END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal contract between you
(either (a) an individual user or (b) a business organization (“you”) and Licensor (as designated below) for the
Licensor software that accompanies this EULA, including any associated media, printed materials and electronic
documentation (the “Software”).
By clicking on the “I ACCEPT” button, by opening the package that contains the Software, or by copying,
downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this EULA and you
represent that you are authorized to enter into this EULA on behalf of your corporate entity (if applicable). If you do
not wish to be bound by the terms of this EULA, click the “I DO NOT ACCEPT” button, and do not install, access or
use the Software. An original purchaser who has not accepted the terms of this EULA may return the Software to
the place of purchase, within 30 days of the date of purchase, for a full refund.
As used herein, for users in Japan, “Licensor” means Flexera Software GK, a Godo Kaisha organized under the
laws of Japan; for users in Europe, Middle East, or Africa, “Licensor” means Flexera Software Ltd., a private
company limited by shares and incorporated in England and Wales with company number 6524874; for users outside
of the countries listed above, “Licensor” means Flexera Software LLC.

EVALUATION SOFTWARE
If you have received the Software for purposes of evaluation, regardless of how labeled, the use of the
Software is limited to 21-days (the “Evaluation Period”) and all use will be governed by the terms set forth
below.
1. Grant of License. Licensor grants you a limited,
personal, internal use, non-exclusive, non-transferable
license to use the Software solely to evaluate its
suitability for your internal business requirements
during the Evaluation Period. Without limiting the
foregoing, you may not use the Software during the
Evaluation Period to create publicly distributed
computer software or for any other commercial
purpose. This license may be terminated by Licensor
at any time upon notice to you and will automatically
terminate, without notice, upon the first to occur of the
following: (a) the completion of your evaluation of the
Software or (b) the expiration of the Evaluation Period.

3. Disclaimer of Warranty.
THE SOFTWARE IS
PROVIDED ONLY FOR EVALUATION PURPOSES
ON AN "AS IS" BASIS. LICENSOR EXPRESSLY
DISCLAIMS ALL WARRANTIES, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
4.
Limitation of Liability.
IN NO EVENT WILL
LICENSOR BE LIABLE FOR ANY DAMAGES,
INCLUDING LOST PROFITS OR DATA, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES,
ARISING OUT OF THE USE OR INABILITY TO USE
THE SOFTWARE OR ANY DATA SUPPLIED
THEREWITH, EVEN IF LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. In no case will Licensor‟s liability for damages
hereunder exceed fifty dollars (US $50).

2. Limited Use Software. Portions of the full-use
version of the Software may be withheld or unusable
and use of the Software may require accessing
portions of the Software remotely through the Internet.
Full use of the Software may be restricted by
technological protections.

SOFTWARE LICENSE
1. Grant of License. Upon your payment of the fees
shown on the invoice and acceptance of this EULA,
Licensor grants you a limited, personal, nonexclusive license to install and use the Software on
the terms and conditions set forth herein.

language(s) which you select during installation or for
which you acquire rights pursuant to a Language Pack.
You may not share the Software, except as set forth
below.
2. Restrictions on Use of Software. You may not (a)
use or make the Software available for use by others in
any service bureau or similar arrangement; (b)
distribute, sublicense, transfer, or lend the Software to

You may install and use one copy of the Software on
a single computer only for your internal business
purposes. You may use the Software only in the
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services, including any enhancements or modifications
made to the Software, shall at all times remain the
property of Licensor or its licensor. You acknowledge
and agree that the Software is licensed, not sold. You
shall not permit the Software to be accessed or used by
anyone other than your employees whose duties
require such access or use.

any third party; or (c) disassemble or reverse
engineer (except in European Union countries, to the
extent allowed by law) the Software. You may copy
the Software for backup/archival purposes, provided
that you include all copyright and similar rights
notices. Licensor (or its licensor) retains all right,
title, and interest in the Software (and in all copies).
Unauthorized copying and modification of the
Software is not permitted.

You may not remove, modify or alter any Licensor
copyright or trademark notice from any part of the
Software, including but not limited to any such notices
contained in the physical and/or electronic media or
documentation or „about‟ boxes, in any of the runtime
resources and/or in any web-presence or web-enabled
notices, code or other embodiments originally
contained in or otherwise created by the Software. You
will not remove or modify Licensor‟s proprietary rights
notices from any copies of the Software, including
archival and back-up copies, if applicable.

3. Shared Use on a Single Computer. Subject to the
exceptions set forth herein, a copy of the Software
installed on a single common machine may be
shared for internal use by employees and contractors
of your business only, provided that a license has
been purchased for each individual user.
4. Redistributable Files. The Software component
parts may not be separated for use on more than one
computer, except as set forth in this EULA. You may
copy the files specifically identified in the printed or
electronic documentation as “redistributables” and
redistribute such files to your end users (“End Users”)
of your Works, provided that: (a) such Works add
primary and substantial functionality to the
redistributables, (b) all copies of the redistributables
must be exact and unmodified; and (c) you grant your
End Users a limited, personal, non-exclusive and
non-transferable license to use the Redistributables
only to the extent required for the permitted operation
of the Works and not to distribute them further. You
will reproduce with the redistributables all applicable
trademark and copyright notices that accompany the
Software, but you may not use Licensor‟s name,
logos or trademarks to market the Works.

7. Transfer of Software. You may not, by operation of
law or otherwise, transfer any license rights or other
interests in Evaluation Software, or Software labeled
“Not for Resale” or “NFR.” You may not, by operation
of law or otherwise, transfer any license rights or other
interests in any other Software, unless (a) you
permanently and wholly transfer all your rights under
this EULA; (b) you retain no copies (whole or partial);
(c) you permanently and wholly transfer all of the
Software (including component parts, media, printed
materials, upgrades, prior versions, and authenticity
certificates); and (d) the transferee agrees to abide by
all the terms of this EULA. Any purported transfer not
in accordance with this EULA will be void.
8. Limitation of Remedy and Liability. In the event of
any breach of the warranty outlined herein or any other
duty owed by Licensor, the entire liability of Licensor
and its suppliers, and your exclusive remedy shall be,
at Licensor‟s option, either, (a) repair or replacement of
the defective Software, (b) re-performance of the
Maintenance Services or (c) return of the license fees
paid for the Software, less depreciation calculated on a
straight-line basis over five years.

5. Limited Warranty and Disclaimer of Warranty.
Licensor warrants that the Software, as provided, will
substantially perform the functions described in the
documentation when operated in the intended
environment for a period of ninety (90) days from the
date of delivery (the “Warranty Period”).
THE WARRANTIES ABOVE ARE EXCLUSIVE AND
IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED. LICENSOR EXPRESSLY DISCLAIMS
ANY WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Licensor does not
warrant that the Software will (a) achieve specific
results, (b) operate without interruption, or (c) be
error free.

NEITHER LICENSOR NOR ITS LICENSOR, IF ANY,
SHALL BE LIABLE FOR INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR
FOR DAMAGE TO SYSTEMS OR DATA, EVEN IF
LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. LICENSOR'S
LIABILITY FOR DAMAGES HEREUNDER SHALL IN
NO EVENT EXCEED THE AMOUNT OF LICENSE
FEES THAT YOU HAVE PAID.

6. Ownership. This Agreement does not convey to
you any rights of ownership in the Software. All right,
title, and interest in the Software and in any ideas,
know-how, and programs which are developed by
Licensor in the course of providing any technical

AdminStudio EULA Sept2011

For Users within Europe, the Middle East or Africa,
No person who is not a party to this Agreement shall be
entitled to enforce any terms of the same under the
Contracts (Rights of Third Parties) Act 1999.

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13. U. S. Export Restrictions. You will fully comply with
all relevant export laws and regulations, including but
not limited to the U.S. Export Administration
Regulations and Executive Orders (“Export Controls”).
You warrant that you are not a person, company or
destination restricted or prohibited by Export Controls
(“Restricted Person”). You will not, directly or indirectly,
export, re-export, divert, or transfer the Software, any
portion thereof or any materials, items or technology
relating to Licensor‟s business or related technical data
or any direct product thereof to any Restricted Person.

LICENSOR DOES NOT LIMIT OR EXCLUDE ITS
LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED
BY ITS NEGLIGENCE.

9. Maintenance Services. If ordered by you and upon
payment of the applicable fee, you are entitled to
receive technical support services, including
corrections, fixes and enhancements to the Software
as such are made generally available (the
“Maintenance Services”) from Licensor in accordance
with Licensor‟s then-current maintenance terms for
the applicable maintenance level purchased by you.

14. Termination. Your license may be terminated by
Licensor if (a) you fail to make payment and/or (b) you
fail to comply with the terms of this Agreement within
ten (10) days after receipt of written notice of such
failure. In the event of termination, you must cease
using the Software, destroy all copies of the Software
(including copies in storage media) and certify such
destruction to Licensor. This requirement applies to all
copies in any form, partial or complete. Upon the
effective date of any termination, you relinquish all
rights granted under this Agreement.

Maintenance Services will not include any releases of
the Software which Licensor determines to be a
separate product or for which Licensor charges its
customers extra or separately.
10. Upgrades and Subscription. If the Software is
labeled or otherwise identified by Licensor as an
“upgrade” or “subscription,” you must be properly
licensed to use a product identified by Licensor as
being eligible for the upgrade in order to use the
Software. Any Software labeled or otherwise
identified by Licensor as an upgrade replaces and/or
supplements the product that formed the basis for
your eligibility for such upgrade. You may use the
resulting upgraded product only in accordance with
the terms of this EULA. If the Software is an upgrade
of a component of a package of software programs
that you licensed as a single product, the Software
may be used and transferred only as part of that
single product package and may not be separated for
use on more than one computer.

15. Relationship of Parties. You and Licensor
are independent parties. Nothing in this EULA
shall be construed as making you an
employee, agent or legal representative of
Licensor.
16. No Third-Party Beneficiaries. There are no thirdparty beneficiaries of this EULA.
17. Controlling Law. For users in Japan, this
Agreement will be governed by the laws of Japan; for
users in Europe, Middle East, or Africa, this Agreement
will be governed by the laws of England and Wales and
you submit to the jurisdiction of the courts of England
and Wales; for users outside the countries listed above,
this Agreement will be governed by the laws of
California, USA, excluding conflicts of law. This
Agreement is not subject to the United Nations
Convention on Contracts for the Sale of Goods.

11. Dual-Media Software. You may receive the
Software in more than one medium. Regardless of
the type or size of the medium you receive, you may
use only that one medium that is appropriate for your
single computer. You may not use or install from the
other medium on another computer, including but not
limited to portable computers under the exclusive
control of the registered developer. You may not
loan, rent, lease, or otherwise transfer the other
medium to another user, except as part of the
permanent transfer (as provided above) of the
Software.

18. Company Name.
Licensor may include your
company name in a list of Licensor customers.
19. Payment Terms/Shipments. For users in Japan,
all fees are in non-refundable Japanese Yen. For
users in Europe, Middle East or Africa, all fees are in
the currency outlined in the quote/invoice and are nonrefundable. For users in any region not outlined, all
fees are in non-refundable US Dollars. Fees are due
within 30-days of the date of the invoice.

12. U.S. Government Restricted Rights. The
Software and Documentation are provided as
“Commercial Computer Software” or “restricted
computer software”. Use, duplication, or disclosure
by the U.S. Government or a U.S. Government
subcontractor is subject to the restrictions set forth in
48.C.F.R. Section 12.212 or 48 C.F.R 227.2702, as
applicable or successor provisions. The manufacturer
is Flexera Software LLC, 1000 E Woodfield Road,
Suite 400, Schaumburg, IL 60173 USA.

AdminStudio EULA Sept2011

If you have ordered Maintenance Services you may
renew the applicable services for the Software for the
next annual period for the amount specified on the
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original invoice for the Software. All shipments of any
media will be FOB Origin.

that such taxes have been paid.
21. Entire Agreement. This Agreement constitutes
the complete and entire understanding and agreement
of all terms, conditions and representations between
you and Licensor with respect to the Software and
may be modified only in writing by both parties. No
term or condition contained in your purchase order will
apply unless expressly accepted by Licensor in writing.
Failure to prosecute a party's rights will not constitute
a waiver of any other breach.

20. Taxes. All fees do not include taxes. If Licensor
is required to pay any sales, use, GST, VAT, or other
taxes in connection with your order, other than taxes
based on Licensor‟s income, such taxes will be billed
to and paid by you.
You will make all payments of fees to Licensor free
and clear of, and without reduction for, any
withholding taxes; any such taxes imposed on
payments of fees to Licensor will be your sole
responsibility and consequently the amount of such
fees will be increased such that the net fee received
by Licensor will be the same as if such withholding
taxes were not imposed, and you will provide
Licensor with official receipts issued by the
appropriate taxing authority, or such other evidence
as the Licensor may reasonably request, to establish

AdminStudio EULA Sept2011

If any provision of this Agreement is found to be invalid,
it will be enforced to the extent permissible and the
remainder of this Agreement will remain in full effect.
This Agreement has been written in the English
language and you waive any rights you may have
under the law of your country or province to have this
Agreement written in any other language.

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