General Terms and Conditions

SAS Smode Tech

License Agreement

General Terms and Conditions

By and Between :

SAS Smode Tech, a French registered company, having its registered office at 9 ter rue Auguste Barbier – 75011 Paris - France, hereinafter referred as to “SMODETECH”, and the Licensee as defined in the Specific Terms and Conditions (the “STC”) hereunder (hereinafter referred as to the “Licensee”).

SMODETECH and the Licensee are hereinafter referred to as “the Parties”.

1. Contractual Agreement

This General terms and conditions alone or together with any Specific Terms and Conditions, order form, schedule and/or appendix constitute the License Agreement between SMODETECH and the Licensee governing utilization of the software and its documentation or any other of its materials (hereinafter the “Software”) by the Licensee.

The License Agreement shall constitute the sole applicable terms for the utilization of the Software and no other conditions (such as general terms of purchase of Client) shall be applicable. For the avoidance of doubt, should SMODETECH in its discretion accept the issuance of purchase orders, purchase order numbers or similar procedures at Licensee’s request, this shall be solely for the administrative convenience of the Licensee and any such documents or procedures shall not form part of this License Agreement or affect any of the obligations of the Parties.

By purchasing, downloading, installing and/or using the Software, the Licensee agrees to be bound by the terms of this License Agreement and any of its schedule or appendix.

2. Duration

This Agreement shall enter into force on the date of signature by the last of the above Parties and at the latest at the date of download of the Software by the Licensee. For the avoidance of doubt, any use of the Software entails the full acceptance of this License Agreement.

This Agreement is concluded by the Parties for the period defined under the Specific Terms and Conditions hereinafter.

3. Rights and restriction of use

SMODETECH hereby grants to the Licensee a personal, non-exclusive, non-transferable, limited right to use the Software solely for the license period and the territory set forth in the STC and for the internal business needs of the Licensee. This license right is subject to the terms of this License Agreement, including any rules and restriction set forth in the documentation applicable to the Software.

The utilization of the Software may be subject to the purchase and use by the Licensee of a dongle and a license key. The dongle and the license key are personal to the Licensee. SMODETECH shall not be liable for any damages resulting from the loss of the dongle by the Licensee or deterioration of the dongle.

The Licensee shall refrain from any non-express authorized use of the Software. The Licensee shall notably refrain from:

- Reproducing and distributing the Software and its documentation whether in return of payment or not. The Licensee is allowed to make one back up copy of the Software solely in order to replace an original copy of the Software which is destroyed or defective;

- Using the Software and its documentation directly or indirectly for designing, developing, distributing or marketing similar or equivalent services or equivalent or similar documentation;

- Adapting, modifying, decompiling, reverse engineering, or correcting the Software and its documentation for any reason whatsoever. SMODETECH expressly reserves to herself the right of correcting any incident affecting the Software in accordance with article L 122-6-1 paragraph 2 of the French Intellectual Property Code;

- Translating directly or indirectly into other languages, including computer languages, the Software, its source code or its documentation;

- Using the Software in a manner exceeding the terms of the License Agreement;

- Using the Software in order to fulfill the needs of a third party or providing the Software to such third party without SMODETECH prior written authorization;

- Installing the Software onto a server which is accessible to third parties;

4. Technical specifications

The Licensee is responsible for the installation of the Software. The Licensee shall install the Software in accordance with the technical specification indicated in the documentation. The Licensee shall follow the technical instructions transmitted by SMODETECH.

The Licensee is informed that the performance of the Software depends of the technical environment in which the Software is installed and the good working of the hardware the Software operates with. The technical environment where the Software is installed shall meet the required technical specification as notified from time to time by SMODETECH including technical specification released by DLAB through its website.

The Licensee shall keep the technical environment in which the Software is installed in a good working order.

5. Fees and taxes

The fees due by the Licensee are indicated in the STC or the invoice. The Licensee shall pay each invoice upon receipt. In the case the licensee fails to pay fees when due, SMODETECH may at it sole discretion:

- (i) charge in addition to the invoiced amount, interest at a rate equal to the rate charged by the European central bank 10%;

- (ii) charge in addition a flat fee for recovering of 40 euros;

- (iii) suspend the support service and require from the Licensee the immediate cessation of the utilization of the Software.

In addition to the fees, the Licensee shall have the exclusive responsibility for and agrees to pay all applicable governmental sales, use, added value, or other similar taxes, duties, fees, levies or other governmental charges now in force or enacted in the future, except for taxes based on SMODETECH incomes.

Unless for the license right granted to the Licensee in the STC is on a perpetual basis, all fees are subject to change. Fees changes shall be communicated to the Licensee at least with a 3 months’ notice.

6. Warranty

The Software is delivered to the Licensee on “as is” basis without any further warranties of any kind. SMODETECH does not warrant that:

- (i) the Software will be error free, timely, secure, uninterrupted, or that SMODETECH will correct all Software errors;

- (ii) the Software meets the present or future needs or objectives of the Licensee and the Licensee assumes sole responsibility for the use, selection, and suitability of the Software to its needs and objectives;

To the extent permitted by the law, the warranty here above is exclusive the remedies set out above will be the sole made by SMODETECH. Under this License Agreement, SMODETECH makes no other warranty express or implied.

SMODETECH may at it sole discretion make available for the Licensee, and at no extra-cost, features of the Software which have not been tested. In such case, the utilization by the Licensee of such untested features of the Software is made at its own risk, without any guarantee whatsoever. The Licensee waives any claims whatsoever against SMODETECH for any dysfunction or error (including crash of the Software) related to the utilization of these untested features, including the resulting damages. The Licensee is informed that SMODETECH will not provide any support service for the error or dysfunction resulting from the utilization of untested features of the Software. The Licensee will be warned of the consequences of the utilization of untested features of the Software by a pop up message which will appear at the before utilization of such untested features.

7. Liability

The Licensee hereby agrees that any obligation SMODETECH undertakes under this License Agreement is an “obligation of mean”.

SMODETECH liability under this License Agreement is subject to the demonstration of a breach by SMODETECH of its essential obligations set forth in this License Agreement and a causal link between such breach and the damage for which compensation is sought by the Licensee.

SMODETECH liability shall not be engaged in case of non-compliance by the Licensee to any documentation or instruction, technical specification and/or recommendation provided by SMODETECH, including the case such documentation, instruction, technical specification or recommendation has been released by SMODETECH via its website.

The Licensee hereby agrees that SMODETECH liability is limited to actual, direct and personal damages caused to the Licensee under the condition such damages are demonstrated by the Licensee.

The Licensee undertakes to use its best efforts and take all possible measures to mitigate the potential damage it may suffer as a consequence of a breach by SMODETECH of its essential obligation under this License Agreement.

SMODETECH liability for any claim arising out of or in connection with this License Agreement shall be limited as follows:

- (i) SMODETECH shall not be liable for any incidental, consequential or special damages, including but not limited to, lost business or anticipated savings, loss of profits or third party claims, whether foreseeable or not, even if SMODETECH has been advised, knew or should have known of the possibility of such damages; and

- (ii) SMODETECH total liability, if any, shall not exceed the total fees (excluding VAT) paid by the Licensee under this License Agreement. In the case where fees are on a monthly basis the total liability of SMODETECH is limited to the fees paid by the Licensee over the last 12 months for the Software.

8. Force Majeure

In the case that the fulfillment by a Party of its obligation set forth in this License Agreement is impossible due to the occurrence of an event of Force Majeure as defined in the case law of the French Court of Cassation, the fulfillment of such obligation is suspended throughout the duration of the event of Force Majeure.

Neither Party shall be responsible for failure or delay of performance of its obligation if caused by an event of Force Majeure.

The Parties both undertake to use reasonable efforts to mitigate the effect of a Force Majeure event.

In the case the event of Force Majeure continues for more than 3 months, the present License Agreement may be terminated, as right and without further judicial formalities, by either Party on written notice to the other Party with immediate effect.

9. Intellectual Property

This License Agreement shall not be construed as transferring any property right of the Software to the Licensee, its computer code (including source code and binary code), graphics of its interface, documentation, and more generally any element related to the License. Such elements are and remain the sole property of SMODETECH.

SMODETECH reserves the right at it sole discretion to make improvements, corrections, adaptations, conversions, and/or any other changes to the Software.

SMODETECH warrants the Licensee that she holds or has acquired the intellectual property rights necessary in order to grant the Licensee with the right to use the Software as specified under this License Agreement.

In the case the Licensee is condemned by a court decision having become final and having for exclusive basis the demonstration that the Software is infringing intellectual property rights of third people, SMODETECH will pay a compensation to the Licensee, subject to the conditions set out below:

- (i) The Licensee shall promptly notify to SMODETECH any judicial action of which he is defendant, or any document informing of any such action;

- (ii) SMODETECH should have been able to defend its own interests and those of the Licensee. To do so, the Licensee shall have worked loyally in the defense by providing all the necessary elements and information to SMODETECH;

- (iii) SMODETECH must have been involved in all the negotiations for the conclusion of an out of court settlement agreement.

No compensation will be paid to the Licensee in the case the conviction of the Licensee or the claims of the third parties are caused in whole or part to:

- (i) An improper installation and/or utilization of the Software by the Licensee, modification or adaptation of the Software made by the Licensee or a third party engaged by the Licensee for this purpose;

- (ii) A failure of the Licensee to install corrections, improvements or evolutions of the Software;

In case the Software is considered as infringing the intellectual property rights of a third party, SMODETECH may at it sole discretion:

- (i) Obtain to the Licensee the right to use the Software;

- (ii) Replace the elements and/or the features of the Software concerned by the infringement by equivalent elements and/or features which do not constitute an infringement of any intellectual property rights belonging to third parties;

- (iii) Modify the Software so that it will no longer constitute an infringement of any intellectual property rights belonging to a third party;

- (iv) Reimburse the Licensee with all the fees billed for the utilization of the Software.

10. Non-disclosure

By virtue of this License Agreement, the Parties may have access to information that is confidential to one another (“Confidential Information”). Both Parties agree to disclose only information that is required for the performance of obligations under this License Agreement.

A Confidential Information shall not include information that:

- (i) is or becomes a part of the public domain through no act or omission of the other Party;

- (ii) was in the other Party lawful possession prior to the disclosure and had not been obtained by the other Party either directly or indirectly from the disclosing Party;

- (iii) is lawfully disclosed to the other Party by a third party without restriction on the disclosure;

- (iv) is independently developed by the other Party.

Both Parties agree not to disclose Confidential Information to any third party other than those set forth in the following sentence for a period of five years from the date of the disclosure of the Confidential Information to the receiving Party. A Party may disclose Confidential Information only to those employees or agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than under the License Agreement. Nothing shall prevent either Party from disclosing the terms or pricing under this License Agreement or orders submitted under this License Agreement in any legal proceeding arising from or in connection with the License Agreement or disclosing the Confidential Information to a governmental entity as required by law.

11. Termination

Either Party may terminate this License Agreement at any time upon notice by registered letter to the other Party if the other Party materially breaches this License Agreement and fails to remedy the breach within 30 days after receiving written notice by registered letter from the non-breaching Party, without prejudice to damages that might be claimed to the failure Party by the non-breaching Party.

In the case this License Agreement is terminated, the Licensee shall immediately cease to use the Software and remove all the copies of the Software from its information system.

12. Audit

Upon 30 days written notice, SMODETECH may audit the utilization of the Software by the Licensee. The Licensee agree to cooperate with SMODETECH during this audit and to provide reasonable assistance and access to information requested by SMODETECH. Any such audit shall not unreasonably interfere with the normal business operations of the Licensee.

In the case an audit reveals infringements committed by the Licensee concerning its utilization the Software, the Licensee agree to pay within 30 days of written notification any fees applicable to such utilization (at the current list price) of the Software. In the case the Licensee fails to pay such fees, SMODETECH may immediately terminate this License Agreement as stated under section 11 here above.

13. Business reference

The Licensee expressly authorizes SMODETECH to include its name, trade name and/or reproduce and represent the trademark, brand or logo of the Licensee as business reference on all presentation/communication documents, website, advertising campaigns related to the Software, including digital communications or advertising (insert, press kit, website, flyers…).

14. Import regulation

The Software may be subject to export/import regulations depending of the geographical of the servers of the Licensee. The Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain any necessary authorization to import the Software. The licensee commits to pay any taxes related to the importation/exportation of the Software.

15. Assignment

The Licensee shall not assign or transfer, in part or in whole, any rights or obligations under this License Agreement without prior written agreement of SMODETECH.

The Licensee authorize in advance SMODETECH to assign or transfer to any third party, whole or part of the rights and obligations set forth in this License Agreement.

16. Governing law and jurisdiction

This License Agreement shall be governed by the Laws of France without reference to the conflict of laws rules.

The Parties hereby agree to submit this License Agreement to the exclusive jurisdiction of the judicial court of Paris, France.

17. Miscellaneous

If any provision of this License Agreement is held to be invalid or unenforceable, such provision shall be severed from the license Agreement but all remaining provisions shall remain in full force and effect. The Parties agree to use their best efforts to replace any provision held to be invalid or unenforceable by a new provision in order to maintain the technical and economic balance of this License Agreement.

Any failure by SMODETECH to enforce the Licensee’s strict performance of any provision of this License Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this License Agreement.

17. Free softwares used in Smode

H.264

NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, THE VC-1 VIDEO STANDARD AND THE MPEG-4 VISUAL STANDARD. To the the extent that this software includes H.264/AVC, VC-1 and MPEG-4 Part 2 visual compression technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1 AND THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1 AND MPEG-4 PART 2 THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERICAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM. To the extent that third party software components contain MPEG-2 Video Standard encoding and/or decoding functionality, no license is granted or shall be implied for their use under any circumstance.

BSD

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

AUTODESK

This software contains Autodesk® FBX® code developed by Autodesk, Inc. Copyright 2014 Autodesk, Inc. All rights, reserved. Such code is provided “as is” and Autodesk, Inc. disclaims any and all warranties, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights.

In no event shall Autodesk, Inc. be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of such code.

FreeImage Public License - Version 1.0

1. Definitions.

1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.

1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.

1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.

1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.

1.5. "Executable" means Covered Code in any form other than Source Code.

1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.

1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

1.8. "License" means this document.

1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a

Modification is:

A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.

B. Any new file that contains any part of the Original Code or previous Modifications.

1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.

1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control

compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.

1.12. "You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the

direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. Source Code License.

2.1. The Initial Developer Grant.

The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

(a) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and

(b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell ("Utilize") the Original Code (or portions thereof), but solely to the extent that

any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or

combinations.

2.2. Contributor Grant.

Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

(a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and

(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that

may be necessary to Utilize further Modifications or combinations.

3. Distribution Obligations.

3.1. Application of License.

The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or

restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.

3.2. Availability of Source Code.

Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.

3.3. Description of Modifications.

You must cause all Covered Code to which you contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.

3.4. Intellectual Property Matters

(a) Third Party Claims.

If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you must include a text file with the source code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make

available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.

(b) Contributor APIs.

If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file.

3.5. Required Notices.

You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. If it is not possible to put such notice in a particular Source Code file due to its

structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or

liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.

3.6. Distribution of Executable Versions.

You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You

describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code under a license of Your choice, which may contain terms different from this License,

provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.

3.7. Larger Works.

You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.

4. Inability to Comply Due to Statute or Regulation.

If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.

5. Application of this License.

This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code.

6. Versions of the License.

6.1. New Versions.

Floris van den Berg may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.

6.2. Effect of New Versions.

Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Floris van den Berg

No one other than Floris van den Berg has the right to modify the terms applicable to Covered Code created under this License.

6.3. Derivative Works.

If you create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), you must (a) rename Your license so that the phrases "FreeImage", `FreeImage Public License", "FIPL", or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the FreeImage Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)

7. DISCLAIMER OF WARRANTY.

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.

This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

9. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE

EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10. U.S. GOVERNMENT END USERS.

The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.

11. MISCELLANEOUS.

This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Dutch law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the The Netherlands: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Almelo, The Netherlands; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the court of Almelo, The Netherlands with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.

12. RESPONSIBILITY FOR CLAIMS.

Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based

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- 350 € ex VAT for 1 year of Smode Studio – except exceptional rebates stated in writing

The fees stated here above are indicated exclude VAT and any taxes. VAT and applicable taxes will be added on the invoice send to the Licensee. In the case the Licensee is a foreign national of country in which specific accounting or taxes policies apply, the Licensee shall inform SMODETECH of such policies. Those policies will be taken in consideration by SMODETECH at the time of the invoice.

The Licensee will not be entitled to download copy of the Software until payment of the fees stated above have been receive in full. The Licensee is informed that the time required for payment approval depends on the payment method employed. SMODETECH may under no circumstances be held responsible for the time required for the payment approval.

SMODETECH can work with Fastspring and their factoring system which means that the Licensee can pay the fees and VAT through Fastspring. The invoice edited can be made by Fastspring.

Through FastSpring Inc, SMODETECH shall use industry standard encryption technology and secure commerce technique and strict security procedures in the storage and disclosure of information which have been given. The secure server software (SSL) encrypts all information input before it is sent.

4 Territory:

The rights granted under this License Agreement are limited to the following territories: Worldwide.

5 Dongle:

The utilization of the Software is subject to a dongle and associated to a license key. The dongle will be sent to the Licensee by SMODETECH. SMODETECH shall not be held responsible for the delay regarding the delivery date of the dongle. Your use of the Software is subject to your purchase and use of a CodeMeter dongle and a license key for use with that dongle. You should therefore keep your dongle and license key safe, as we shall not be responsible if you are unable to use the Software because your dongle or license key are damaged or lost. In the case your Dongle or your license key is lost or damaged the licensee will have to purchase a new Dongle or license key in order to use the Software at his own costs.

No cancellation of this License Agreement is possible after activation by the Licensee of the dongle.

6 Support

The support is via forum and e-mail at [email protected].

The Licensee declares he has read the General Terms and Conditions and its full acceptance of these General Terms and Conditions.

SAS Smode Tech

Support Policy

SMODE STUDIO

By and Between :

SMODETECH and the Licensee are hereinafter referred to as “the Parties”.

1. Contractual Agreement

This Support Policy comes together with the License Agreement regarding the Software SMODE STUDIO.

This Support Policy shall constitute the sole applicable terms regarding the support of the Software SMODE STUDIO. For the avoidance of doubt, should SMODETECH in its discretion accept the issuance of purchase orders, purchase order numbers or similar procedures at Licensee’s request, this shall be solely for the administrative convenience of the Licensee and any such documents or procedures shall not form part of this Support Policy or affect any of the obligations of the Parties.

2 Duration

The support is via the forum and the e-mail contact for 1 year (starting when activation by the Licensee of the dongle).

3. Support fees

The support fees are included in the fees paid for the period stated above.

In case of late payment of any support fees by the Licensee, SMODETECH will charge the Licensee with an interest at a rate equal to the rate charged by the European central bank 10% and in additional a flat fee for recovering of 40 euros.

4. Support services by email and Skype as stated above

The Licensee may first try to resolve its issue via the forum. The Licensee shall report to SMODETECH its support request via the email address provided by SMODETECH. The Licensee shall provide all necessary information for the understanding by SMODETECH of the error affecting the Software, including all the information necessary for the reproduction of the error. SMODETECH will have no obligation regarding a non-reproducible error.

The Licensee shall provide to SMODETECH any complementary information requested by SMODETECH regarding the error for which he has fulfilled a support request.

The support services will be provided by SMODETECH from Monday to Friday from 10am to 5pm - Paris time (hereinafter the “opened support hours”). The support policy is not available on week-ends and during French public holidays.

Subject to the period where support services are provided, SMODETECH shall use its reasonable efforts in order to provide the Licensee with:

- Acknowledgment of the support request within 24 opened support hours starting from the moment the Licensee sent the support request;

- Response to the support request within 48 opened support hours starting from the moment the Licensee sent the support request. For the avoidance of doubt, it is precised that under this response delay, SMODETECH will have no obligation to correct the error but solely the obligation to diagnose the error and to set out a correction plan;

In the case the support request has been sent out of the opened support hours, countdown of the SMODETECH acknowledgment and/or response delay will be automatically postponed until the next first opened support hours.

SMODETECH will make its best efforts to correct the error as soon as possible but SMODETECH cannot undertake to correct an error affecting the Software within a predetermined fixed period.

In case of use of the Software in connection with a high importance activity for the Licensee (such as live performance, rehearsals, video live recording…), the Licensee shall make its best efforts in order to test the Software in a test environment 30 days prior to the date of the high importance activity. This test environment shall meet the production environment which will be use for the high importance activity (such as hardware, upstream/downstream devices…).

In the case that after the test, it is found that the Licensee needs support of the Software in connection with the high importance activity, the Licensee shall inform SMODETECH with a 30 days prior notice of the support request. This notice shall describe the test process followed by the Licensee, the test results, the error affecting the Software and any relevant information regarding third party products (such as software, hardware…) the Software is use in connection with.

In order to allow SMODETECH to correct the error affecting the Software, the Licensee undertakes to follow any instruction of SMODETECH and to realize all the tests requested by SMODETECH.

Where possible, SMODETECH shall give priority to correction of the error affecting the Software by remote access. To this end, the Licensee shall enable SMODETECH to remotely access the server where the Software is installed. In case of a remote access, SMODETECH undertakes to follow all the instructions given by the Licensee for the remote access and to follow all the reasonable safety measure requested by the Licensee.

In order to correct some errors affecting the Software and if appropriate, SMODETECH can release correction patches and send it to the Licensee or make it available by download through its website. The Licensee is responsible for the installation of a correction patch.

Under this Support Policy, SMODETECH has no obligation to deliver any version of the Software containing enhancement of the software such as evolution of its architecture, new ergonomic, new features. For this purpose, SMODETECH will upon request of the Licensee provide a commercial proposal.

5. Support exclusion

SMODETECH shall have no obligation to deliver the support services in the case the Licensee:

- uses the Software in connection with hardware which does not match the requested technical specification;

- uses the Software contrary to the documentation provided by SMODETECH;

- has not installed a correction patch correcting the error for which the Licensee is requesting support services;

- is not maintaining the technical environment requested by SMODETECH;

- does not provide SMODETECH with the requested information;

- does not follow the instructions provided by SMODETECH;

- does not realize the tests requested by SMODETECH;

- has modified the source code of the Software;

- is in breach with any provision of the License Agreement.

SMODETECH provide support services for the last major version of the Software. In the case the Licensee is requesting support services for a prior version of the Software, SMODETECH will transmit a commercial proposal.

6. Limited liability

SMODETECH is not liable in the case the error is due to a compatibly issue between the Software and any third party products (such as software, hardware) the Software is used in connection with and has no obligation to correct such issues under this Support Policy. In the case the Software is used in connection with third party software the Licensee is responsible to verify the compatibility of such third party software with the Software.

The Licensee hereby agrees that any obligation SMODETECH undertakes under this Support Policy is an “obligation of mean”.

SMODETECH liability is subject to the demonstration of a breach by SMODETECH of its essential obligations set forth in this agreement and a causal link between such breach and the damage for which compensation is sought by the Licensee.

The Licensee hereby agrees that SMODETECH liability is limited to actual, direct and personal damages caused to the Licensee under the condition such damages are demonstrated by the Licensee. The Licensee undertakes to use its best efforts and take all possible measures to mitigate the potential damage it may suffer as a consequence of a breach by SMODETECH of its essential obligation under this License Agreement.

SMODETECH liability for any claim arising out of or in connection with this License Agreement shall be limited as follows:

- (ii) SMODETECH total liability, if any, shall not exceed the total fees (excluding VAT) paid by the Licensee under the License Agreement. In the case where fees are on a monthly basis the total liability of SMODETECH is limited to the fees paid by the Licensee over the last 12 months for the Software.

Neither Party shall be responsible for failure or delay of performance of its obligation if caused by an event of Force Majeure as defined in the case law of the French Court of Cassation.

7. Termination

Either Party may terminate this agreement at any time upon notice by registered letter to the other Party if the other Party materially breaches this agreement and fails to remedy the breach within 30 days after receiving written notice by registered letter from the non-breaching Party, without prejudice to damages that might be claimed to the failure Party by the non-breaching Party.

Termination of this support Policy for any cause whatsoever will have no effect regarding the License Agreement unless the Parties agree otherwise in writing.

Termination of the License Agreement for any cause whatsoever will automatically terminates this Support Policy and SMODETECH will have no further obligation to provide any support service.

8. Governing law and jurisdiction

This agreement shall be governed by the Laws of France without reference to the conflict of laws rules.

The Parties hereby agree to submit this agreement to the exclusive jurisdiction of the judicial court of Paris, France.

9. Miscellaneous

If any provision of this agreement is held to be invalid or unenforceable, such provision shall be severed from the agreement but all remaining provisions shall remain in full force and effect. The Parties agree to use their best efforts to replace any provision held to be invalid or unenforceable by a new provision in order to maintain the technical and economic balance of this agreement.

Any failure by SMODETECH to enforce the Licensee’s strict performance of any provision of this agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this License Agreement.

SAS Smode Tech

License Agreement

Specific Terms and Conditions

SMODE DESIGNER

By and Between:

SMODETECH and the Licensee are hereinafter referred to as “the Parties”.

11. Software

Under this STC, SMODETECH grants to the Licensee the right to use the SMODE DESIGNER Software Product subject to the respect of the following metrics:

The Licensee can install Smode Designer on any computer, but he will need to insert a dongle in the computer to use the software. One dongle allows the licensee to use the software on one computer at a time. The Licensee will receive the dongle when buying it (Fees stated below).

SMODETECH allows the Licensee to rent Smode Designer to his clients. The licensee will be responsible for this rent, SMODETECH’ only client will still be the licensee who paid the fees.

12. Fees

The Licensee commits to pay the fees hereunder:

- 100 euros ex VAT for the Smode Dongle – except exceptional rebates stated in writing

- 1 000 euros ex VAT for 1 year of Smode Designer – except exceptional rebates stated in writing

SMODETECH can work with Fastspring and their factoring system which means that the Licensee can pay the fees and VAT through Fastspring. The invoice edited can be made by Fastspring.

7 Territory:

The rights granted under this License Agreement are limited to the following territories: Worldwide.

8 Dongle:

No cancellation of this License Agreement is possible after activation by the Licensee of the dongle.

9 Support

The support is via forum and e-mail at [email protected].

The Licensee declares he has read the General Terms and Conditions and its full acceptance of these General Terms and Conditions.

SAS Smode Tech

Support Policy

SMODE DESIGNER

By and Between :

SMODETECH and the Licensee are hereinafter referred to as “the Parties”.

1. Contractual Agreement

This Support Policy comes together with the License Agreement regarding the Software SMODE DESIGNER.

This Support Policy shall constitute the sole applicable terms regarding the support of the Software SMODE DESIGNER. For the avoidance of doubt, should SMODETECH in its discretion accept the issuance of purchase orders, purchase order numbers or similar procedures at Licensee’s request, this shall be solely for the administrative convenience of the Licensee and any such documents or procedures shall not form part of this Support Policy or affect any of the obligations of the Parties.

3 Duration

The support is via the forum and the e-mail contact for 1 year (starting when activation by the Licensee of the dongle).

3. Support fees

The support fees are included in the fees paid for the unlocked period stated above.

4. Support services by email as stated above

The Licensee shall provide to SMODETECH any complementary information requested by SMODETECH regarding the error for which he has fulfilled a support request.

Subject to the period where support services are provided, SMODETECH shall use its reasonable efforts in order to provide the Licensee with:

- Acknowledgment of the support request within 24 opened support hours starting from the moment the Licensee sent the support request;

SMODETECH will make its best efforts to correct the error as soon as possible but SMODETECH cannot undertake to correct an error affecting the Software within a predetermined fixed period.

In order to allow SMODETECH to correct the error affecting the Software, the Licensee undertakes to follow any instruction of SMODETECH and to realize all the tests requested by SMODETECH.

5. Support exclusion

SMODETECH shall have no obligation to deliver the support services in the case the Licensee:

- uses the Software in connection with hardware which does not match the requested technical specification;

- uses the Software contrary to the documentation provided by SMODETECH;

- has not installed a correction patch correcting the error for which the Licensee is requesting support services;

- is not maintaining the technical environment requested by SMODETECH;

- does not provide SMODETECH with the requested information;

- does not follow the instructions provided by SMODETECH;

- does not realize the tests requested by SMODETECH;

- has modified the source code of the Software;

- is in breach with any provision of the License Agreement.

6. Limited liability

The Licensee hereby agrees that any obligation SMODETECH undertakes under this Support Policy is an “obligation of mean”.

SMODETECH liability for any claim arising out of or in connection with this License Agreement shall be limited as follows:

Neither Party shall be responsible for failure or delay of performance of its obligation if caused by an event of Force Majeure as defined in the case law of the French Court of Cassation.

7. Termination

Termination of this support Policy for any cause whatsoever will have no effect regarding the License Agreement unless the Parties agree otherwise in writing.

Termination of the License Agreement for any cause whatsoever will automatically terminates this Support Policy and SMODETECH will have no further obligation to provide any support service.

8. Governing law and jurisdiction

This agreement shall be governed by the Laws of France without reference to the conflict of laws rules.

The Parties hereby agree to submit this agreement to the exclusive jurisdiction of the judicial court of Paris, France.

9. Miscellaneous

SAS Smode Tech

License Agreement

Specific Terms and Conditions

SMODE DESIGNER XT

By and Between:

SMODETECH and the Licensee are hereinafter referred to as “the Parties”.

13. Software

Under this STC, SMODETECH grants to the Licensee the right to use the SMODE DESIGNER XT Software Product subject to the respect of the following metrics:

The Licensee can install Smode Designer XT on any computer, but he will need to insert a dongle in the computer to use the software. One dongle allows the licensee to use the software on one computer at a time. The Licensee will receive the dongle when buying it (Fees stated below).

SMODETECH allows the Licensee to rent Smode Designer XT to his clients. The licensee will be responsible for this rent, SMODETECH’ only client will still be the licensee who paid the fees.

14. Fees

The Licensee commits to pay the fees hereunder:

- 100 euros ex VAT for the Smode Dongle – except exceptional rebates stated in writing

- 2 000 euros ex VAT for 1 year of Smode Designer XT – except exceptional rebates stated in writing

SMODETECH can work with Fastspring and their factoring system which means that the Licensee can pay the fees and VAT through Fastspring. The invoice edited can be made by Fastspring.

10 Territory:

The rights granted under this License Agreement are limited to the following territories: Worldwide.

11 Dongle:

No cancellation of this License Agreement is possible after activation by the Licensee of the dongle.

12 Support

The support is via forum and e-mail at [email protected].

The Licensee declares he has read the General Terms and Conditions and its full acceptance of these General Terms and Conditions.

SAS Smode Tech

Support Policy

SMODE DESIGNER XT

By and Between :

SMODETECH and the Licensee are hereinafter referred to as “the Parties”.

1. Contractual Agreement

This Support Policy comes together with the License Agreement regarding the Software SMODE DESIGNER XT.

This Support Policy shall constitute the sole applicable terms regarding the support of the Software SMODE DESIGNER XT. For the avoidance of doubt, should SMODETECH in its discretion accept the issuance of purchase orders, purchase order numbers or similar procedures at Licensee’s request, this shall be solely for the administrative convenience of the Licensee and any such documents or procedures shall not form part of this Support Policy or affect any of the obligations of the Parties.

4 Duration

The support is via the forum and the e-mail contact for 1 year (starting when activation by the Licensee of the dongle).

3. Support fees

The support fees are included in the fees paid for the unlocked period stated above.

4. Support services by email as stated above

The Licensee shall provide to SMODETECH any complementary information requested by SMODETECH regarding the error for which he has fulfilled a support request.

Subject to the period where support services are provided, SMODETECH shall use its reasonable efforts in order to provide the Licensee with:

- Acknowledgment of the support request within 24 opened support hours starting from the moment the Licensee sent the support request;

SMODETECH will make its best efforts to correct the error as soon as possible but SMODETECH cannot undertake to correct an error affecting the Software within a predetermined fixed period.

In order to allow SMODETECH to correct the error affecting the Software, the Licensee undertakes to follow any instruction of SMODETECH and to realize all the tests requested by SMODETECH.

5. Support exclusion

SMODETECH shall have no obligation to deliver the support services in the case the Licensee:

- uses the Software in connection with hardware which does not match the requested technical specification;

- uses the Software contrary to the documentation provided by SMODETECH;

- has not installed a correction patch correcting the error for which the Licensee is requesting support services;

- is not maintaining the technical environment requested by SMODETECH;

- does not provide SMODETECH with the requested information;

- does not follow the instructions provided by SMODETECH;

- does not realize the tests requested by SMODETECH;

- has modified the source code of the Software;

- is in breach with any provision of the License Agreement.

6. Limited liability

The Licensee hereby agrees that any obligation SMODETECH undertakes under this Support Policy is an “obligation of mean”.

SMODETECH liability for any claim arising out of or in connection with this License Agreement shall be limited as follows:

Neither Party shall be responsible for failure or delay of performance of its obligation if caused by an event of Force Majeure as defined in the case law of the French Court of Cassation.

7. Termination

Termination of this support Policy for any cause whatsoever will have no effect regarding the License Agreement unless the Parties agree otherwise in writing.

Termination of the License Agreement for any cause whatsoever will automatically terminates this Support Policy and SMODETECH will have no further obligation to provide any support service.

8. Governing law and jurisdiction

This agreement shall be governed by the Laws of France without reference to the conflict of laws rules.

The Parties hereby agree to submit this agreement to the exclusive jurisdiction of the judicial court of Paris, France.

9. Miscellaneous