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End-user license agreement

Please read this document carefully before proceeding. This Agreement licenses the software to you and contains warranty and liability disclaimers. By clicking selecting the "I ACCEPT" button, you are confirming your acceptance of the software and agreeing to become bound by the terms of this Agreement.

1. Definitions
(a) "SmartBud" means the software program covered by this Agreement, and all related updates supplied by Atom e-City Ltd.

(b) "Atom e-City Ltd." means the Atom e-City Ltd. Software and any related documentation, models and multimedia content (such as animation, sound and graphics), and all related updates supplied by Atom e-City Ltd.

2. License
This Agreement allows you to:
(a) Use the Atom e-City Ltd. Product on a single computer or a device.

(b) Make one copy of the Atom e-City Ltd. Product in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original.

(c) Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a Site or Network License, please contact Atom e-City Ltd.

3. Restrictions
You may not make or distribute copies of the Atom e-City Ltd. Product, or electronically transfer the Atom e-City Ltd. Product from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Atom e-City Ltd. Software to a human-perceivable form. You may not modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the Atom e-City Ltd. Product or any part thereof. You will not export or reexport, directly or indirectly, the Atom e-City Ltd. Product into any country prohibited by the French laws and the regulations thereunder.

4. Ownership
The foregoing license gives you limited rights to use the Atom e-City Ltd. Product. You do not become the owner of, and Atom e-City Ltd. and its suppliers retain title to, the Atom e-City Ltd. Product, and all copies thereof. All rights not specifically granted in this Agreement, including French and International Copyrights, are reserved by Atom e-City Ltd..

5. Disclaimer of warranties and of technical support
The Atom e-City Ltd. Product is provided to you free of charge, and on an "AS IS" basis, without any technical support or warranty of any kind from Atom e-City Ltd. including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. These limitations or exclusions of warranties and liability do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business.

6. Limitation of damages
NEITHER Atom e-City Ltd. NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Atom e-City Ltd. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Atom e-City Ltd. and you. You agree that Atom e-City Ltd. would not be able to provide "SmartBud" on an economic basis without such limitations.

7. General
This Agreement shall be governed by the French laws. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: Atom e-City Ltd., 39, Chemin de St Jean, F-13110 PORT DE BOUC.

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