End user licence agreement for Compumine® Rule Discovery System™, Evaluation License

Important – please read carefully

This agreement is a binding contract between You, the user of the Licensed Software, and Compumine for the use of the Licensed Software. To download, install and use the Licensed Software, You must accept the terms of this agreement by clicking on the ACCEPT button or similar functionality provided. By doing so You accept that The agreement applies to all Your use of the Licensed Software, both on this installation or on any other computer on which the Licensed Software is installed. By installing and using the Licensed Software, You accept the conditions of The agreement and agree that You will abide by The agreement.

You accept that the ACCEPT button or similar functionality provided shall be valid for entering into a legally-binding agreement. This will apply irrespective of the provisions of any legislation.

Legislation: If the legislation in Your jurisdiction prevents You from entering into this agreement, or in some other way makes parts of The agreement invalid, You must not enter into The agreement and must not download, install or use the Licensed Software.

1 Background and aim

Compumine develops and markets the Rule Discovery System™ (RDS™) software. RDS™ can be used to analyse data and automatically generate predictive models consisting of logical rules. These models can be used to calculate (predict) otherwise difficult-to-obtain variables associated with the objects which the data represents, based on more easily obtained variables.

The purpose of this agreement is to permit Compumine to make its Rule Discovery System™ (RDS™) software easily accessible to You, as the user and licensee, so that You will be able to make the greatest possible use of it, so that You, as licensee, can choose to pay for the use of the software when You are sure that it provides You with specific value.

2 Definitions

”The agreement”: This agreement.

”Compumine”: The company, Compumine AB, registered in Sweden with VAT/corporate ID number: SE556630251801

”Compumine’s website”: All content available on the domain www.compumine.com or any other domain owned by Compumine.

”Licensed Software”: Compumine® Rule Discovery System™ Modeling Edition for Microsoft® Windows® or Compumine® Rule Discovery System™ Modeling Edition for Linux®, which is distributed by Compumine for the analysis of data, including computer codes, documentation and any future corrections, updates and upgrades.

”You”: You as a legal entity who is the end-user of the Licensed Software and who has entered into The agreement with Compumine. As a legal entity, "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 more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. ”You” is also used in the form ”Your”.

”User account”: Your account on Compumine’s website.

”Intellectual property rights”: All intellectual property rights in or related to the Licensed Software, documentation and/or Compumine’s website, including but not limited to copyright, trade marks, patents, know-how, trade secrets, etc.

“Commercial Purpose”: Means that the Licensed Software is used for any application where any results, knowledge, or other intellectual property resulting from its use is not intended for the public domain and will remain private and/or will be used by the licensee or a third party, including the use of the Licensed Software to process data belonging to others on a commercial basis.

3 Licence

Under the terms of this agreement, You are granted a non-exclusive, non-transferable, and non-assignable right to download, install and use an unlimited number of copies of Licensed software for the purpose of evaluation on the terms and conditions set forth in this license agreement.

4 Use of Licensed Software

4.1 Permitted use

You are permitted to use the Licensed Software only for the purpose of evaluation. You are not permitted to use the software for any Commercial Purpose or for other purposes, such as investigating how it is constructed, etc. For using the software for Commercial Purposes, You must enter into a separate Commercial Use licence agreement with Compumine. In the event that commercial results are produced under this licence and the You would like to keep such results in private possession, this evaluation licence may retroactively be converted to a standard commercial licence through payment of the at the time current licence fee.

4.2 No distribution or reselling

You are not permitted, nor are You permitted to allow anyone else, to use, copy or transfer the Licensed Software in whole or in part in any way other than that specified in this licence agreement.

4.3 No modifications

You are not permitted to modify, decompile or disassemble the Licensed Software beyond that which is prescribed by law. If You discover that You require information not available in the provided documentation on the interaction between the Rule Discovery System™ family and other programs, You must first contact Compumine to gain access to this information. If Compumine then judges that You require this information for legitimate purposes, Compumine shall provide this information to You on reasonable terms and in a reasonable time.

You are not permitted to delete or alter any notices relating to intellectual property rights in Licensed Software or other material.

4.4 Compumine’s right to the Licensed Software

This agreement relates solely to Your right to use the Licensed Software, and does not imply any transfer of any intellectual property rights in respect of the Licensed Software. These shall be exclusively owned by Compumine and/or Compumine’s licensors.

4.5 The intellectual property rights of third parties

The Licensed Software may include software and technology which is owned and controlled by third parties. All such software or technology which is included in the Licensed Software is covered by this agreement.

4.6 No transfer of rights

You are not permitted to transfer any rights associated with the Licensed Software to third parties.

5 Username, password and license key

To enable You to use the Licensed Software, Compumine supplies a username and a unique licence key. Your license key is linked to your User account on Compumine’s website, and can be viewed on the ‘My Account’ section on the website. Your user name for Licensed Software is the same as Your user name on Compumine’s website. You are responsible for keeping the licence key and the password to Your User account on Compumine’s website confidential.

6 Warranties and limitation of liability

6.1 Disclaimer of Warranty

THIS SOFTWARE IS BEING PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

6.2 Limitation of liability

You bear the whole risk for your use of the Licensed Software. Compumine is not liable and has no obligation to compensate You for any form of direct or indirect or consequential loss which may arise in consequence of the downloading, installation or use by You of the Licensed Software, or any defects in Licensed Software.

6.3 Indemnification

You shall indemnify Compumine for all claims and costs which may arise in connection with or are caused by any breach of this agreement by You, if Your use of the software infringes the rights of third parties, if the software is misused or modified, or for any other claims which may arise against You or Compumine as a result of Your use or handling of the Licensed Software.

7 No Support

If You have not entered into a separate support agreement in addition to this agreement, Compumine has no obligation to provide support over and above that stated above. You are, however, free to use the discussion forums on Compumine’s website and other means which Compumine may provide from time to time.

8 New versions of the Licensed Software

Compumine has no obligation to provide new versions of the Licensed Software. Compumine retains the right to decide whether to extend or modify the functionality, provide rectifications for programming faults and/or provide updates or upgrades.

It may be necessary for You to enter into a new license agreement in the event that You wish to download, install or use a new version of the Licensed Software.

9 Period of The agreement and notice of termination

9.1 Period of validity

The agreement runs from the date on which it was entered into until terminated, either by You or by Compumine.

9.2 Compumine’s termination right

Compumine may terminate this agreement with immediate effect without providing reason. The termination can be notified in writing and/or by preventing use of the Licensed Software.

9.3 Your termination right

You can terminate The agreement with immediate effect at any time.

9.4 Consequences of termination

If and when The agreement is terminated, Your right to use the Licensed Software ceases. You must immediately cease using the Licensed Software, and must uninstall and destroy all copies of all Licensed Software on computer equipment, network, storage media etc owned or controlled by You.

9.5 No obligation to pay compensation on termination

Compumine is not obliged to compensate for any losses, either direct or indirect or other consequential losses, sustained by You in consequence of the termination of The agreement.

10 Other

10.1 Right to enter into The agreement

You guarantee that the person accepting the license agreement has the right to enter into this agreement, and that You will abide by it and any legislation, policies and other rules which apply to the use of the Licensed Software.

10.2 Invalidity of provisions

Should any provision of The agreement or part thereof be found to be invalid, this will not mean that The agreement in its entirety is invalid, but shall, to the extent that the invalidity significantly affects the parties' rights or obligations under The agreement, result in reasonable adjustments to The agreement.

10.3 The whole agreement

This is the whole agreement between You and Compumine with respect to Licensed Software, and replaces any and all other agreements between You and Compumine with respect to Licensed Software.

10.4 No right to transfer The agreement

You are not permitted to transfer The agreement to third parties.

10.5 Compumine’s right to transfer The agreement

Compumine has the right to transfer The agreement to subsidiaries, sister companies or to a purchaser of the whole or substantial parts of the company and/or its assets.

10.6 Language

The agreement has been drawn up in English, and may have been translated into other languages. If there is any conflict, the English version shall apply.

10.7 Disputes

Disputes relating to the interpretation and/or application of this license agreement are to be settled by a Swedish court of general jurisdiction.

10.8 Applicable law

Swedish law shall apply to this license agreement, without regard to its conflict of law principles.

Compumine Rule Discovery System Evaluation License Agreement, version 1.0 (December 2007)