3Li Business Solutions Customer Terms

End User License Agreement (« EULA »)

These 3Li Business Solutions Customer Terms are formed by multiple contractual documents governing a 3Li Business Solutions Software as a Service Product (hereafter the "Software Product", provided or will be provided by 3Li Business Solutions SASU (hereinafter “3Li) or any of its subsidiaries or affiliates.

The Customer Agreement consists of this End User License Agreement (« EULA »,the Microsoft Customer Agreement and The Order Form.

This EULA sets out the conditions under which 3Li makes the Service Product (hereinafter the “the Product”) available to you (the « user » or « you ») and under which you may use it.

IMPORTANT - Read through these 3Li Customer Terms before continuing registration. By installing or using the Product, you agree to accept and be bound by this EULA at all times.

3Li reserves the right to change, modify, add or delete articles of this EULA at any time.

1. DESCRIPTION OF USAGE RIGHTS AND LIMITATIONS.

Upon 3Li's acceptance of your Order Form and for the duration of the term and the conditions defined on your Bill-of-Sale, you have the nonexclusive, non-assignable, worldwide limited right to use the Software Product solely for your internal business operations and subject to the terms of this Agreement and the Order Form. You may allow your users to use the Software Product for this purpose and you are responsible for your users' compliance.

The right to use the Software Product is sold to you as a Service on a fixed-term basis. This EULA defines the sole rights to use the Software Product for its intended purposes. 3Li reserves all other rights. You may use the software only as expressly permitted in the present EULA. The EULA does not grant you any rights to copy, modify, decompile or distribute the Software Product.

3Li reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other laws and treaties relating to intellectual property. 3Li or its suppliers hold the title, copyright and other intellectual property rights to the Software Product. This EULA does not grant you any rights to the trademarks or service marks of 3Li or its affiliates.

If the Software Product is an app for Microsoft Dynamics 365, then you must purchase Microsoft Dynamics 365 from Partner and/or 3Li, and 3Li must be Partner of Record for the Microsoft Dynamics 365 portion of the solution.

2. RESERVATION OF OWNERSHIP AND RIGHTS.

3Li reserves all rights not expressly granted to you in this EULA. The Software Product is protected by copyright and other laws and treaties relating to intellectual property. 3Li, its affiliates or its suppliers hold the title, copyright and other intellectual property rights to the Software Product.

3. NO RENTAL OR COMMERCIAL ACCOMMODATION.

You are not authorized to sell, rent, lend or provide commercial hosting services with the Software Product.

4. CONSENT TO THE USE OF THE DATA.

Customer Data will be used only to provide you the Software Product and services including purposes compatible with providing those services.

You agree that 3Li and its affiliates may collect and use technical information collected as part of the product support services provided to you, if any, regarding the Software. 3Li may use this information only to improve its products or to provide you with personalized services or technologies.

At all times during the Term of your subscription, you will have the ability to access and extract Customer Data.

5. NO WARRANTY, LIMITATION OF LIABILITY.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU USE THE PRODUCT AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED « AS IS » WITH AKK FAULTS AND 3LI MAKES NO CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND DISCLAIM ALL OF THEM AND ALL OTHER TERMS.

3Li does not give any further representation, warranty or undertaking as to the effectiveness, performance, quality or fitness for any purpose of the Software Product or any related material or documentation or services.

3li does not warrant that the product will be free from interruption or error, You assume full responsibility for the selection of the product to achieve the results you expect, as well as for its installation, use and results.

To the maximum extent permitted by law, 3Li or its affiliates are in no way liable to you by reason of any representation or the breach of any implied condition, warranty or other term or any duty under any law or statues, or under any express term of this Agreement, for any direct or indirect loss, damage of any kind, whether resulting from tort (including negligence and breach of a legal obligation), contract, misrepresentation (accidental or negligent), costs, expenses or other claim for compensation whatsoever.

6. TERM AND TERMINATION.

Your subscription shall commence on the date indicated in your Bill-of-Sale for a fixed term. The Term of the subscription renews automatically unless terminated by any, by providing a 60 days written notice.

The non-payment of the issued invoice will entitle 3Li to suspend or terminate this contract and proceed, as a consequence, to the cancellation of the user’s access to the application, once 15 days have passed since the non-payment and upon notice of 3Li.

Under no circumstance is 3Li liable for any damages or losses that may be derived directly or indirectly by the suspension or cancellation of the service for these circumstances.

Once the cancellation of the user occurs, the access codes will be canceled and the data that the user would have stored in Azure Cloud will not be deleted and will be available in read-only mode.

Without prejudice to any other right, 3Li may terminate this Customer Agreement if you do not comply with the terms and conditions of this EULA. In such a case, you must destroy all copies of the Software Product and all its components.

7. PRODUCT MODIFICATION.

3Li may modify the Product for any reason or without specific reason at any time and at its discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Software Product. You agree that the Software Product may install or download the changes automatically. You agree that 3Li may stop supporting the Product as soon as an updated version is available.

8. SUBSISTENCE OF CLAUSES

If any clause of this Customer Agreement is declared, totally or partially, null or ineffective, such nullity or inefficacy will affect only that provision or part of it that is null or ineffective, this EULA will subsist in everything else, having such provision or the part of it that is affected by not being posted. For such purposes, the EULA shall only cease to be valid exclusively with respect to the null or ineffective provision, and no other part or provision of the EULA shall be annulled, invalidated, prejudiced or affected by such nullity or ineffectiveness.

9. APPLICABLE LAW.

This EULA is governed by French law. The competent court is the Commercial Court of Paris (France).