Atomian Cognitive Architects, S.L. licenses for use terms and conditions CONDITIONS AND IMPORTANT LEGAL NOTICE FOR ALL USERS: PLEASE READ THE LEGAL CONTRACT BELOW CAREFULLY BEFORE YOU BEGIN USING THE ATOMIAN SOFTWARE TOOL PACKAGE. BY CLICKING ON ACCEPT IN THE LICENSE AGREEMENT WINDOW OR ENTERING THE CORRESPONDING SYMBOL(S), YOU AGREE TO THIS CONTRACT’S TERMS AND CONDITIONS. THIS ACTION IS THE SAME AS PHYSICALLY SIGNING AN AGREEMENT AND BY DOING SO YOU ARE GIVING YOUR CONSENT TO ENTER INTO THIS CONTRACT AND ARE ACCEPTING THIS DOCUMENT TO BE AS VALID AS ANY OTHER WRITTEN AGREEMENT THAT YOU HAVE NEGOTIATED AND SIGNED PHYSICALLY. IF YOU DO NOT AGREE TO THE CONTRACT’S TERMS AND CONDITIONS, CANCEL THE INSTALLATION AND DO NOT INSTALL THE ATOMIAN SOFTWARE TOOL PACKAGE. YOU CAN ONLY USE ATOMIAN SOFTWARE ACCORDING TO THIS CONTRACT’S TERMS AND CONDITIONS AND AFTER CLICKING ON ACCEPT IN THE LICENSING AGREEMENT WINDOW OR ENTERING THE CORRESPONDING SYMBOL(S). IN THE EVENT THAT THE ATOMIAN SOFTWARE IS ACCOMPANIED BY A LICENSE AGREEMENT IN WRITTEN FORM OR A LICENSE CERTIFICATE, THE CONDITIONS OF USE FOR THAT PROGRAM THAT ARE ESTABLISHED IN ITS SPECIFIC LICENSE AGREEMENT OR THE LICENSE CERTIFICATE ARE ALSO COMPULSORY FOR THE END USER. _______________________________________________________________________________ Previous. Definitions: Atomian Software toolkit or ATOMIAN SOFTWARE: A set of software tools, which must be installed and implemented with server software and various other control components. 1. Granting of the license 1.1. ATOMIAN COGNITIVE ARCHITECTS, S.L. hereby grants you a non-exclusive license to store, upload, install, execute and view (use) the ATOMIAN SOFTWARE, in accordance with all the technical requirements and conditions contained in this Agreement (the License). If you accept this License: 1.2. You have the right to make a copy of the ATOMIAN SOFTWARE exclusively for backup purposes and only to replace the copy you legally possess should that copy be lost, destroyed or become unusable. You may not use this backup copy for any other purpose and must destroy it when you lose the right to use the ATOMIAN SOFTWARE or when your license expires or is terminated for any other reason, in accordance with the legislation in force in your country of habitual residence or in the country where you are using the Software. 1.3. You are aware that the Atomian Software Toolkit requires integration with a set of components that are described in the technical requirements of this license. 1.4. Once the ATOMIAN TOOLS package is installed, you have the option of accessing the following from ATOMIAN COGNITIVE ARCHITECTS, S.L.: • Use of the tool within the terms established in this license. • Information about ATOMIAN SOFTWARE updates on the Internet when ATOMIAN COGNITIVE ARCHITECTS, S.L. can publish them on its website or through other online services, as well as their rates. Any Update that you may receive will become part of the ATOMIAN SOFTWARE and the terms and conditions of this Agreement will apply to it. • Access to ATOMIAN COGNITIVE ARCHITECTS, S.L information and complimentary resources. 1.5. Once the ATOMIAN tools package is installed, the resulting Software will collect data from the user’s different data sources and will transfer them to the ATOMIAN database. The client will consequently have access to the ATOMIAN server and can perform, without any quantitative limit, as many queries as they want from their data pool. 1.6. This license is solely and exclusively granted to the contractor, who cannot assign it to another third party; however, and without prejudice to the above, the user may register as many users as they consider necessary, as long as there is an employment relationship and they have sufficient authority to access that data. ATOMIAN declines all responsibility, supervision and control of the users, which the contractor assumes. 1.7. This License allows the user to use ATOMIAN SOFTWARE in Spanish. 2. Start and term of validity 2.1. If you make changes to programs from other providers installed on your devices, ATOMIAN COGNITIVE ARCHITECTS, S.L. may ask you to reactivate the ATOMIAN SOFTWARE or reinstall the license file. ATOMIAN COGNITIVE ARCHITECTS, S.L. reserves the right to use any verification procedures to verify the validity of the License and/or the legality of the Software installed and/or used on your device. 2.2. ATOMIAN software can be used after accepting this Agreement for the period specified during the purchase process or as specified in any additional agreements made. 2.3. Without prejudice to all the legal and equity options available to ATOMIAN COGNITIVE ARCHITECTS, S.L., should you violate any of the terms and conditions in this Agreement, ATOMIAN COGNITIVE ARCHITECTS, S.L. will have, at any time and without any type of notification, the right to terminate this Software License for Use without refunding the purchase price. 2.4. By using the ATOMIAN SOFTWARE and obtaining any type of report or information as a result of the use of this software, you accept compliance with all applicable international, national, state, regional and local laws and regulations, including, although not limited to, privacy, copyright, export control and obscenity laws. 2.5. Except as expressly stipulated otherwise herein, you may not transfer or assign any of the rights granted to you by this Agreement, nor any of your obligations by virtue of what is established herein. 3. Data collection 3.1. You agree to automatically provide the following information: • Data regarding the license used (including its identifier and type) • License expiration date. • Number and identification of the order when buying the license • Name of the distributor from whom you purchased the license • Name of the company that has acquired it, description of the current license • Activation and expiration dates. 3.2. Likewise, you acknowledge and accept that any type of information collected by ATOMIAN COGNITIVE ARCHITECTS, S.L. can be used for registers and to publish reports, according to the sole and exclusive criteria of ATOMIAN COGNITIVE ARCHITECTS, S.L. 3.3. To verify the Software’s legitimacy, ATOMIAN COGNITIVE ARCHITECTS, S.L. reserves the right to verify that you have a licensed copy of the ATOMIAN SOFTWARE. The ATOMIAN Software may transmit information that ATOMIAN COGNITIVE ARCHITECTS, S.L. needs to verify the legitimacy of the Software tools. 4. Limitations 4.1. You will not clone, lease, loan, sell, modify, decompile or reverse the engineering of the ATOMIAN SOFTWARE and will not create derivative works from the Software or any part of it, with the exclusive exception of a right not subject to withdrawal that relevant legislation may provide and, otherwise, you will not transfer the ATOMIAN SOFTWARE granted under license or any subset of the Software licensed, nor will you allow a third party to do so, except to the extent that any applicable law expressly prohibits the above restriction. ATOMIAN COGNITIVE ARCHITECTS, S.L. reserves all rights that are not expressly granted herein. Any unauthorized use of the Software will result in immediate and automatic termination of this Agreement and the License that is granted by it and may result in criminal and/or civil proceedings against you. 4.2. You will not transfer the rights to use the Software to any third party, except as provided in an additional agreement, if applicable. 4.3. You will not give a third party the license key file or allow them to access that license code, which are considered ATOMIAN COGNITIVE ARCHITECTS, S.L. confidential data. 4.4. You will not use the ATOMIAN SOFTWARE for the purpose of carrying out illegal actions. 4.5. If the user violates any ATOMIAN SOFTWARE intellectual property rights, the offender will be held civilly, administratively or criminally liable for their actions in accordance with current legislation. 5. Limited warranty and liability exemption 5.1. ATOMIAN COGNITIVE ARCHITECTS, S.L. guarantees that the ATOMIAN toolkit will perform substantially in accordance with the specifications and descriptions established in the agreement; however, the limited warranty does not apply to the following: (a) any deficiencies in your system or devices and associated violations for which ATOMIAN COGNITIVE ARCHITECTS, S.L. expressly withdraws the benefits of all warranties; (b) malfunction, defects or failures that arise from improper use; abuse; accidents; negligence; improper installation, operation or maintenance performed by You or a third party; theft; vandalism; force majeure; interruptions or overloads in the electricity supply; unauthorized alterations or modification or repairs made by someone other than ATOMIAN COGNITIVE ARCHITECTS, S.L. employees; or third parties’ or your actions or causes that take reasonable control out of ATOMIAN COGNITIVE ARCHITECTS, S.L. hands; (c) any defect that was not communicated to ATOMIAN COGNITIVE ARCHITECTS, S.L. as soon as possible after it occurred; and (d) incompatibility caused by a hardware and/or software component installed on your device or software on which the toolkit has been installed. Likewise, improper actions by you can also void this warranty: (i) Modification of the structures of the sources of origin. (ii) If your source data is not correct, the results obtained from the ATOMIAN software will not be correct either. (iii) Attempting to modify or manipulate the ATOMIAN COGNITIVE ARCHITECTS, S.L. database. 5.2. You acknowledge, accept and agree that no software is exempt from errors and you are advised to make a backup copy of the device with the frequency and reliability that you consider appropriate. 5.3. You acknowledge, accept and agree that ATOMIAN COGNITIVE ARCHITECTS, S.L. will not be responsible for any deletion of data authorized by you. The aforementioned data may include personal or confidential information. 5.4. ATOMIAN COGNITIVE ARCHITECTS, S.L. does not offer any guarantee that the Software will work correctly should any of the terms described in this Agreement be breached. 5.5. ATOMIAN COGNITIVE ARCHITECTS, S.L. does not guarantee that the ATOMIAN SOFTWARE will work correctly if you do not regularly download the Updates that ATOMIAN COGNITIVE ARCHITECTS, S.L. informs or publishes on its website. 5.6. You acknowledge and agree that ATOMIAN COGNITIVE ARCHITECTS, S.L. is not responsible for any delay or failure caused by the quality of the services provided by Your Internet or mobile telephone service provider. ATOMIAN COGNITIVE ARCHITECTS, S.L. is not responsible for any failure of the ATOMIAN Software caused by using the system with a language that is not Spanish. 5.7. ATOMIAN COGNITIVE ARCHITECTS, S.L. does not guarantee the use or performance of the software, beyond those expressly stated, except in the case of its warranty, condition, declaration or term that cannot be excluded or limited by applicable law. You assume all the faults, and the entire risk in regard to performance and having chosen the ATOMIAN SOFTWARE to achieve the results you pursue, and for the installation, use and results obtained from the software. Without limitation to the above, ATOMIAN COGNITIVE ARCHITECTS, S.L. gives no guarantee that the software is free of errors or free of interruptions or other types of failures or that the software will comply with some or all of its requirements. 5.8. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ATOMIAN COGNITIVE ARCHITECTS, S.L., ITS EMPLOYEES, OR ITS LICENSORS BE LIABLE FOR LOSS OF PROFITS, REVENUE OR SALES; LOSS OF DATA OR RESOURCES SPENT TO OBTAIN SUBSTITUTE PRODUCTS OR SERVICES; PROPERTY DAMAGE; PERSONAL INJURY; INTERRUPTION OF BUSINESS ACTIVITIES; LOSS OF COMMERCIAL INFORMATION OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, FINANCIAL, COVERAGE, CRIMINAL, SPECIAL OR SUCCESSIVE DAMAGES CAUSED IN ANY WAY, WHETHER ARISING OUT OF AGREEMENT, GRIEVANCE, NEGLIGENCE OR OTHER MANNER THAT ESTABLISHES THE OCCURRENCE OF LIABILITY, SUPPORTED BY THE USE OR THE INCAPACITY OF USE OF THE SOFTWARE, EVEN IN THE CASE THAT ATOMIAN COGNITIVE ARCHITECTS, S.L., ITS LICENSORS OR ITS AFFILIATES HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that, in the case that ATOMIAN COGNITIVE ARCHITECTS, S.L. were held liable, such liability will be limited to the costs of the ATOMIAN SOFTWARE. Said liability will in no case exceed the charges that have been paid for the Software. 6. Intellectual property ownership 6.1. You agree that the ATOMIAN SOFTWARE and the authorship, systems, ideas and methods of operation, as well as all documentation and other information contained in the ATOMIAN SOFTWARE, are the intellectual property and/or the valuable trade secrets of ATOMIAN COGNITIVE ARCHITECTS, S.L., and that ATOMIAN COGNITIVE ARCHITECTS, S.L., enjoys the protection of civil and criminal law, as well as copyright, trade secrets, trademarks and patents law. This Agreement does not give you any rights to ATOMIAN COGNITIVE ARCHITECTS, S.L. intellectual property, including any of their trademarks or service marks. You may use the Trademarks only to identify any printed production generated by the ATOMIAN SOFTWARE, in accordance with accepted trademark practice, including identification of the Trademark owner's name. Said use of the Trademark does not confer any type of ownership right over that Trademark. ATOMIAN COGNITIVE ARCHITECTS, S.L. owns and retains all rights and titles over and interests in the ATOMIAN SOFTWARE, including, but not limited to, all corrections of errors, improvements, Updates or other kind of modifications to the ATOMIAN SOFTWARE, regardless of whether they are made by ATOMIAN COGNITIVE ARCHITECTS, S.L. or by any third party; it is also owner of all author's rights, patents, trade secret rights, trademarks and other intellectual property rights that are established therein. Your possession, installation or use of the ATOMIAN SOFTWARE does not transfer to you any title over the intellectual property of the ATOMIAN SOFTWARE, and you will not acquire any type of right over the ATOMIAN SOFTWARE except for those expressly established in this ATOMIAN SOFTWARE Agreement. Except as otherwise provided herein, this Agreement does not give you any kind of intellectual property rights over the ATOMIAN SOFTWARE, and you acknowledge that the License, as defined in more detail herein, and granted by this Agreement, only gives you limited rights of use under the terms and conditions of this Agreement. ATOMIAN COGNITIVE ARCHITECTS, S.L. reserves all the rights that are not expressly conferred by this Agreement. 6.2. You acknowledge that the ATOMIAN SOFTWARE license source code is the property of ATOMIAN COGNITIVE ARCHITECTS, S.L. and are their trade secrets. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the ATOMIAN SOFTWARE source code in any way. 6.3 You agree not to modify or alter the ATOMIAN SOFTWARE in any way. You will not remove or alter any copyright notice or other type of notice of ownership on any ATOMIAN SOFTWARE copies. 6.4 The Atomian system includes the following third-party software components: 6.4.1 Wordnet, developed by Princeton University. 6.4.2 MySQL. 7. Applicable Law 7.1. This Agreement will be governed by and interpreted in accordance with the legislation specified for the country or territory in which you acquired the Software. 7.2. Notwithstanding the foregoing, if the legislation or public policy in force in any country or territory in which this Agreement is applied or interpreted prohibits the application of the laws specified in this document, the applicable legislations of that country or territory will apply instead, but only to the extent that such laws or public policies so require. 8. Term for the initiation of actions 8.1. Neither party may initiate an action, regardless of its form, arising from the transactions that are carried out under this Agreement more than one (1) year after the date on which the right of action arises or after which the action was discovered, except in the case of an action for infringement of intellectual property rights, which may be initiated within the maximum applicable period of time. 9. Entirety of the agreement; divisibility; 9.1. You acknowledge that you have read this Agreement, that you understand it and agree to be bound by its terms. If a court with competent jurisdiction considers that any clause in this Agreement is invalid, void or unenforceable for any reason, in whole or in part, it will be interpreted in a more limited manner so that it becomes lawful and enforceable, and the entire Agreement will not lose value due to this, and the rest of the Agreement will continue to have full force and effect, to the maximum extent permitted by law or the equity system, and it will always preserve, to the maximum extent possible, its original intention. 10. ATOMIAN COGNITIVE ARCHITECTS, S.L. contact details You can contact ATOMIAN COGNITIVE ARCHITECTS, S.L., at: ATOMIAN COGNITIVE ARCHITECTS, S.L. Email: info@atomian.com Website: http://www.atomian.com Telephone: +34 935 040 991