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ESL Release Notes

(A)The Licensor hereby grants to the Licensee a non-exclusive license to Use the Licensed Program Materials subject to the terms and conditions hereinafter contained

(B)The Licensee shall Use the Licensed Program Materials for processing its own data for its own internal business purposes only. The Licensee shall not permit any third party to use the Licensed Program Materials nor use the Licensed Program Materials on behalf of or for the benefit of any third party in any way whatever (including, without limitation, using the Licensed Program Materials for the purpose of operating a service bureau)

(C)The use of the Licensed Program Materials is restricted to use on and in conjunction with the Equipment save that:

(i)if the Licensed Program Materials cannot be used with the Equipment because it is inoperable for any reason then the license shall be temporarily extended without additional charge to use with any other equipment until such failure has been remedied provided that such other equipment is under the direct control of the Licensee. The Licensee shall promptly notify the Licensor of such temporary use and of the commencement and cessation thereof;

(ii)the Licensee may with the prior written consent of the Licensor (such consent not to be unreasonably withheld) Use the Licensed Program Materials on and in conjunction with any suitable replacement equipment (to be specified by type and serial number) if the use of the Licensed Program Materials on and in conjunction with the Equipment is permanently discontinued. Upon such consent being given the replacement equipment shall become the Equipment for the purposes of the license

The use of the Licensed Program Materials on and in conjunction with such temporary or replacement equipment shall be at the sole risk and responsibility of the Licensee who shall indemnify the Licensor against any loss or damage sustained or incurred by the Licensor as a result. Without prejudice to the generality of the foregoing the Licensor shall not (unless otherwise agreed in writing by the Licensor) have any liability under Section 6 and 10 hereof in connection with such use

(D)The license shall not be deemed to extend to any programs or materials of the Licensor other than the Licensed Program Materials unless specifically agreed to in writing by the Licensor

(E)The Licensee hereby acknowledges that it is licensed to use the Licensed Program Materials only in accordance with the express terms of this Agreement and not further or otherwise