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6TEN9 LLC

End User License Agreement

Software: 6TEN9 Product Family

Last updated: 2024

These License terms of use constitute an agreement between 6TEN9 (hereinafter THE PROVIDER) and the customer of 6TEN9.

THE LICENSE TERMS OF USE WILL BE EFFECTIVE AS SOON AS YOU DOWNLOAD, INSTALL OR USE THE SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU ACCEPT THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

With your acceptance, you will have the rights mentioned below.

1

Installation and Use Rights

You will be able to install and use a copy of the software. This software requires you to be connected to a communications network to be able to execute the function for which it was developed. The software must be installed in accordance with the system requirements defined by THE PROVIDER for the specific version that will be installed. Non-compliance with the system requirements involves the loss of the rights granted by the software license.

2

Features

Software features will depend on the software version which is installed. Additionally, it is possible that some of the features are not available depending on your edition/version.

3

Scope of the License

The software is licensed and is not for sale. This agreement only gives you some rights of use to the software. THE PROVIDER reserves all other rights. Unless the applicable law grants you more rights, you may only use the software as specified in this agreement.

You will not be able to:

  • Elude the technical limitations of the software.
  • Alter in any way the content of the software or request third parties to do so in your behalf.
  • Reverse engineer, decompile or disassemble the software, except to the extent allowed by the applicable law.
  • Make the software public for others to copy.
  • Distribute, rent, lease or lend the software.
  • Transfer the software or this contract to third parties.
4

Software Enhancement Plan (Maintenance)

You will have the option to hire software enhancement rights (maintenance) from THE PROVIDER. The software enhancement plan grants you access to updates of the software and support for it. In the case of licenses with proprietary rights of use, the purchase of the software enhancement plan for the first year is mandatory and it is annually renewed.

5

Update Rights

The software enhancement plan gives you the right to use the latest version of the software available as long as you renew your software enhancement plan. This benefit does not include installation, upgrade or migration services, which, if required, must be hired from THE PROVIDER independently.

6

Support Rights

The software enhancement plan grants you access to the software support service while it is active. This benefit covers the 6TEN9 apps as published in the last three versions of Dynamics 365 Business Central. If you are using an unsupported version, you must upgrade your environment to a supported version. Support covers standard app functionality, excluding support for any customization. Access to the support service will always be carried out through THE PROVIDER's Helpdesk platform:

https://support.6ten9.com
7

Adaptations or Customizations

The software is developed with a specific functionality and requires connecting to your ERP (Dynamics NAV/Dynamics 365 Business Central) for its proper operation. The DISTRIBUTOR may adapt the 6TEN9 solutions to the customer's requirements through "extensions" insofar as the customer's version of Business Central allows it. Any adaptation or customization of your standard 6TEN9 environment must be done by THE PROVIDER, as owner of the code.

8

Intellectual Property Notices

6TEN9 is a brand owned by 6TEN9 LLC. Under no circumstances will you be provided with the source code of the software, even if the software could incorporate some type of adaptation or customization specifically developed for you. The integrity of this intellectual property is verifiable at any time by THE PROVIDER.

9

Legal Effects

This agreement describes certain legal rights. It is possible that you have other rights under the laws of your jurisdiction. This contract does not alter the rights you have under the law of your country if that law does not permit such a measure to be taken.

10

Disclaimer of Warranty

THE SOFTWARE IS PROVIDED AND LICENSED "AS IS". YOU BEAR THE RISK OF USING IT. THE PROVIDER GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE PROVIDER EXCLUDES ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11

Limitation and Exclusion of Resources and Compensations

The maximum amount that can be obtained from THE PROVIDER and its suppliers for the compensation concept of direct damage is a maximum of two instalments in the cases of licenses with a right of use in subscription and of 2% over the value of the license in the case of licenses with the right of use in property. You may not recover any damages, including consequential damages, for lost profits, special, indirect, punitive or incidental damages.

This limitation applies to:

  • Any questions related to the software, the services, the content (including the code) that are found on Internet sites of other parties or any third-party software.
  • Claims for breach of contract, failure to fulfil obligations of warranty or condition, objective responsibility, negligence or other non-contractual liability to the extent permitted by applicable law.

6TEN9 LLC · 1321 Upland Dr, PMB 20204, Houston TX 77043 · help@6ten9.com