9.3 Full agreement. Unless otherwise stated in an agreement signed between the parties, this agreement constitutes the exclusive and complete agreement between ArkCase and the user regarding the use of ArkCase software and/or user support and replaces all prior interviews, agreements or agreements, orally or written. 3.1 Grant the user. Subject to compliance with this agreement, ArkCase grants the user, during the subscription period: (a) a non-exclusive, non-transferable, non-sub-conceded license for the use, copy, testing and modification of the software solely for the user`s internal use, and is limited to the number of processors, cores, designated users and/or active processes indicated in the order form; (b) third-party rights to the open source software provided by the software, which are rights defined in the corresponding third-party licenses; and (c) the right to assistance for the designated term in a purchase order. A “Central Processing Unit (CPU)” is the electronic circuit inside a computer that executes the instructions of a computer program by performing the basic arithmetic, logical, control and output (E/A) operations specified in the instructions. A core is usually the basic computational unit of the CPU. A “designated user” is a user-authorized person who can access the software and has received a unique username or identifier (whether the user actually used that information to access the software). It must not be used by more than one person with an issued username or identifier, and disclosure of this information is expressly prohibited. The “active process” used when purchasing ArkCase Activiti BPM software refers to a process instance within the software that has not been completed, interrupted or formally suspended. Processes initiated, but not completed, have been formally discontinued or stopped or are in a “waiting state” represent active processes, regardless of the level of activity of the user or machine associated with these processes over time. 9.10 U.S. government end users. Each of the components that make up ArkCase software is a “commercial object,” as defined in 48 C.F.R.
2.101, consisting of “commercial computer software” and/or “commercial computer software documentation” as these terms are used in 48 C.F.R. 12.212. In accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 to 227.7202-4, all end-users of the U.S. government acquire the ArkCase software with the only rights shown here. Veracode Inc. Paula Kanikuru Phone: `44 (0)20 3761 5501 E-mail: email@example.com 9.4 Cases of force majeure. Cases of force majeure excuse the party concerned (the “non-exercising party”) from its obligations under this agreement, as long as the event and its effects persist. Force majeure events include, without limitation, acts of God, natural disasters, wars, unrest, network attacks, terrorist attacks, fires, explosions, accidents, sabotage, strikes, inability to maintain electricity, fuel, equipment or work, or the actions of a government.
The non-exercise party informs the other party as soon as possible of (a) its best appropriate assessment of the nature and duration of the force majeure event, and b) the steps it takes to mitigate its effects.