HYPOTECH END-USER LICENSE AGREEMENT (EULA)

These license terms are an agreement between Hypotech Software Solutions (Private) Ltd [Hypotech] (or based on where you live, one of its affiliates) and [you]. Before buying the software, please read them. They apply to the software produced and engineered by Hypotech, which includes the media on which you received it, if any. The terms also apply to any Updates, Supplements, Internet-based Services, and/or Support Services provided by Hypotech for the software, unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT INSTALL AND/OR USE THE SOFTWARE. THERE IS NO REFUND POLICY FOR HYPOTECH SOFTWARE BECAUSE FULLY FUNCTIONAL TRIAL VERSIONS OF HYPOTECH SOFTWARE ARE AVAILABLE TO USE BEFORE BUYING. IF YOU CANNOT OBTAIN A TRIAL, CONTACT HYPOTECH OR ITS AFFILIATE SERVING YOUR REGION TO GET A FREE TRIAL OF YOUR REQUIRED SOFTWARE.

For information about Hypotech customer support, see our support section at https://hypotechsoft.com/support or email at business@hypotechsoft.com. In the Pakistan, contact us through 0092-31-24-088-088 or 0092-313-47-32-33-7. If you contact Hypotech from any other country, contact us through 001-917-332-1164.

As described below, using some features may also operate as your consent to the transmission of certain standard computer information for Internet-based services.

If you comply with these license terms, you have the rights below for each license you acquire.

1.   OVERVIEW

1. Software: The software includes desktop application software, web application software, cloud-based software or mobile application software along with any media.
2. License Model: The desktop software is licensed on a per user per device basis and the web software is licensed on monthly subscription which will be charged either annually or bi-annually.

2.   INSTALLATION AND USE RIGHTS

1. Licensed Device: The licensed device is the device on which you install the software. You may install and use one copy of the software on the licensed device.
2. Portable Device: You may install another copy on a portable device for use by the single primary user of the licensed device.
3. Network Device: You may also install one copy on a network device. You may only use that copy as described in the Remote Access section (3.a.) below.
4. Separation of Components: The components of the software are licensed as a single unit. You may not separate the components and install them on different devices.
5. Included Hypotech Programs: The software contains other Hypotech programs. These license terms apply to your use of those programs.

3.   ADDITIONAL LICENSING REQUIREMENTS AND USE RIGHTS

1. Remote Access: You may access and use the software remotely from another device as described below.

• Primary user: The single primary user of the device hosting the remote desktop session may access and use the software remotely from any other device. No other person may use the software under the same license at the same time except to provide support services.
• Non-primary users: Any user may access and use the software remotely from a separately licensed device.
• Remote assistance: You may allow other devices to access the software to provide you with support services. You do not need additional licenses for this access.

1. Media Elements: You may copy, print, and use images, charts, reports, documents, and other media produced and generated by the software and identified for such use in documents and projects that you create. You may distribute those documents and projects non-commercially. If you wish to use these media elements for any other purpose, contact Hypotech to learn whether that use is allowed or not.

4.   INTERNET-BASED SERVICES

Hypotech provides Internet-based services with the software. It may change or cancel them at any time.

1. Consent for Internet-Based Services: The software features described below connect to Hypotech or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. For more information about these features, see the software documentation. By using these features, you consent to the transmission of this information. Hypotech does not use the information to identify or contact you.

Computer Information: The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, device specific information, and the language code of the device where you installed the software. Hypotech uses this information to make the Internet-based services available to you.

• Hypotech Update Feature: You may add new hardware to the device where you installed the software. But you may not change existing hardware to the device where you installed the software. If you do so, you will need to reactivate your license through Hypotech Update Service or the copy of installed software may not work properly.
• Web Content Features: Features in the software can retrieve related content from Hypotech and provide it to you. To provide the content, these features send to Hypotech the type of operating system, name and version of the software you are using, type of browser, device specific information, and language code of the device where you installed the software. Examples of these features are knowledgebase, online training, online assistance and software upgrading. You may choose not to use these web content features.

1. Misuse of Internet-based Services: You may not use these services in any way that could harm them or impair anyone else's use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.

5.   SCOPE OF LICENSE

The software is licensed, not sold. This agreement only gives you some rights to use the software. Hypotech reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see http://hypotechsoft.com/legal/userrights. You may not

• Work around any technical limitations in the software.
• Reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation.
• Make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation.
• Publish the software for others to copy.
• Rent, lease or lend the software.
• Use the software for commercial software hosting services.

6.   BACKUP COPY

You may make one backup copy of the software. You may use it only to reinstall the software.

7.   DOCUMENTATION

Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

8.   NOT FOR RESALE SOFTWARE

You may not sell software without written permission from Hypotech. Selling Hypotech software needs special license which allows you to resale software.

9.   ACADEMIC EDITION SOFTWARE

You must be a "Qualified Educational User" to use software marked as "Academic Edition" or "AE”. If you do not know whether you are a Qualified Educational User, contact the Hypotech affiliate in your area.

10.       EARLY ACCESS EDITION SOFTWARE

If the software is marked as “Early Access Edition” or “EA”, it may have any combination of limitations implemented to restrict software functionality. These limitations may include limited features, usage limitation based on pre-defined time-duration, and/or usage limitation based on frequency of usage. Visit software product’s own webpage for details of limitations.

11.       UPGRADE

If this software is marked as an upgrade version, you may use it only if you have a license to use the software eligible for upgrade. If you upgrade, this software takes the place of the earlier version, and this agreement takes the place of the agreement for that earlier version. You may not use the earlier version after you upgrade.

12.       TRANSFER TO ANOTHER DEVICE

You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices.

13.       TRANSFER TO A THIRD PARTY

The first user of the software may transfer it, and this agreement, directly to a third party.  Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.

14.       EXPORT RESTRICTIONS

The software is subject to Pakistan export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end-users and end-use.

15.       SUPPORT SERVICES

Hypotech provides support services for the software as described at the website address http://hypotechsoft.com/support.

16.       ENTIRE AGREEMENT

This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services, and support services that you use, are the entire agreement for the software and support services.

17.       APPLICABLE LAW

1. Inside the Pakistan: If you acquired the software in the Pakistan, federal law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the province where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
2. Outside the Pakistan: If you acquired the software in any other country, the laws of that country apply.

18.       LEGAL EFFECT

This agreement describes certain legal rights. You may have other rights under the laws of your country or state. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country or state if the laws of your country or state do not permit it to do so.

19.       LIMITATION ON AND EXCLUSION OF DAMAGES

You can recover from Hypotech and its suppliers only direct damages up to the amount you paid for the software. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to

• Anything related to the software, services, content (including code) on third party Internet sites, or third-party programs.
• Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if

• Repair, replacement or a refund for the software does not fully compensate you for any losses.
• Hypotech knew or should have known about the possibility of the damages.

Some countries or states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

LIMITED WARRANTY

A.  LIMITED WARRANTY

If you follow the instructions, the software will perform substantially as described in the Hypotech materials that you receive in or with the software.

B.  TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES

The limited warranty covers the software for one month after acquired by the first user. If you receive supplements, updates, or replacement software during that duration, they will be covered for the remainder of the warranty or 15 days, whichever is longer.  If the first user transfers the software, the remainder of the warranty will apply to the recipient.

To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty. Some countries do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.

C.  EXCLUSIONS FROM WARRANTY

This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Hypotech' reasonable control.

D.  CONSUMER RIGHTS NOT AFFECTED

You may have additional consumer rights under your local laws, which this agreement cannot change.

E.   WARRANTY PROCEDURES

You need proof of purchase for warranty service.

1. Inside the Pakistan: For warranty service or information about how to obtain a refund for software acquired in the Pakistan, contact Hypotech at

• 0092-31-24-088-088 or 0092-313-47-32-33-7.
• Hypotech Customer Service and Support, Suite# 65, 8^th Floor, Mall of Lahore, Tufail Road, Lahore Cantt., Lahore, Pakistan.

2. Outside the Pakistan: If you acquired the software outside the Pakistan, contact the Hypotech affiliate serving your region (see http://hypotechsoft.com/contact).

F.   NO OTHER WARRANTIES

The limited warranty is the only direct warranty from Hypotech. Hypotech gives no other express warranties, guarantees or conditions. Where allowed by your local laws, Hypotech excludes implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.

G.  LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY

The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You may also have other rights which vary from country to country.