M-Files PRO Document Management Software distribution permissions and end-user license agreement

M-FILES SOFTWARE LICENSE AGREEMENT

Motive Systems is willing to license the accompanying software to you only if you accept all of the terms contained in this license agreement.

Read the terms and conditions of this agreement carefully before selecting "I accept the license agreement" at the bottom of the window. By selecting this option, you are consenting to be bound by all the terms of the agreement and the software can be installed. Your use of the software also indicates your assent to be bound by the terms and conditions of this agreement.

If you are not willing to be bound by this agreement and you do not agree to all of its terms and conditions, select "I do not accept the license agreement". This will cancel the installation of the software. Then, within ninety (90) days from purchase, return the software to the location where you acquired it for a full refund, in accordance with the relevant return policy.

COPYING OR USE OF THIS SOFTWARE OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS AGREEMENT IS UNAUTHORIZED AND IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY OR USE THIS SOFTWARE OR ITS DOCUMENTATION WITHOUT PERMISSION OF MOTIVE SYSTEMS, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO MOTIVE SYSTEMS FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.

1. GRANT OF LICENSE

Motive Systems Oy ("Motive Systems") grants you a nonexclusive, nontransferable license to use this program (the "Software") and its manual and other accompanying material ("Documentation") with equipment owned by you or under your control, according to the terms and conditions of this Agreement.

1.1. EVALUATION USE

If you have not yet purchased a license, you may use the Software for thirty (30) days only. During this evaluation period, you may use the Software only to evaluate it. Use during the evaluation period for any other purpose, including competitive analysis, commercial, professional, or for-profit purposes, is strictly prohibited. Upon your purchase of a license for this Software, use of the Software shall no longer be subject to the foregoing restriction.

Using the Software in evaluation mode after the 30-day evaluation period is strictly prohibited. After the evaluation period, any use of this Software requires that you have obtained a paid license for the Software.

1.2. M-FILES LICENSES

You may install the "M-Files Server Components" part of the Software on a single computer ("Server Computer") and the "M-Files Client Components" and "M-Files Server Tools" parts of the Software on an unlimited number of computers ("Client Computers").

The amount and type of your M-Files Licenses determine how you may use the Software.

You may include different types of licenses (Named User Licenses, Concurrent User Licenses and Read-only Licenses) in the same system. Each login account in M-Files Server is designated to use one of the three license types.

A. NAMED USER LICENSES

A user whose login account has been designated to use a Named User License can log in to the system at any time. The number of login accounts that use Named User Licenses must not exceed the number of Named User Licenses you have purchased.

B. CONCURRENT USER LICENSES

A user whose login account has been designated to use a Concurrent User License can log in to the system provided that the number of Concurrent User Licenses purchased for these users is not exceeded. At any time, the number of logged-in users that use Concurrent User Licenses must not exceed the number of Concurrent User Licenses you have purchased.

C. READ-ONLY LICENSES

A user whose login account has been designated to use a Read-only License can log in to the system at any time. The number of login accounts that use Read-only Licenses must not exceed the number of Read-only Licenses you have purchased. Users of Read-only Licenses may not create or modify documents.

1.3. UPGRADES

If the license you have purchased is an upgrade, you must have previously purchased a non-upgrade license of a previous version of this Software. Otherwise, you may not use the Software.

The upgrade license replaces the license you have for the previous version of the Software. After installing this Software, the license of the previous version is no longer valid. You are permitted to use this Software only according to the terms and conditions of this Agreement.

Continuing the use of the license of the previous version after installing the upgrade license is strictly prohibited.

2. RESTRICTIONS

You May Not:

1. Copy or use the Software or Documentation except as permitted by this Agreement.

2. Reverse engineer, decompile, or disassemble the Software.

3. Distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the software, Documentation or any rights granted hereunder to any other person without the prior written consent of Motive Systems.

4. Remove, alter, or obscure any proprietary notices, labels, or marks from the Software or Documentation.

5. Modify, translate, adapt, arrange, or create derivative works based on the Software or Documentation for any purpose.

6. Utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by Motive Systems in connection with the Software, or use the Software together with any hardware lock, serial number, or other copy protection device not supplied by Motive Systems directly or through a representative authorized by Motive Systems.

7. Remove or change the copyright notices, serial numbers and further signs of identification of the program.

3. COPYRIGHT

This program is protected by copyright law and international treaties. Title and copyrights to the Software, Documentation and accompanying materials, if any, and any copies made by you remain with Motive Systems and its licensors. The structure, organization, and code of the Software are valuable trade secrets of Motive Systems and its licensors. Unauthorized copying, reproduction or distribution of the Software or Documentation or any part of it may result in civil and criminal penalties, and will be prosecuted to the maximum extent possible under law. Failure to comply with the above restrictions will result in automatic termination of this Agreement. This Agreement does not grant you any intellectual property rights.

4. GENERAL LIMITED WARRANTY

Motive Systems warrants that the Software will provide the facilities and functions generally described in the Documentation. Except for the above expressed limited warranties, Motive Systems makes and you receive no warranties, express, implied, statutory, or in any communication with you, and Motive Systems specifically disclaims any other warranty including the implied warranty of merchantability or the Software`s suitability for any particular purpose. The Software is sold strictly on an "as is" basis. Motive Systems does not warrant that the operation of the Software will be uninterrupted or error free. The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which vary from jurisdiction to jurisdiction.

Motive Systems` entire liability and your exclusive remedy under the warranties made in this Agreement will be, at Motive Systems` option, to attempt to correct or work around errors; to replace the defective media or Documentation; or to refund the purchase price and terminate this license. This remedy is subject to the return of the defective media or documentation with a copy of your receipt to Motive Systems or the representative authorized by Motive Systems from whom it was obtained within ninety (90) days from the date of its delivery to you.

5. DISCLAIMER

MOTIVE SYSTEMS SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. THE SOFTWARE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL MOTIVE SYSTEMS OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, LIABILITY OR INJURY TO THIRD PERSONS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE PURCHASE, USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF MOTIVE SYSTEMS OR ANY REPRESENTATIVE OF MOTIVE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.

MOTIVE SYSTEMS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF THE SOFTWARE. SPECIFICALLY, MOTIVE SYSTEMS SHALL NOT BE OBLIGATED TO REPLACE ANY LOST OR STOLEN SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING THE SOFTWARE FROM LOSS OR THEFT AND PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHERWISE.

IN ANY CASE, MOTIVE SYSTEMS` ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.

THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

7. GENERAL

A. This Agreement is governed by the laws of Finland.

B. This Agreement and the license granted hereby shall terminate without further notice or action by Motive Systems if you, the licensee, become bankrupt, make an arrangement with your creditors or go into liquidation.

C. If any provision of this Agreement is found to be invalid or otherwise unenforceable, the further conditions of this Agreement will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable.

D. Motive Systems reserves the right to revise and improve this product. The documentation reflects the state of this product at the time of publication. Information in the documentation, as well as in the program, is subject to changes without preceding notice.

E. Unless otherwise agreed in writing, Motive Systems may mention your organization as a reference customer.

ACKNOWLEDGEMENTS

This product includes software developed by Inprise Corporation.

This product includes software developed by CollabNet (http://www.Collab.Net/). These portions are covered by the terms available at http://subversion.tigris.org/project_license.html. The terms are also available in the CollabNetTerms.txt file after installation.

Portions of this product use the Apache Portable Runtime software (http://apr.apache.org) that is covered by the terms of the Apache License, Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0).

This product includes software developed by dtSearch Corp.

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