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You should read this License Agreement carefully and only accept its terms if you understand and agree with them. If you accept and agree with all of them, you should click on the "Yes" button below. If you do not agree to all of these terms and conditions, do not click on the "Yes" button below, in which case you will not be able to proceed with the installation of the Product."

Important Notice Regarding Home Edition Users

EVEREST Home Edition is free for personal and for non-commercial use only. All Home Edition users must register with Lavalys. It is strictly illegal to use EVEREST Home Edition in academic, government or non-profit organizations but it is permissible to license or OEM the product. For more information, please contact [email protected].

LAVALYS END USER LICENSE AGREEMENT

ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING END USER LICENSE AGREEMENT ("EULA") AND ALL APPLICABLE ADDENDA ("LICENSE") WHICH DEFINE WHAT YOU MAY DO WITH THE PRODUCT AND CONTAIN LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY LAVALYS ("Lavalys") AND INCLUDES THE FOLLOWING: 
1. General License Agreement
2. Lavalys Guidelines for the Use of Lavalys products
3. Trial Version Addendum to the General License Agreement
4. Academic Version Addendum to the General License Agreement
5. OEM Version Addendum to the General License Agreement
6. SDK Addendum to the General License Agreement
7. Beta Version Addendum to the General License Agreement

IF YOU ARE DOWNLOADING THIS PRODUCT:
(i) you certify that you are not a minor and that you agree to be bound by all of the terms and conditions set out in this License. Downloading and/or using the Product will be an irrevocable acceptance of the terms and conditions of the License;
(ii) you agree to be responsible for any and all internet service provider fees, telecommunication and other charges that may apply as a result of your download of the Product; and
(iii) you represent and warrant to Lavalys, if you are accepting on behalf of a company, or other legal entity, that you have full authority to bind such entity.
IF YOU DO NOT AGREE WITH THE ABOVE, DO NOT DOWNLOAD THIS PRODUCT

1. GENERAL LICENSE AGREEMENT

IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE AND THIS PRODUCT IS TANGIBLE STORAGE MEDIA (i.e. CD), RETURN THE COMPLETE PRODUCT TO LAVALYS CUSTOMER SERVICE, 192 FLEUR DE LYS, LAVAL, QUEBEC, CANADA, H7G 2K7, WITHIN TEN (10) DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL REFUND. THIS EULA IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.

1.1 LICENSE: 
LAVALYS ("we" or "us") provides you with a computer program, computer software, including its code, objects including their APIs as well as any images, photographs, templates, animations, video, audio, music, text and "applets" incorporated into the software, the accompanying printed materials, a License, and "online" or electronic documentation (together called the "Product") and we grant you a License to use the Product in accordance with the terms of this License. Any supplemental software code and supporting materials provided to you as part of support services provided by Lavalys for the Product shall be considered part of the Product and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with us or our licensors. You must reproduce any copyright or other notice(s) marked on the Product on all copies you make.

1.2 YOU MAY: 
(i) install and use one copy of the Product on a single computer. You may also make and use a second copy of the Product on a home or portable computer provided that copy is never loaded in the RAM of the home or portable computer at the same time it is loaded in the RAM of the primary computer;
(ii) also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Product is installed or run from the storage device. A license for the Product may not be shared or used concurrently on different computers;
(iii) make one copy of the Product for archive or backup purposes; 
(iv) except in the case of Academic and OEM edition Products which are non-transferable (see Academic Version Addendum and OEM Version Addendum to this License), transfer the Product to someone else only if you assign all of your rights under this License, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the Product, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License;
(v) if you have purchased this Product as an upgrade of either a Lavalys product or another vendor's product, you may continue to use your upgraded product with this Product. If you transfer this Product, you must either transfer the upgraded product at the same time you transfer the Product or destroy the upgraded product at the same time you transfer the Product. If the Product you have purchased is an upgrade of a Lavalys product, you now may use that upgraded product only in accordance with this License; and
(vi) use only one (1) of the language versions if the Product provides you with a selection of multiple language versions.

1.3 YOU MAY NOT: 
(i) use the Product or make copies of it except as permitted in this License; 
(ii) translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law;
(iii) rent, lease, assign, or transfer the Product except as set out in Section 1.2 above;
(iv) modify the Product or merge all or any part of the Product with another program;
(v) redistribute any files included with the Product;
(vi) separate the component parts of the Product for use on more than one computer; and if this Product is OEM: 
(vii) use or copy the Product if you received the Product as a standalone. The Product must be purchased in conjunction with the Lavalys approved partner products or services described in the Warning located on the Product storage media.

1.4 UNISYS TECHNOLOGY LIMITATION: 
(i) Lavalys products that provide PDF and/or TIFF-LZW and/or GIF and/or Postscript-LZW and/or LZW graphics capability utilize technology covered by U.S. Patent No. 4,558,302, and all foreign counterparts ("Unisys Patent"). The License granted to you hereunder permits you to use the Unisys Patent in conjunction with your use of this Product only. Use of any other product or the performance of any other activity involving the compression/decompression technology covered by the Unisys Patent requires a separate license from Unisys Corporation.
(ii) This Lavalys software may include cryptographic software developed by the OpenSSL Project for use in the OpenSSL Toolkit. For more information, please visit: http://www.openssl.org/

1.5 PRODUCT PATCH, PLUG OR UPDATE
If this is a patch, plug, update or other file located at this site (if you are downloading from the Web) or contained on this storage media (if you are receiving software on CD-ROM) (the "Software"), the Software is designed for use with a Lavalys application software product (the "Original Application") and is subject to Lavalys' Limitations of Warranties and Liability (as set out in Section 1.8) and Eligibility provisions (as set out in Section 1.11), as applicable. You are granted a non-exclusive license to use such Software only with the Original Application provided that you still possess a valid license from Lavalys for the Original Application. Except as provided below, the Software is subject to the terms and conditions of the License from Lavalys accompanying the Original Application. If you are downloading this Software, all risk of damage to the Software during transmission and download is assumed by you.

1.6 TERM:
This License shall remain in effect only for so long as you are in compliance with the terms and conditions of this License. This License will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination. If you have purchased this product as part of the Student Campus Reward Option for Learning (SCROL) Program, you are bound by the conditions as stated in Section 4.2 herein.

1.7 WARRANTY: 
IF THIS PRODUCT IS TANGIBLE STORAGE MEDIA (i.e. CD) LAVALYS WARRANTS THAT THIS PRODUCT WILL BE FREE FROM DEFECT IN MATERIALS AND WORKMANSHIP FOR NINETY (90) DAYS FROM THE DATE YOU ACQUIRE IT. IF SUCH A DEFECT OCCURS, RETURN THE MEDIA TO US AT, LAVALYS CUSTOMER SERVICE, 192 FLEUR DE LYS, LAVAL, QUEBEC, CANADA, H7G 2K7, AND WE WILL REPLACE IT FREE OF CHARGE. THIS REMEDY IS YOUR EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. IT GIVES YOU CERTAIN RIGHTS AND YOU MAY HAVE OTHER LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.

1.8 LIMITATION OF WARRANTIES AND LIABILITY: 
EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER LAVALYS NOR ITS DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

1.9 U.S. GOVERNMENT RIGHTS: 
The Product under this License is "commercial computer software" as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement ("DFAR") and its successors.

1.10 EXPORT CONTROLS: 
If the Product is identified as a not-for-export product (for example, on the box, media or in the installation process), then, unless you have exemption from the United States Department of Commerce or other regulatory authority as designated from time to time the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE PROGRAM MAY NOT BE EXPORTED OUTSIDE OF THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY THE U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY AGREEING TO THE TERMS OF THIS LICENSE YOU ARE WARRANTING TO LAVALYS THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A "FOREIGN PERSON".

1.11 ELIGIBILITY: 
If you are downloading this Product from the Web, to be eligible to download the Product you must be in compliance with applicable export laws. By accepting the EULA you are representing and warranting to Lavalys you are compliant with the following statements: (i) you are not a citizen, national or resident of, and are not under the control of, the government of: Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Serbia, Taliban-controlled areas of Afghanistan, nor any other country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Product, directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Product, directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not use the Product for, and will not allow the Product to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

If you cannot represent and warrant that you are in compliance with the above statements, you are not eligible to download the Product.

1.12 GENERAL:
This License is the entire agreement between us, superseding any other agreement or discussions, oral or written other than a separate, valid and existing license agreement entered into between you and Lavalys or any of its subsidiaries of affiliates (the "Other License") in which case that Other License governs to the extent of any inconsistency between this License and that Other License, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, unless there is an Other License, in which case the choice of law specified in that Other License shall prevail, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English. Les parties aux pr



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