RAW 4 PRO

SOFTWARE LICENSE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INS
TALLING OR USING THE RAW4PRO SOFTWARE THAT ACCOMPANIES THIS SOFTWARE LICENSE AGR
EEMENT OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE SOFTWARE ).
THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT AND THE RAW4PRO ORDE
RING DOCUMENT YOU EXECUTED OR AGREED TO, AND (WHERE APPLICABLE) ANY RAW4PRO Lice
nse Key information PROVIDED BY RAW4PRO, IN EACH CASE GOVERNING YOUR LICENSE TO
THE SOFTWARE (COLLECTIVELY, THE PURCHASE RECEIPT ) (THIS SOFTWARE LICENSE AGREEMENT
AND THE PURCHASE RECEIPT COLLECTIVELY, THIS AGREEMENT ) GOVERN USE OF THE SOFTWARE
UNLESS YOU AND RAW4PRO HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT GOVERNING USE
OF THE SOFTWARE.
THIS SOFTWARE LICENSE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS
ACTION WAIVER. IF YOU ARE RESIDENT IN THE U.S., THESE AFFECT YOUR RIGHTS TO RES
OLVE A DISPUTE WITH RAW4PRO, AND YOU SHOULD READ THEM CAREFULLY.
RAW4PRO is willing to license the Software to you only upon the condition that y
ou accept all the terms contained in this Agreement. By clicking to accept wher
e indicated below or by downloading, installing or using the Software, you have
indicated that you understand this Agreement and accept all of its terms. If yo
u are accepting the terms of this Agreement on behalf of a company or other lega
l entity, you represent and warrant that you have the authority to bind that com
pany or other legal entity to the terms of this Agreement, and, in such event, yo
u and your will refer to that company or other legal entity. If you do not accept
all the terms of this Agreement, then RAW4PRO is unwilling to license the Softwa
re to you, and you must destroy all copies of the Software.
1. Grant of License and Restrictions. If you obtained a license to the Software
directly from RAW4PRO or from an authorized RAW4PRO reseller, then the license g
rant and license restrictions applicable to your use of the Software are as set
forth in the applicable license exhibit attached hereto for the type of Software
indicated on your Purchase Receipt or applicable purchasing documentation accom
panying the Software.
LICENSE. Conditioned upon your compliance with the terms and conditions of this
Agreement, RAW4PRO grants you a non-exclusive and non-transferable license to E
xecute (as defined herein) a single computer seat of the Software solely in exec
utable form on a single computer or virtual machine (a Computer ), either for your
personal or for commercial purposes. You may not transfer the Software to a dif
ferent user or machine, except that once installed onto a Computer, the Software
may be operated by any person directly using the Computer, provided that you ar
e responsible for each such person s operation of the Software. You may not run t
he Software on a network, but must install it only on the individual Computer(s)
you are licensed for and run it locally on those Computers. For purposes of th
is Agreement, Execute and Execution means to load, install, and run the Software loc
ally on a single Computer in order to benefit from its functionality as designed
by RAW4PRO. If yours is DUO version of RAW4PRO, then the license covers not one
but up to two computer seats.
You may not use on behalf of, or make the functionality of the Software availabl
e to, third parties for any purpose. You may not combine this Software with any
third party script, application, hardware or tools which would cause it to run o
n a basis unintended by RAW4PRO. You may not: (a) copy (except in the course o
f loading or installing) or modify the Software, including but not limited to ad
ding new features or otherwise making adaptations that alter the functioning of
the Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribu
te the Software to any third party; or (c) make the functionality of the Softwar
e available to any third party through any means, including but not limited to b
y uploading the Software to a network or file-sharing service or through any hos
ting, application services provider, service bureau, software-as-a-service (SaaS
) or any other type of services. You acknowledge and agree that portions of the
Software, including but not limited to the source code and the specific design
and structure of individual modules or programs, constitute or contain trade sec
rets of RAW4PRO and its licensors. Accordingly, you agree not to disassemble, d

ecompile or reverse engineer the Software, in whole or in part, or permit or aut

horize a third party to do so.
2. Ownership. Each copy of the Software is licensed, not sold. For purposes of
this Agreement, the terms purchase,
sell and like terms refers to purchase or sale
of a license to use the Software and not to a purchase or sale of title to or ow
nership of any rights or other interests in the Software. You own the media on
which the Software is recorded, but you acknowledge and agree that RAW4PRO retai
ns ownership of the Software itself and any related know-how or data used by RAW
4PRO or the Software, including all intellectual property rights therein. The S
oftware is protected by the US copyright law and international treaties. You wi
ll not delete or in any manner alter the copyright, trademark, and other proprie
tary rights notices or markings appearing on the Software as delivered to you. R
AW4PRO reserves all rights in the Software not expressly granted to you in this
Agreement.
3. Updates. From time to time, RAW4PRO may, but has no obligation to, provide u
pdates to the Software. In case of minor updates within the same major version (
example: major version v3, update v3.2), RAW4PRO at its own discretion may make
available to you, at no additional cost or without, the standard updates, mainte
nance, email support in accordance with RAW4PRO policies from time to time. Not
hing in this Agreement entitles you to receive any support, maintenance, updates
, upgrades, content, new or old versions of the Software free of charge, except
for the sole discretion of RAW4PRO in each particular case. RAW4PRO reserves th
e right to designate any updates, additional content or features as requiring se
parate payment or purchase of a separate subscription at any time. RAW4PRO spec
ifically reserves the right to cease providing, updating, or maintaining the Sof
tware in whole or any particular part or version of the Software, at any time in
its sole discretion.
4. License Term. If you have received a license to the Software, then the initi
al term of this Agreement commences on the date specified in the receipt, includ
ing email copy of such, or applicable RAW4PRO internal records of such receipt,
and, in each case, continues for the period of time set forth in the receipt (or
, if no such date is specified, then indefinitely or as long as practically poss
ible).
Termination Rights. You may terminate the license at any time by un-installing
and destroying all copies of the Software in your possession or control. The li
cense granted under this Agreement will automatically terminate, with or without
notice from RAW4PRO, if you breach any term of this Agreement. You acknowledge
that upon expiration or termination of your license, the Software and any licens
e key may automatically de-activate and you may no longer be able to access and
use the Software. NO REFUNDS. If you assert any patents against us or any of our
other customers based on use of the Software, your license to the Software ends
automatically.
Termination of this Agreement does not entitle you to any refund. Sections 2, 4
, 5, 6, 8, 11, 12, 14 and 15 of this Agreement will survive any termination or e
xpiration of this Agreement. Upon termination or expiration of this Agreement,
your rights to use the Software cease.
5. Privacy Policy. By entering into this Agreement you agree that RAW4PRO may t
rack certain data it obtains from your Computer including data about your licens
e, data about what version of the Software you are using and what operating syst
em it runs under. This information is collected and used for the purpose of regi
stering the Software, as well as troubleshooting. In the event that any user wh
o operates the Software as permitted under this Agreement (including, if you are
a business customer, your employees or contractors) makes a complaint or claim
based on the tracking or collection of data in accordance with this Section 5, y
ou agree that you are solely responsible for addressing any such complaints or c
laims.
6. Limited Warranty; Disclaimer. RAW4PRO warrants that any physical media manuf
actured by RAW4PRO on which the Software is distributed will be free from defect
s for a period of sixty (60) days from the date of delivery of the Software to y
ou. Your sole and exclusive remedy, and RAW4PRO sole liability, in the event of

a breach of the foregoing warranty will be that RAW4PRO will, at its option, rep
lace any defective media returned to RAW4PRO within the warranty period. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (a) THE LIMITED WARRANTY SET FORTH
IN THIS SECTION 6 IS EXCLUSIVE AND LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPL
IED; AND (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 6, RAW4PR
O DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FO
R A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS AR
ISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHE
THER ORAL OR WRITTEN, OBTAINED FROM RAW4PRO OR ELSEWHERE WILL CREATE ANY WARRANT
Y OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. RAW4PRO does not warrant
that the Software will meet your requirements, that the Software will operate i
n the combinations that you may select for Execution, that the operation of the
Software will be error-free or uninterrupted, or that all Software errors will b
e corrected.
7. Indemnity. You agree to indemnify and hold RAW4PRO harmless, and accept that
RAW4PRO will have no liability for any infringement or misappropriation claim o
f any kind to the extent that it results from: (A) modifications to the Softwar
e made by a party other than RAW4PRO, if a claim would not have occurred but for
such modifications; (B) the combination, operation or use of the Software with
equipment, devices, software or data not supplied by RAW4PRO, if a claim would n
ot have occurred but for such combination, operation or use; (C) your failure to
use updated or modified Software provided by RAW4PRO to avoid a claim; or (D) y
our use of the Software other than in accordance with this Agreement or the asso
ciated documentation.
8. Limitation of Liability. RAW4PRO TOTAL LIABILITY TO YOU FROM ALL CAUSES OF AC
TION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AMOUNTS PAID TO RAW4
PRO BY YOU FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIV
ING RISE TO THE CLAIM. IN NO EVENT WILL RAW4PRO BE LIABLE TO YOU FOR ANY SPECIA
L, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF D
ATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR the cost of procuring subst
itute products ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUT
ION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM
BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, AND WHETHER OR NOT RAW4PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SU
CH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY
LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSEN
TIAL PURPOSE.
9. U.S. Government End Users. The Software is a commercial item as that term is d
efined in FAR 2.101, consisting of commercial computer software and commercial comp
uter software documentation, respectively, as such terms are used in FAR 12.212
and DFARS 227.7202. If the Software is being acquired by or on behalf of the U
.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227
.7202-4, as applicable, the U.S. Government s rights in the Software will be only
those specified in this Agreement.
10. Export Law. You agree to comply fully with all U.S. and other applicable ex
port laws and regulations to ensure that neither the Software nor any technical
data related thereto nor any direct product thereof are exported or re-exported
directly or indirectly in violation of, or used for any purposes prohibited by,
such laws and regulations.
11. Disputes and Claims. You and RAW4PRO agree that any dispute, claim or contro
versy arising out of or relating to this Agreement or the breach, termination, e
nforcement, interpretation or validity thereof or the use of the Software (colle
ctively, Disputes ) will be settled by binding arbitration, except that each party
retains the right: (i) to bring an individual action in small claims court and (
ii) to seek injunctive or other equitable relief in a court of competent jurisdi
ction to prevent the actual or threatened infringement, misappropriation or viol
ation of a party s copyrights, trademarks, trade secrets, patents or other intelle
ctual property rights (the action described in the foregoing clause (ii), an IP P
rotection Action ). You acknowledge and agree that you and RAW4PRO are each waivin

g the right to a trial by jury or to participate as a plaintiff or class member

in any purported class action or representative proceeding. Further, unless both
you and RAW4PRO otherwise agree in writing, the arbitrator may not consolidate
more than one person's claims, and may not otherwise preside over any form of an
y class or representative proceeding. If this specific paragraph is held unenfor
ceable, then the entirety of this Section 11 will be deemed void. Except as prov
ided in the preceding sentence, this Section 11 will survive any termination of
this Agreement.
12. General. This Agreement will be governed by and construed in accordance wit
h the laws of the State of Michigan, without regard to or application of conflic
t of laws rules or principles. The United Nations Convention on Contracts for t
he International Sale of Goods will not apply. If you are a U.S. resident, Sect
ion 11 applies. If you are a non-U.S. resident, you agree that any claims or ac
tions regarding this Agreement may be brought solely in the state of federal cou
rts located in Michigan, and you waive any right to challenge jurisdiction and v
enue therein. You may not assign or transfer this Agreement or any rights grant
ed hereunder, by operation of law or otherwise, without RAW4PRO prior written con
sent, and any attempt by you to do so, without such consent, will be void. Exce
pt as expressly set forth in this Agreement, the exercise by either party of any
of its remedies under this Agreement will be without prejudice to its other rem
edies under this Agreement or otherwise. All notices or approvals required or p
ermitted under this Agreement will be in writing and delivered by confirmed facs
imile transmission, by overnight delivery service, or by certified mail, and in
each instance will be deemed given upon receipt. The failure by either party to
enforce any provision of this Agreement will not constitute a waiver of future
enforcement of that or any other provision. Any waiver, modification or amendme
nt of any provision of this Agreement will be effective only if in writing and s
igned by authorized representatives of both parties. Nothing in this Agreement
shall be construed to create a partnership, joint venture or agency relationship
between the parties. Neither party will have the power to bind the other or to
incur obligations on the other s behalf without such other party s prior written co
nsent. If any provision of this Agreement is held to be unenforceable or invali
d, that provision will be enforced to the maximum extent possible, and the other
provisions will remain in full force and effect. This Agreement is the complet
e and exclusive understanding and agreement between the parties regarding its su
bject matter, and supersedes all proposals, understandings or communications bet
ween the parties, oral or written, regarding its subject matter, unless you and
RAW4PRO have executed a separate agreement. Any terms or conditions contained i
n your purchase order or other purchasing document that are inconsistent with or
in addition to the terms and conditions of this Agreement are hereby rejected b
y RAW4PRO and will be deemed null.
13. Contact Information. If you have any questions regarding this Agreement, yo
u may contact RAW4PRO at info@RAW4PRO.com
14. Survivability. If some provisions of this Agreement become invalid or unenfo
rceable in certain jurisdictions, the remaining provisions survive and are valid
.
15. Third-party software components. RAW4PRO includes certain third-party compon
ents that are licensed to you under the terms of this Agreement for as long as t
his Agreement is in effect. Please refer to "licenses" folder
in RAW4PRO installation directory for the particular licenses of the components.
All components are copyright, property, and responsibility of their respective
owners.