BRIGHT COMPUTING
END USER LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE (THIS "LICENSE" or “EULA”) CAREFULLY. THIS LICENSE GOVERNS THE USE OF THE
SOFTWARE AND ACCOMPANYING DOCUMENTATION. THE SOFTWARE COVERED BY THIS LICENSE IS LICENSED ONLY TO THE
OWNER OF THE EQUIPMENT ON WHICH IT WAS ORIGINALLY INSTALLED ("CUSTOMER").
BY CLICKING THE "ACCEPT" BOX, LICENSEE IS AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

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The Software; Definitions.
(a) Bright Computing, Inc. is defined under this License as
"Bright Computing" or "Licensor."
(b) The Software consists of:
(i) software governed by the GNU Public License
published by the Free Software Foundation, Inc.
("GNU Public License Software"),
(ii) software governed other open-source licenses ("Open
Source Software"),
(iii) software governed by license terms of third parties
("Third Party Software"), and
(iv) "Bright Computing Software", which is all software
provided by Bright Computing to Licensee that is not
GNU Public License Software, Other Open Source
Software or Third Party Software.
(c) "Documentation" means all documents, made available by
Licensor to Licensee pertaining to the Software, including
all amendments or updates thereto made or provided by or
on behalf of Licensor.
License Grant. Subject to the terms and conditions set forth in
this License, Bright Computing hereby grants to Licensee a
single, nontransferable, nonsublicenseable, nonexclusive license
during the Term of this EULA to use the Bright Computing
Software and Third-Party Software and the Documentation
solely for Licensee's internal business purposes, including the
provision of data processing service to others in the normal
course of Licensee's business. Licensee may use the Software
only on the equipment upon which the Software was first
installed (except for Subscription Licenses, which explicitly
provides for the transfer of the Subscription License between
equipment). No license to use the Bright Computing Software or
Third-Party Software in source code form is granted, and
Licensee may use the Bright Computing Software and ThirdParty Software only in binary form. No license to the Bright
Computing Software or Third-Party Software is granted to
Licensee except that expressly set forth in this License.
Ownership and Rights.
(a) Retention of Rights. THE SOFTWARE IS LICENSED,
NOT SOLD. Except for the limited rights specifically
granted to Licensee under this EULA, this EULA does not
constitute, and shall not be deemed to constitute, a transfer,
assignment or any other form of alienation by Licensor of
any of Licensor's rights, title, and interests, either in whole
or in part, in the Software or in any intellectual property
included in the Software, including without limitation
ownership and title. Licensor retains all rights not
specifically granted to Licensee under this EULA.
(b) GNU Public License Software and Open Source Software.
With the limited exception of components contributed by
Bright Computing that are incorporated in the GNU Public
License Software and the Open Source Software, Bright
Computing does not grant any rights with respect to the
GNU Public License Software or the Open Source
Software. Licensee's rights with respect to the GNU Public
License Software are limited to the rights granted, and will
be subject to the conditions and limitations imposed, under
those versions of the GNU Public License Software

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designated applicable by respective copyright owners of the
GNU Public License Software, and additional copies are
available from Bright Computing upon request. Licensee's
rights with respect to the Open Source Software will be
limited to the rights granted, and will be subject to the
conditions and limitations imposed under, the respective
Open Source Software licenses.
License Disclaimer. Licensee acknowledges and agrees that:
(a) Bright Computing cannot and has not verified that the
GNU Public License Software and Open Source Software
have validly been made available, by third parties having
the right to do so, under the terms of the GNU Public
license or Open Source Software licenses, as applicable;
(b) Bright Computing cannot and does not warrant or promise,
and cannot ensure that the GNU Public License or
applicable Open Source Software licenses effectively grant
Licensee the rights necessary for Licensee to use the GNU
Public License Software or Open Source Software as
contemplated or required by Licensee; and
(c) Bright Computing cannot and does not warrant or promise,
and cannot ensure that the GNU Public License or
applicable Open Source Software licenses, or Licensee's
access and use of the GNU Public License Software or
Open Source Software, will continue or remain in effect for
any particular period of time, including but not limited to
the term of this License.
Licensee Assumption of Risk. Licensee assumes all risk
arising out of or relating to each of the following:
(a) any claim that any GNU Public License Software or Open
Source Software, or Licensee's use thereof, infringes or
violates any rights of any third party;
(b) any judicial, administrative or other interpretation,
enforcement or invalidation of the GNU Public License
Software or any Open Source Software licenses;
(c) any partial or complete termination or cancellation of any
rights granted or derived from the GNU Public License or
any Open Source Software licenses; and
(d) any resulting denial or termination of access to, or use of,
any GNU Public License Software or Open Source
Software.
Copy Restrictions.
Licensee will not copy the Bright
Computing Software or Third-Party Software, or any on-line or
hard copy form of any Documentation for the Bright Computing
Software or Third-Party Software, except that Licensee may
make and maintain one (1) current copy of the Bright
Computing Software and Third-Party Software in machinereadable form and related documentation for back-up and
archival purposes only. Licensee will reproduce in such archival
copy all proprietary and restrictive notices set forth in such
Software and Documentation.
Restrictions. Licensee shall not do or allow to be done, either
directly or indirectly, any of the following:
(a) Reverse Engineer.
Reverse engineer, decompile,
disassemble or otherwise reduce the Software to a humanreadable form (e.g., source code).
(b) Modify. Modify, adapt or translate the Software.

Bright Computing EULA (Nov-2016)

(c) Publish. Publish or otherwise disclose the Software for
others to copy.
(d) Transfer.
Sell, assign, sublicense, rent, lease, lend,
subcontract, delegate or otherwise transfer, either in whole
or in part, the Software, this EULA, any software key
issued by Licensor to Licensee, or any right or obligation of
Licensee under this EULA.
(e) Transmit or Avoid. Electronically transmit the Software
from one computer to another or over a network, or use the
Software in connection with any hardware or software that
reduces the number of computers or users that directly
access or use the Software, in any manner that would avoid
any limitation or restriction in this EULA. .
(f) Markings. Alter, remove or obscure any marking or notice,
if any, of Licensor's intellectual property rights included in
or on the Software or Documentation.
8.
Prohibited Uses. Licensee acknowledges that the Software is
not designed, recommended or licensed for use in or in
connection with any of the following ("Critical Applications"):
on-line control equipment in hazardous environments, such as
operation of nuclear facilities or aircraft navigation,
communication or control; life-support systems or procedures;
medical diagnostic applications; surgical or other intrusive
procedures or otherwise to implement medical procedures or
sustain life; or any other applications where product failure
could lead to injury to persons or loss of life or catastrophic
property damage. ACCORDINGLY, SHOULD YOU DECIDE
TO USE THIS SOFTWARE FOR ANY CRITICAL
APPLICATION BRIGHT COMPUTING DISCLAIMS ANY
AND ALL LIABILITY ARISING OUT OF THE USE OF THE
SOFTWARE IN ANY CRITICAL APPLICATION, IF YOU
USE THE SOFTWARE IN A CRITICAL APPLICATION,
YOU, AND NOT BRIGHT COMPUTING, ASSUME FULL
RESPONSIBILITY FOR SUCH USE. Further you shall
indemnify and hold Bright Computing harmless from any and
all damages, liabilities, costs, and expenses, including
reasonable attorneys' fees and amounts paid in settlement of
third party or government claims, incurred by Bright Computing
as a result of or in any way arising from or relating to the use of
the Software in a Critical Application.
9.
Software Patents. Parts of the Bright Computing Software and
Third-Party Software may have been patented or copyrighted by
Bright Computing or a third-party provider. Patent or copyright
notices have been included in the Bright Computing Software
and Third-Party Software for protective purposes, and such
notices will not be construed as causing publication of such
Software. The Bright Computing Software and Third-Party
Software are confidential and Licensee will treat such Software
as the confidential information and property of the respective
owners. Licensee will not use any such confidential information
during the term of this License or thereafter for any purpose
other than as permitted or required hereunder. Licensee will not
disclose or make available to any third party any Bright
Computing Software, Third-Party Software or Documentation,
in any form, except to its employees, users and contractors for
purposes specifically related to Licensee's use of the Bright
Computing Software and Third-Party Software in accordance
with this License. Licensee will take all necessary measures to
prevent any such disclosure by its employees, agents,
contractors or consultants that have access to such confidential
information for such purposes.
10. Limited Warranty. Bright Computing's sole warranty with
respect to the Software shall be that (i) the Bright Computing
Software, when delivered, and for a period of ninety (90) days
thereafter, will perform in all material respects in accordance
with Bright Computing’s then current specifications or
Documentation, and (ii) that Bright Computing will use

reasonable efforts, in accordance with standard software
industry practice, to ensure that the Bright Computing Software,
when delivered to Licensee, shall not contain a computer “virus”
or other contaminant, including codes or instructions intended to
delete, damage or disable Licensee’s computer system. Bright
Computing’s sole obligation under the limited warranties set
forth in subsections (i) and (ii) is to use reasonable efforts to
correct or replace any non-conforming Bright Computing
Software once Bright Computing has been made aware of such
non-conformance.
11. Limitation of Warranty and Remedy. Except as otherwise
expressly stated in this License, Bright Computing does not
warrant that the Software will operate uninterrupted, be error
free, conform to any reliability or performance standards, will
meet Licensee's needs or requirements or that Bright Computing
will correct all defects. Licensee is responsible for the selection
of the Software to achieve its intended results, Licensee's use of
Software, and the results obtained by Licensee with the
Software.
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS
LICENSE, ALL SOFTWARE IS PROVIDED "AS IS" AND
"WITHOUT WARRANTY" OF ANY KIND.
BRIGHT
COMPUTING HEREBY EXPRESSLY EXCLUDES AND
DISCLAIMS ALL OTHER WARRANTIES, WHETHER
EXPRESS, IMPLIED OR STATUTORY, REGARDING THE
SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ANY
WARRANTY OR GUARANTY OF ABSENCE OF HIDDEN
DEFECTS, ANY WARRANTY OF NON-INFRINGEMENT,
AND ANY WARRANTY THAT MAY ARISE BY REASON
OF CUSTOM, USAGE OF TRADE OR COURSE OF
DEALING.
12. Limitation of Liability. BRIGHT COMPUTING WILL NOT
BE LIABLE FOR (A) ANY LOST PROFITS, LOST
SAVINGS, LOST VALUE OR LOST SALES (WHETHER
SUCH PROFITS, SAVINGS, VALUE OR SALES ARE
DIRECT, INDIRECT, CONSEQUENTIAL OR OF ANY
OTHER NATURE), LOST OR CORRUPTED DATA OR
SOFTWARE, LOSS OF USE OF SYSTEM(S) OR
NETWORK(S), OR THE RECOVERY OF SUCH DATA,
SYSTEMS(S) OR NETWORK(S), LOSS OF BUSINESS
OPPORTUNITY,
BUSINESS
INTERRUPTION
OR
DOWNTIME, LOSS OF GOODWILL OR REPUTATION,
SOFTWARE NOT BEING AVAILABLE FOR USE OR THE
PROCUREMENT OF SUBSTITUTE SOFTWARE OR
GOODS, OR (B) ANY INCIDENTAL, INDIRECT,
PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES,
WHICH IN ANY CASE RELATE TO, ARISE OUT OF OR
ARE IN CONNECTION WITH THIS EULA UNDER ANY
THEORY OF LIABILITY EVEN IF ADVISED OR AWARE
OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
SET FORTH IN THIS EULA, BRIGHT COMPUTING’S
TOTAL LIABILITY FOR ANY AND ALL CLAIMS
RELATING TO, ARISING OUT OF OR IN CONNECTION
WITH THIS EULA AND/OR THE SOFTWARE SHALL NOT
EXCEED THE TOTAL AMOUNT RECEIVED BY BRIGHT
COMPUTING FOR THE USE OF THE SOFTWARE AND/OR
THIS LICENSE BY THE LICENSEE.
13. Export Compliance. The Software and Documentation may be
subject to US export control laws, including the US Export
Administration Act and its associated regulations. You shall
not, directly or indirectly, export, re-export or release the
Software and Documentation to, or make the Software and
Documentation accessible from, any jurisdiction or country to
which export, re-export or release is prohibited by law, rule or
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Bright Computing EULA (Nov-2016)

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regulation. You shall comply with all applicable federal laws,
regulations and rules, and complete all required undertakings
(including obtaining any necessary export license or other
governmental approval), prior to exporting, re-exporting,
releasing or otherwise making the Software and Documentation
available outside the US.
Applicable Law and Jurisdiction. THIS EULA SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF
CALIFORNIA, WITHOUT REGARD TO CONFLICT OF
LAW PRINCIPLES THAT MAY DICTATE A CONTRARY
RESULT. THE UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF
GOODS AND THE UNIFORM COMPUTER INFORMATION
TRANSACTIONS ACT, AND ANY ADAPTATIONS
THEREOF ADOPTED BY ANY JURISDICTION, SHALL
NOT APPLY.
LICENSOR AND LICENSEE HEREBY
AGREE THAT ANY ACTIONS BROUGHT BY EITHER OF
THEM UNDER OR RELATED TO THIS EULA SHALL BE
SUBMITTED TO THE SOLE AND EXCLUSIVE
JURISDICTION OF THE STATE AND FEDERAL COURTS
SEATED IN SAN JOSE, CALIFORNIA, AND LICENSOR
AND LICENSEE HEREBY WAIVE ANY CLAIM THAT
ANY SUCH COURT IS AN INCONVENIENT FORUM.
Licensee Responsibility and Indemnity.
(a) Responsibility. Licensee shall have the sole and exclusive
responsibility for: (i) selection of the Software to achieve
its and their intended results; (ii) the installation of the
Software; (iii) the use of the Software; (iv) the results
obtained from the Software; and (v) the selection and use
of, and the results obtained from, any other software,
devices or services used with the Software. Licensee shall
pay directly or reimburse Licensor for all taxes,
assessments, permits and fees which are, or may be in
Licensor's reasonable opinion, levied upon the Licensee's
execution or acceptance of this EULA or use of the
Software, exclusive of any income taxes owed by Licensor
on its net income.
(b) Indemnification. Licensee shall indemnify and hold
Licensor and each of its directors, officers, employees and
agents harmless from and against any and all claims or
remedies, suits, actions, liabilities and damages, whether in
tort (and whether or not arising from the negligence of
licensor), in contract or otherwise, including costs and
expenses and attorney's fees incident thereto, which may be
suffered by, accrued against, charged to or recoverable
from licensor or any of its directors, officers, employees
and agents relating to: (i) Licensee's breach of this EULA;
(ii) Licensor's enforcement of Licensor's rights under this
EULA; (iii) injury to or death of any person or loss or
damage to property (tangible or intangible) arising from
(but not limited to) use of the Software or Documentation,
or any products or services derived therefrom; and (iv) use
of the Software in combination with other software, devices
or services apart from the normal use for which the
Software was intended.
Limitation on Actions. No action seeking damages or other
compensation, regardless of the form of such action or the form
or extent of such damages or compensation, arising out of this
EULA may be brought more than two (2) years after such cause
of action has arisen.
License Term and Termination. This License takes effect as
of the date the Software is delivered to Licensee (the "Effective
Date"), and remains in effect until the first anniversary of the
Effective Date.
Entire Agreement.
This EULA constitutes the entire
agreement of Licensor and Licensee with respect to the subject
matter of this EULA, superseding in all respects any and all

prior proposals, negotiations, understandings, writings,
communications and agreements, whether oral or written,
between Licensor and Licensee. If there is a conflict between
this EULA and any exhibit or appendix attached hereto, such
exhibit or appendix shall prevail. If there is a conflict between
this EULA and any license agreement imbedded in the Software
or any click-through license agreement entered into by Licensee
in connection with the download or installation of the Software,
this EULA shall prevail. Any purchase order or order form used
by Licensee in connection with its purchase of the Software
and/or this License will be considered to have its pre-printed
clauses and statements deleted and such terms are expressly
rejected by Bright Computing. Any waivers or amendments, to
be effective, must be in writing, signed by both parties. Any
translation of this License is done for local requirements and in
the event of a dispute between the English and non-English
versions, the English version of this License shall govern.
19. Severability. If any provision of this License is illegal or
unenforceable under applicable law, the remainder of the
provision will be amended to achieve as closely as possible the
effect of the original provision, and all other provisions of this
License will continue in full force and effect.
20. No Assignment. Licensee may not assign or transfer its
interests, rights or obligations under this EULA, in whole or in
part, whether voluntarily, by contract, or by merger (whether
that party is the surviving or disappearing entity), stock or asset
sale, consolidation, dissolution, through government action or
order, or otherwise.
21. Reseller. If Licensee acquired the Software through a Reseller,
Licensee acknowledges that (i) payment and delivery terms for
the Software have been established separately and independently
between Licensee and Reseller (ii) this EULA constitutes the
entire and only agreement between Licensee and Bright
Computing as to the subject matter described above and is
controlling between Licensee and Bright Computing; (iii) the
terms and conditions of any purchase order or any other
agreement between Licensee and Reseller are not binding on
Bright Computing; (iv) Reseller is not authorized to alter, amend
or modify the terms of this EULA or to otherwise grant any
license or other rights relating in any way to the Software; and
(v) Licensee's nonpayment of any amount due to Reseller
relating to its license rights under this EULA shall constitute a
basis for Bright Computing's termination of this EULA.
Licensee further acknowledges that Bright Computing makes no
representation or warranty with regard to any services provided
by Reseller, or any actions or failures to act by Reseller.

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Bright Computing EULA (Nov-2016)

