to access, modify and correct his information.

The CUSTOMER has a right to object to the processing of his personal data for legitimate reasons.

To exercise his rights The CUSTOMER shall send us an email via our Privacy policy Page on our Website https://www.1996soft.com or to our postal adress:

1996soft SAS, 5 Le plein soleil 83330 Le Beausset France or by email to info@1996soft.com

LEGAL ARBITRATION

This Agreement is governed by the French laws and European laws applicable at the day of the download of the Software

This Agreement constitutes the entire agreement between 1996soft and THE CUSTOMER relating to the Software and supersedes any prior purchase order, communications, advertising or representations concerning the Software.

Any dispute, controversy or claim arising out of or related to this Agreement shall be settled by adjudication before the Commercial Court of TOULON, France.

The original version of this Agreement is written in English and French. In case of conflict or inconsistency between the French version and this present one, the French version will prevail.

THE CUSTOMER ACKNOWLEDGES HE HAS READ, UNDERSTOOD, AND ACCEPTED ALL THIS AGREEMENT TERMS THE DAY HE HAS DOWNLOADED THE TRIAL VERSION OF THE SOFTWARE

1996soft License Agreement Terms V.C160823 dated 2023-08-16