Dream Report End User License Agreement (EULA)

This legal document is an agreement between you, "the licensee", and OCEAN DATA SYSTEMS or one of its distributors, referred to hereinafter as "the licensor".

BY DOWNLOADING DREAM REPORT SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, UNINSTALL IMMEDIATELY DREAM REPORT AND PROMPTLY DELETE ANY FILE, BACK UP FROM YOUR MACHINES

In order to preserve and protect its rights under applicable laws, OCEAN DATA SYSTEMS or its distributors distribute and hold the right of DREAM REPORT Software. The Licensee acquires the right to use this software package from the licensor under the conditions defined hereafter.

OCEAN DATA SYSTEMS EULA

ARTICLE 1: TERMS OF USE. The licensee receives a version of the software packages which are directly usable by the computer. The right to use the software package is Granted to the licensee under the condition that the licensee has made full payment of the user's fees. This right is not transferable and is not exclusive. It is limited to use by the licensee only, on a single computer (i.e. with a single CPU) and one site at a time.

ARTICLE 2: RESPONSIBILITIES. Because of the nature of the licensed software packages, the licensor undertakes to provide essential technical assistance. The licensor guarantees that its software packages, when correctly used, substantially comply with the technical specifications given in the documentation. The licensee has nonetheless been notified and specifically agrees that with the present state of technology, it is impossible to guarantee that a software package is free of all faults, and that the licensor cannot guarantee that its software packages will operate without faults or downtime. The licensee is therefore responsible for taking all appropriate steps to reduce, insofar as possible, the prejudicial consequences of any incident or operating fault, in particular by notifying the licensor or its distributors of any problem in a timely fashion. The licensee confirms that it holds all the information necessary to enable it to assess the suitability of the software packages to his requirements. The licensee is also responsible for the installation and use of the software packages, and the qualification and competence of its personnel.
NEITHER OCEAN DATA SYSTEMS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF OCEAN DATA SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 3: TITLE. The granting of a license to use the software packages does not imply any transfer of title. The licensor retains title to its software packages and all associated rights.
The licensee therefore undertakes to refrain from :

modifying the software packages or converting them to any other programming language, decompiling or disassembling them;
replacing the protection (Hard and soft) supplied with the software packages with any other equivalent system;
reproducing the software packages or their documentation in part or in whole, except for essential back-up storage.

Should this contract be terminated for any reason, the licensee must:

certify to the licensor, in writing and within 8 days, that it immediately stopped using the software packages;
return the software packages to the licensor within one month of termination of the contract, with all corresponding storage media, supplies and documentation;
guarantee that all back-up copies of the software packages have been returned to the licensor, erased or destroyed.

Should the licensee fail to meet its obligation not to transfer to an unauthorized third party the right to use the software packages and the corresponding documentation, the licensor reserves the right to claim a penalty payment equal to five times the price defined by this license agreement. This penalty fee shall apply for each proven infraction.

ARTICLE 4: WARRANTY. As soon as installation is complete, the licensee must check that the software supplied complies with specifications. If the licensee does not send a registered letter to the licensor within fifteen days noting any reservations, the licensee shall be considered to have accepted the software packages supplied and the conditions of the license for use. Should the product as supplied be faulty, all media supplied shall be returned and a new copy shall be supplied by the licensor within 8 days. Should the licensee find a fault within 90 days of the date of delivery of the software packages, the licensor undertakes to provide an alternative solution or to try to correct the fault in a later version of the software packages. However, any travel and subsistence costs incurred by the licensor personnel sent to a customer's site for this purpose shall be at the expense of the licensee and shall be invoiced on the basis of receipts. If the request for technical assistance concerns an incident which cannot be attributed to the software package as supplied by the licensor, the licensor shall invoice the time spent at the rate applicable on the day of the servicing, in addition to travel costs. When this guarantee period is over, a follow-up contract for the software packages may be signed between the licensor and the licensee, in particular to maintain this guarantee beyond the initial 90 days period.

ARTICLE 5: ADVERTISING. Unless the licensee specifically objects in writing, the licensor has the right to give the licensee's name in its list of references for the software packages and to publish this list.

ARTICLE 6: CONFIDENTIALITY. Both parties undertake not to disclose the documents or information furnished by the other during the term of the contract, and to ensure that its collaborators also respect this condition.

ARTICLE 7: TERMINATION OF THE CONTRACT. Either party may terminate this contract should the other party fail to perform any of the terms and conditions of the contract. Termination shall be effective one month after notification by registered letter should this registered letter remain without reply. The licensor may also rightfully terminate the contract in case of the licensee is declared bankrupt or must wind up by decision of the court, or in the case of a merger in which a third party takes control of the licensee. In all the above mentioned cases, the licensee must stop using the software packages as per the stipulations of Article 3, "Title". Should the licensor terminate the contract, the licensor shall keep the sums already paid. The licensee undertakes to pay all sums relating to this contract due on the date of termination (whether or not they have already been invoiced). Should the licensee terminate the contract, the conditions of Article 3 shall apply.

ARTICLE 8: POWER OF JURISDICTION. Should an amicable arrangement prove impossible, any litigation concerning this contract shall be submitted to the LYON Chamber of Commerce. Both parties recognize the competence of this court ration loci, no matter where the services were rendered or where the defendant has its registered offices. It is specifically agreed that if any clause of this contract is held to be null and void by a court, the rest of the contract shall remain in force.

ARTICLE 9. ACKNOWLEDGEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENCE, UNDERSTAND IT AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LICENCE IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENSE.

Should you have any further questions concerning the above OCEAN DATA SYSTEMS EULA, please contact in writing: OCEAN DATA SYSTEMS LTD, 19 Idelson str., Tel Aviv, Israel.

APPENDIX To The OCEAN DATA SYSTEMS E.U.L.A

1. IDENTIFICATION. This license concerns the software package DREAM REPORT whose name was registered with the Institut National de la Propriété Industrielle on April
20, 2006 under reference numbers 5030135.

2. TERM OF CONTRACT. The term of this contract is indefinite, since it is a contract for the granting of a license to use the licensor software.

3. INSTALLATION. This contract does not include installation by the licensor of its software on the licensee's computer, including the physical connections.