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Facunda Ganesh

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Jun 10, 2024, 7:12:32 AM6/10/24
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3.2 Restrictions on Use of Software. Unless otherwise specifically provided in your License Certificate, Seagull Scientific does not grant you permission to modify any Software whether in the form of source code or machine code of the Software provided by Seagull Scientific to you under any circumstances. To be clear, as a condition of your license, you shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer the Software or attempt to reconstruct or discover any source code, algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions, or as permitted by an applicable Open Source Software license); (b) distribute, sell, sublicense, rent, lease or use the Software for time sharing, hosting, or other use of the Software as a service or like purposes unless Seagull Scientific provides its prior written consent; (c) remove any product identification, proprietary, copyright trademark, service mark, or other notices contained in the Software; (d) modify any part of the Software, or to create a derivative work of any part of the Software, or incorporate the Software into or with other software; (e) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software; (f) utilize any equipment, device, software, or other means designed to circumvent or remove any form of Product Key, PKC or copy protection used by Seagull Scientific in connection with the Software, or use the Software together with any authorization code, PKC, serial number, or other copy protection device not supplied by Seagull Scientific or through an Authorized Partner; (g) use the Software to develop a product which is competitive with any Seagull Scientific product offerings; (h) use unauthorized PKCs or keycode(s) or distribute or publish keycode(s) except as may be expressly permitted by Seagull Scientific in writing; (i) as applicable to Printer-Based licenses, enable access to the Software for a greater number of printers than the sum quantity of licenses purchased on the applicable License Certificate(s); (j) as applicable to Printer-Based licenses, reassign license rights between printers so frequently as to enable a single license to be shared between multiple printers; or (k) use the Software to develop a product that converts any BTW file format to an alternative printing file format used by any general-purpose printing, data analysis or printing product that is not the property of Seagull Scientific.

5. Payment. Whether you purchased a license to use the Software Product from a Seagull Scientific Authorized Partner or from Seagull Scientific directly, you shall pay all fees associated with the Software Product license and any services purchased hereunder as set forth in the applicable License Certificate. Except as expressly set forth herein, all fees are non-refundable once paid. In the event you do object to any modification of the EULA as expressed above, to terminate use, you must promptly notify Seagull Scientific of your termination in writing and express the nature of the objection to the modified EULA. Failure to notify Seagull Scientific shall be deemed continued use and acceptance of the modified EULA for which fees will continue to accrue in accord with the relevant license. Unless you provide, in a timely manner, your Authorized Partner or Seagull Scientific with a valid certificate of exemption or other evidence that items are not taxable, your invoice will include all applicable bank fees and taxes including, but not limited to, VAT, GST, sales tax, consumption tax and service tax. If any withholding tax is required by applicable law to be paid by you in relation to payments due to your Authorized Partner or Seagull Scientific hereunder, you will provide your Authorized Partner or Seagull Scientific as appropriate with official receipts and/or certificates from the appropriate taxing authorities to establish that any applicable taxes have been paid.

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