2016-07 Lightstreamer SLA

SOFTWARE LICENSE AGREEMENT

Please read carefully all of the articles of the following 
"Lightstreamer" software use license before downloading and 
installing the software. Downloading and installing the software, 
either directly or through a third party, manifests your acceptance 
of all of the terms and conditions of this use license. If you do not 
intend to accept the contents of this contract, you should not 
download or install the software. Instead, you should return it to 
Lightstreamer S.r.l. or destroy it.
Notwithstanding the fact that the present contract will be considered 
accepted and binding as described above, we encourage you to print 
and sign two copies of the present contract and to send one of the 
copies to the address indicated below.

1.	Use License. 
1.1	Lightstreamer S.r.l. (hereafter referred to as "Licensor"), 
following acceptance by you of all of the terms and conditions of the 
present agreement and once   payment of the contractually agreed 
amount is received by Licensor, grants you (hereafter referred to as 
"Licensee") this software use license permitting Licensee: on a non 
exclusive perpetual or time-limited basis to use the Software and the 
Documentation described in Art. 1.2, Art.1.3 and Art. 1.6 below. 
1.2	Software means the 'Lightstreamer' programs and related upgrades, 
fixes, and patches (hereafter referred to as "Lightstreamer" or 
"Software"), which are the exclusive property of the Licensor. The 
use of the Software is restricted to the product editions and 
features defined in the accepted Offer Letter and/or in the Purchase 
Order.
1.3	Documentation means all of the documentation related to the 
Software, including the use manuals, explanatory notes, and materials 
useful for the installation and functionality supplied by the 
Licensor to the Licensee, in any format, paper or electronic, at the 
moment of the consummation of the contract (hereafter referred to as 
"Documentation").
1.4	This license is non-exclusive and not transferable in any way, 
including in the form of a sublicense, subject to assignment on 
change of control. 
1.5	Assistance, maintenance, and updating relating to Lightstreamer, 
aside from that for provided hereunder, are not a part of the present 
contract, as they may be provided for in a further contract that may 
be entered into by the parties.
1.6	Lightstreamer and the Documentation can be used only and 
exclusively on the number of computers, numbers of users, features 
and time limitation that will be agreed upon by the parties and for 
which will be paid the corresponding sum, according to the obligation 
and limitations contractually determined. The Agreement does allow to 
distribute Client Libraries either as part of Licensor's application 
and as standalone libraries.
Licenses can be chosen among the following:
	(i) Lightstreamer Time-Limited Server License. One License is 
required for each deployed instance of Lightstreamer Server 
(irrespective of the number of CPUs, the number of concurrent 
Lightstreamer Sessions, and the number of concurrent 
Lightstreamer MPN Devices). A License File, to be installed on 
Lightstreamer Server, is provided by Licensor to Licensee for 
each License. Each License File contains the MAC address of one 
of the network cards of the machine on which Lightstreamer Server 
is installed. The License will expire at the end of the period 
for which it was purchased and the software will stop working 15 
(fifteen) days after expiration. In any case, attempts to use the 
License after its expiration are expressively prohibited.
	(ii) Lightstreamer Time-Limited Server Stand-By License. The 
Time-Limited Server Stand-By License is to be used solely for the 
purpose of deploying a mirror stand-by server in conjunction with 
a valid Time-Limited Server License and must be used only for 
disaster recovery purpose and not to balance users' connections. 
One License is required for each deployed instance of 
Lightstreamer Server (irrespective of the number of CPUs, the 
number of concurrent Lightstreamer Sessions, and the number of 
concurrent Lightstreamer MPN Devices). A License File, to be 
installed on Lightstreamer Server, is provided by Licensor to 
Licensee for each License. Each License File contains the MAC 
address of one of the network cards of the machine on which 
Lightstreamer Server is installed. The License will expire at the 
end of the period for which it was purchased and the software 
will stop working 15 (fifteen) days after expiration. In any 
case, attempts to use the License after its expiration are 
expressively prohibited.
	(iii) Lightstreamer Perpetual Server License. One License is 
required for each deployed instance of Lightstreamer Server 
(irrespective of the number of CPUs, the number of concurrent 
Lightstreamer Sessions, and the number of concurrent 
Lightstreamer MPN Devices). A License File, to be installed on 
Lightstreamer Server, is provided by Licensor to Licensee for 
each License. Each License File contains the MAC address of one 
of the network cards of the machine on which Lightstreamer Server 
is installed. The License has no expiration.
	(iv) Lightstreamer Perpetual Server Stand-By License. The 
Perpetual Server Stand-By License is to be used solely for the 
purpose of deploying a mirror stand-by server in conjunction with 
a valid Perpetual Server License and must be used only for 
disaster recovery purpose and not to balance users' connections. 
One License is required for each deployed instance of 
Lightstreamer Server (irrespective of the number of CPUs, the 
number of concurrent Lightstreamer Sessions, and the number of 
concurrent Lightstreamer MPN Devices). A License File, to be 
installed on Lightstreamer Server, is provided by Licensor to 
Licensee for each License. Each License File contains the MAC 
address of one of the network cards of the machine on which 
Lightstreamer Server is installed. The License has no expiration.
	(v) Lightstreamer Time-Limited Session-Limited Server License. 
One License is required for each deployed instance of 
Lightstreamer Server (irrespective of the number of CPUs). A 
License File, to be installed on Lightstreamer Server, is 
provided by Licensor to Licensee for each License. Each License 
File contains the MAC address of one of the network cards of the 
machine on which Lightstreamer Server is installed. The License 
will expire at the end of the period for which it was purchased 
and the software will stop working 15 (fifteen) days after 
expiration. In any case, attempts to use the License after its 
expiration are expressively prohibited.
	(vi) Lightstreamer Perpetual Session-Limited Server License. One 
License is required for each deployed instance of Lightstreamer 
Server (irrespective of the number of CPUs). A License File, to 
be installed on Lightstreamer Server, is provided by Licensor to 
Licensee for each License. Each License File contains the MAC 
address of one of the network cards of the machine on which 
Lightstreamer Server is installed. The License has no expiration.
	(vii) Lightstreamer Time-Limited Site License. One License is for 
an installation on a single geographical site, on an arbitrary 
number of machines located on that site. This means that all the 
machines can be in different offices but must be based at the 
same address. This licenses may not be split over different 
Sites. A Site License defines the maximum number of concurrent 
Lightstreamer Sessions and the maximum number of concurrent 
Lightstreamer MPN Devices that the set of installed Lightstreamer 
Servers will allow. In case more than one Site License is 
purchased, the aggregated maximum number of concurrent 
Lightstreamer Sessions and concurrent Lightstreamer MPN Devices 
may be split over different Sites. A License File, to be 
installed on Lightstreamer Server, is provided by Licensor to 
Licensee for each machine. Each License File contains the MAC 
address of one of the network cards of the machine on which 
Lightstreamer Server is installed. The License will expire at the 
end of the period for which it was purchased and the software 
will stop working 15 (fifteen) days after expiration. In any 
case, attempts to use the License after its expiration are 
expressively prohibited. During the License validity period, 
Licensee must provide Licensor, at least every 6 (six) months 
starting from the effective date of this Agreement, with the 
Audit Log files for all the installed instances of Lightstreamer 
Server. The Audit Log files must be delivered by Licensee to 
Licensor, via the means made available by Licensor, including 
automatic upload as described in Art. 1.8 below, within 15 
(fifteen) days from the expiration of the 6-month period. The 
Audit Log files report the average number of Lightstreamer 
Sessions and Lightstreamer MPN Devices in each ten-minute slot of 
server operation. Licensee must make sure that the time 
difference among the clocks of the machines hosting Lightstreamer 
Server is maximum 60 seconds (while respecting each time zone). 
Licensee must ensure that the Audit Log files for every instance 
of Lightstreamer Server are regularly collected and not altered. 
For each ten-minute time slot, the average numbers of 
Lightstreamer Sessions across all the server instances will be 
summed, leading to a single time series. Every six months, 
calculated from the beginning of validity of the contract, the 
99th percentile will be extracted from the time series covering 
the past six months and the resulting value will be assumed as 
the maximum number of utilized Lightstreamer Sessions. For each 
ten-minute time slot, the average numbers of Lightstreamer MPN 
Devices across all the server instances will be summed, leading 
to a single time series. Every six months, calculated from the 
beginning of validity of the contract, the 99th percentile will 
be extracted from the time series covering the past six months 
and the resulting value will be assumed as the maximum number of 
utilized Lightstreamer MPN Devices.
	(viii) Lightstreamer Time-Limited Site Stand-By License. The 
Time-Limited Site Stand-By License is to be used solely for the 
purpose of deploying a mirror stand-by site in conjunction with a 
valid Time-Limited Site License and must be used only for 
disaster recovery purpose and not to balance users' connections 
among sites. One License is for an installation on a single 
geographical site, on an arbitrary number of machines located on 
that site. This means that all the machines can be in different 
offices but must be based at the same address. A License File, to 
be installed on Lightstreamer Server, is provided by Licensor to 
Licensee for each machine. Each License File contains the MAC 
address of one of the network cards of the machine on which 
Lightstreamer Server is installed. The License will expire at the 
end of the period for which it was purchased and the software 
will stop working 15 (fifteen) days after expiration. In any 
case, attempts to use the License after its expiration are 
expressively prohibited. During the License validity period 
Licensee must provide Licensor, at least every 6 (six) months 
starting from the effective date of this Agreement, with the 
Audit Log files for all the deployed instances of Lightstreamer 
Server. The Audit Log files must be delivered by Licensee to 
Licensor, via the means made available by Licensor, including 
automatic upload as described in Art. 1.8 below, within 15 
(fifteen) days from the expiration of the 6-month period. The 
Audit Log files will be processed in the same way as defined for 
the Lightstreamer Time-Limited Site License.
	(ix) Lightstreamer Perpetual Site License. One License is for an 
installation on a single geographical site, on an arbitrary 
number of machines located on that site. This means that all the 
machines can be in different offices but must be based at the 
same address. This license may not be split over different Sites. 
A Site License defines the maximum number of concurrent 
Lightstreamer Sessions and the maximum number of concurrent 
Lightstreamer MPN Devices that the set of installed Lightstreamer 
Servers will allow. In case more than one Site License is 
purchased, the aggregated maximum number of concurrent 
Lightstreamer Sessions and concurrent Lightstreamer MPN Devices 
may be split over different Sites. A License File, to be 
installed on Lightstreamer Server, is provided by Licensor to 
Licensee for each machine. Each License File contains the MAC 
address of one of the network cards of the machine on which 
Lightstreamer Server is installed. The License has no expiration. 
Licensee must provide Licensor, at least every 6 (six) months 
starting from the effective date of this Agreement, with the 
Audit Log files for all the installed instances of Lightstreamer 
Server. The Audit Log files must be delivered by Licensee to 
Licensor, via the means made available by Licensor, including 
automatic upload as described in Art. 1.8 below, within 15 
(fifteen) days from the expiration of the 6-month period. The 
Audit Log files report the average number of Lightstreamer 
Sessions and concurrent Lightstreamer MPN Devices in each 
ten-minute slot of server operation. Licensee must make sure that 
the time difference among the clocks of the machines hosting 
Lightstreamer Server is maximum 60 seconds (while respecting each 
time zone). Licensee must ensure that the Audit Log files for 
every instance of Lightstreamer Server are regularly collected 
and not altered. For each ten-minute time slot, the average 
numbers of Lightstreamer Sessions across all the server instances 
will be summed, leading to a single time series. Every six 
months, calculated from the beginning of validity of the 
contract, the 99th percentile will be extracted from the time 
series covering the past six months and the resulting value will 
be assumed as the maximum number of utilized Lightstreamer 
Sessions. For each ten-minute time slot, the average numbers of 
Lightstreamer MPN Devices across all the server instances will be 
summed, leading to a single time series. Every six months, 
calculated from the beginning of validity of the contract, the 
99th percentile will be extracted from the time series covering 
the past six months and the resulting value will be assumed as 
the maximum number of utilized Lightstreamer MPN Devices.
	(x) Lightstreamer Perpetual Site Stand-By License. The Perpetual 
Site Stand-By License is to be used solely for the purpose of 
deploying a mirror stand-by site in conjunction with a valid 
Perpetual Site License and must be used only for disaster 
recovery purpose and not to balance users' connections among 
sites. One License is for an installation on a single 
geographical site, on an arbitrary number of machines located on 
that site. This means that all the machines can be in different 
offices but must be based at the same address. A License File, to 
be installed on Lightstreamer Server, is provided by Licensor to 
Licensee for each machine. Each License File contains the MAC 
address of one of the network cards of the machine on which 
Lightstreamer Server is installed. The License has no expiration. 
Licensee must provide Licensor, at least every 6 (six) months 
starting from the effective date of this Agreement, with the 
Audit Log files for all the deployed instances of Lightstreamer 
Server. The Audit Log files must be delivered by Licensee to 
Licensor, via the means made available by Licensor, including 
automatic upload as described in Art. 1.8 below, within 15 
(fifteen) days from the expiration of the 6-month period. The 
Audit Log files will be processed in the same way as defined for 
the Lightstreamer Perpetual Site License.
	(xi) Lightstreamer Perpetual Development and Test License. The 
Perpetual Development and Test License is to be used solely for 
the purpose of developing and testing Licensee’s applications, 
and not for any other purpose. If you use Lightstreamer under 
this license for any commercial or free production purposes, you 
must contact the Licensor or to obtain the appropriate license. 
Licensor may audit Licensee’s use of Lightstreamer. One License 
is required for each deployed instance of Lightstreamer Server 
(irrespective of the number of CPUs, the number of concurrent 
Lightstreamer Sessions, and the number of concurrent 
Lightstreamer MPN Devices). A License File, to be installed on 
Lightstreamer Server, is provided by Licensor to Licensee for 
each License. Each License File contains the MAC address of one 
of the network cards of the machine on which Lightstreamer Server 
is installed. A Lightstreamer Perpetual Development and Test 
License has the following limitations:
	- Each execution of the Lightstreamer Server process is limited 
to 3.5 hours. After this time, the Server shuts down and needs to 
be restarted.
	- Three times an hour, a message may be broadcast to connected 
clients to notify them that a Development License is in use.
	(xii) Lightstreamer Perpetual Demo License. The Perpetual Demo 
License is to be used solely for the purposes of evaluating 
Lightstreamer, developing and testing Lightstreamer-based 
applications, demonstrating a prototype of Licensee’s 
application, and not for any other purpose. If you use 
Lightstreamer under this license for any commercial or free 
production purpose, you must contact the Licensor to obtain the 
appropriate license. Licensor may audit Licensee’s use of 
Lightstreamer. The Perpetual Demo License is the default license 
pre-configured on Software and has the following limitations:
	- The allowed maximum number of concurrent Lightstreamer Sessions 
is 20 (twenty).
	- The allowed maximum number of concurrent Lightstreamer MPN 
Devices is 20 (twenty).
	(xiii) Lightstreamer Time-Limited Evaluation License. The 
Lightstreamer Time-Limited Evaluation License is to be used 
solely for the purpose of evaluating Lightstreamer without the 
limitation on the number of Lightstreamer Sessions posed by the 
Lightstreamer Perpetual Demo License, and not for any other 
purpose. If you use Lightstreamer under this license for any 
commercial or free production purpose, you must contact the 
Licensor to obtain the appropriate license. Licensor may audit 
Licensee’s use of Lightstreamer. A ClientID string, to be 
configured on Lightstreamer Server, is provided by Licensor to 
Licensee for each License. The Lightstreamer Evaluation License 
has an expiration date controlled by Licensor. In order to check 
the license validity and enable its use, Lightstreamer Server 
will periodically connect to Licensor’s servers through the 
Internet. As part of such online license check, Lightstreamer 
Server will send Licensor's servers some statistics (such as 
number of sessions, used bandwidth, etc.). The duration of an 
Evaluation License is usually 60 (sixty) days from the date of 
ClientID delivery, but it can be reduced or extended at 
Licensor’s discretion. Licensee is responsible to hold in 
confidence the assigned CliendID and not to disclose to any 
person other than directly concerned with purposes of the 
evaluation.
	(xiv) Lightstreamer Non-Production Full License. The 
Lightstreamer Non-Production Full License can only be installed 
and used to support Licensee's use of a production license. The 
Lightstreamer Non-Production Full Licenses has the same 
characteristics described for the corresponding production 
license, but can only be deployed as part of Licensee's internal 
development and test environment for internal non-production 
activities, including but not limited to testing, performance 
tuning, fault diagnosis, internal benchmarking, staging, quality 
assurance activity and/or developing internally used additions or 
extensions using published application programming interfaces. 
Licensee is not authorized to use any part of the Software for 
any other purposes without acquiring the appropriate production 
entitlements. Licensor may audit Licensee's use of the 
Lightstreamer Non-Production Full License.
1.7	Lightstreamer Server might periodically attempt to connect to 
Licensor's servers through the Internet to automatically check the 
availability of software updates; when this even occurs, Licensee is 
notified. Such mechanism can be disabled at Licensee's discretion.
1.8	Lightstreamer Server might periodically attempt to connect to 
Licensor's servers through the Internet to automatically upload the 
Audit Log file, in case of contract types 1.6 (vii), (viii), (ix), 
and (x). Such mechanism can be disabled at Licensee's discretion. In 
case Licensee relies on such mechanism to deliver the Audit Log files 
to Licensor, Licensee shall make sure that the automatic upload is 
properly configured and is working correctly.

2.	Consented Uses and Restrictions.
2.1	The Software and the Documentation are the exclusive property of 
the Licensor and are protected, as are all of the connected and 
related rights, by Copyright and applicable Intellectual Property laws.
2.2	The Software and all of the Documentation given by the Licensor 
to the Licensee are to be considered reserved and confidential. Upon 
termination of the present contract, except as provided by law, none 
of the materials and Documentation can be kept and used in any manner 
and must be destroyed.
2.3	Licensee agrees to use the Software respecting all of the 
applicable laws in the jurisdiction where the Software will be used, 
and complying with all laws in force, including but not limited to 
those related to Copyright and Intellectual Property rights.
2.4	For the duration of the license, Licensee can copy the Software 
and the Documentation only for back-up purposes. Except as provided 
for by contract or by law, Licensee shall not make any other copies 
of Lightstreamer. 
2.5	Licensee cannot decode, decompile, disassemble or modify the 
Software, or create derivations based on the Software other than as 
permitted by law. The Licensee shall not make known any program 
benchmark test without prior consent of the Licensor. 
2.6	By the present contract, the Licensor gives in license solely and 
exclusively to the Licensee the right to use the Software. No other 
right, including those related to trademarks, names, logos or 
anything else recognizable as a distinctive sign, present in the 
Software or in the Documentation, is given in license by the Licensor 
to the Licensee. 

3.	Trademarks and Logos.
3.1	Licensee accepts and recognizes that the Licensor is the sole and 
exclusive owner of the Lightstreamer trademark and logos related to 
it. 
3.2	Licensee has no right in relation to the use of such distinctive 
signs, and cannot remove them, modify them or use them autonomously.

4.	LIMITED WARRANTIES; DISCLAIMER.
4.1 The Licensor warrants that obligations under this agreement are 
fulfilled with all due skill, care and diligence including but not 
limited to Good Industry Practice, (without limiting the generality 
of this clause) in accordance with its own established internal 
procedures and in compliance with all applicable Laws.
4.2 The Licensor warrants on Server Licenses, Server Stand-By 
Licenses, Site Licenses, and Site Stand-By Licenses only (contract 
types 1.6 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), 
(x)) that:
4.2.1	its title to and property in the Software and Documentation 
is free and unencumbered and that it has the right power and 
authority to license the same upon the terms and conditions of this 
agreement;
4.2.2	the Software will for a period of 90 days from delivery 
perform in all material respects accordance with the Documentation.
4.2.3 the Software does not contain any harmful code (such as "trojan 
horses", "worms", or "viruses") and any back door  not declared in 
this agreement.
4.2.4	it is not aware of any right belonging to a third party that 
would result in the Software, Documentation or any other product or 
service rendered by the Licensor to the Licensee as violating any 
possible third party rights, including Copyrights, Patents, 
Trademarks or any other right.
4.2.5	Licensee must inform Licensor in writing during the Warranty 
Period (90 days from delivery date) if the Software does not operate 
as warranted and provide to Licensor such information and material as 
Licensor may reasonably request to document and reproduce such 
problem and to verify that any proposed solution corrects the 
problem. This warranty shall not apply to any bug, problem or defect 
resulting from any of the following: (i) any equipment, materials, 
products or software not provided by Licensor; (ii) Licensor’s 
compliance with designs, plans or specifications provided by Licensee 
to Licensor; (iii) any unauthorized repair, adjustment, modification 
or alteration to the Software by Licensee or any third party; (iv) 
any refusal by Licensee to install or to use a remedy, update, or 
replacement version of the Software offered by Licensor to Licensee; 
(v) any use of the Software not in accordance with the Documentation; 
(vi) any neglect, accident or misuse of the Software, or (vii) any 
malfunction that is not attributable to the Software. 
4.3	Exclusive Remedies. If there is a breach by Licensor of the 
warranty set forth in Section 4, Licensee’s exclusive remedy and 
Licensor’s sole obligation shall be (with the exception of contract 
types 1.6 (xi), (xii), and (xiii)) to: (i) modify the Documentation 
to accurately reflect the actual operation of the Software if there 
is merely a transcription error in the Documentation; (ii) modify the 
Software to conform to the Documentation unless the Documentation is 
in error; or (iii) provide a like-for-like workaround solution which 
shall meet Licensee’s reasonable requirements. If neither of the 
foregoing is determined by Licensor in its sole and absolute 
discretion to be commercially feasible, Licensor shall have the right 
to refund the Software licensee fees paid by Licensee under this 
agreement and to terminate this Agreement with no further liability 
to Licensee. In any event, Licensor shall not be held responsible for 
any damages, direct or indirect, of any type, that may be suffered by 
the Licensee or third parties.
4.4	To the fullest extent provided by law, and save as set out above, 
the Licensor assumes no responsibility and offers and recognized no 
guarantee, of any kind or nature, whether direct or indirect, 
explicit or implicit, for the Software, Documentation or any other 
product or service provided by Licensor to the Licensee, including 
but not limited to, guarantees related to the quality, saleability, 
accuracy, peaceful possession, and fitness for a particular purpose 
of the Software or of the Documentation.
4.5	Licensor agrees (with the exception of contract types 1.6 (xi), 
(xii), and (xiii)) to indemnify and handle at its own expense, for 
any claim or action against Licensee, its affiliates and its and 
their respective directors, officers, employees, agents and 
representatives (each, an "Indemnified Party") for actual or alleged 
infringement of any intellectual or industrial property right, 
including without limitation, trademarks, service marks, patents, 
copyrights, misappropriation of trade secrets or any similar property 
rights, based upon the Software, any portion thereof and/or 
Licensee’s use thereof.  Licensor further agrees to indemnify and 
hold Indemnified Party harmless from and against any and all 
liabilities, costs, losses, damages and expenses (including 
reasonable attorney’s fees) associated with such claim or action. 
Licensee shall promptly notify Licensor of any such claim or action 
(provided that any delay shall only reduce Licensor’s obligations 
hereunder in the event and to the extent that such delay actually 
prejudices Licensor). Licensee shall reasonably cooperate with 
Licensor in the defence of such claim or action at Licensor’s expense.
Licensor shall have the sole right to conduct the defence of any such 
claim or action and all negotiations for its settlement or 
compromise.  Notwithstanding the foregoing, in the event that 
Licensor shall fail to appoint an attorney within ten (10) calendar 
days after Licensee has notified Licensor of any such claim, Licensee 
shall have the right to select and appoint an alternative attorney 
and the reasonable cost and expense thereof shall be paid by Licensor.
If the Software becomes or in Licensor’s reasonable opinion is likely 
to become the subject of any such claim or action, then Licensor 
shall either: 
	(a) procure for Licensee the right to continue using the Software 
as contemplated hereunder;
	(b) modify the Software to render same non-infringing (provided 
such modification does not adversely affect Licensee’s use as 
reasonably determined by Licensee); or
	(c) replace the same with an equally suitable, functionally 
equivalent, compatible non-infringing Software Program.
Notwithstanding and in addition to the foregoing, Licensee may at its 
option and expense select and be represented by separate counsel. 
4.6	Licensor shall have no liability to the Licensee in respect of 
any breach of the Licensee’s obligations under this agreement.
4.7	Save as set out above, the Licensor neither claims nor guarantees 
that the functions contained in the Software will satisfy the 
requests, expectation or needs of the Licensee and possible third 
parties or that the functioning of the Software is continual, and 
without errors and defects. 
4.8	Save as set out above, the Licensor makes no guarantees regarding 
the use or any results deriving from the use of the Software and 
Documentation with respect to their correctness, accuracy, 
trustworthiness or in any other way. 
4.9	The Software and Documentation are granted under license and 
supplied by the Licensor and accepted by the Licensee, who has 
evaluated their appropriateness for his needs, as is. Save as set out 
above, the Licensee assumes every risk and responsibility with 
respect to the choice, installation and use of the Software and 
Documentation and their results.
4.10	Save as set out above, the Licensor has no obligations or 
responsibilities and makes no guarantees, aside from those expressly 
and specifically assumed or made in this contract.

5.	Limitation of Responsibility. 
5.1	Save as set out above, neither party is responsible for, and is 
expressly relieved from liability for, any damages suffered by the 
other, those direct, indirect, incidental, consequential, of any kind 
or nature, arising out of or related to the present contract, the 
Software and/or Documentation.
5.2	Save as set out above, including Licensor's indemnifications 
obligation, the Licensee recognizes and accepts that the Licensor is 
not in any way responsible for any use of the Software and/or the 
Documentation by the Licensee and/or for the consequences of such 
use, including but not limited to, if such use results in obtaining 
materials that violate the rights of third parties, is imprecise, 
obscene, indecent, threatening, offensive, defamatory, illicit, 
illegal or otherwise.
5.3	The Licensee recognizes and accepts that the Licensor is not 
responsible for possible malfunctions provoked by the Software or 
resulting from possible incompatibility between the Software and/or 
Documentation and hardware and for other possible delays or problems 
of functionality.
5.4	Where the applicable law does not allow for the applicability of 
the exclusions and limitations of responsibility contained in the 
present articles 4 and 5, in no event (other than for its 
indemnification obligations in article 4) the limit of responsibility 
and compensation of either party hereto (except in connection with 
Sections 4.2.1 and 4.2.4 above) in any way, for any and all damage, 
loss and for any other cause, shall not exceed, in total, the amount 
paid as Software licensee fees.

6.	Termination of the contract.
6.1 	In the event of breach by the Licensee of any of the 
undertakings or obligations assumed under the present contract, the 
Licensee has 30 (thirty) calendar days following notification in 
writing by Licensor to arrange an acceptable remedy and notify the 
Licensor. If the Licensee fails to do so, the Licensor will have the 
right to immediate terminate the present contract; upon the simple 
declaration given in writing to the Licensee to avail himself of this 
article. However, the right of the Licensor to take action necessary 
to obtain compensation for the damages possibly suffered shall 
remain.
6.2	Any termination of this contract pursuant to this clause shall be 
without prejudice to any other rights or remedies a party may be 
entitled to under this agreement or at law and shall not affect any 
accrued rights or liabilities of either party nor the coming into or 
continuance in force of any provision of this agreement which is 
expressly or by implication intended to come into or continue in 
force on or after such termination. In any case, the possible 
termination of the contract will not result in the obligation of 
restitution of any amounts already paid and will not produce effects 
regarding the services already performed, nor will it eliminate the 
right of the Licensor to receive other possible payments still due. 
In the event that the termination occurs in the warranty period, the 
licensee fee will be proportional with the duration of the contract.
6.3	At the moment of termination of the contract or at the end of the 
contract term, or at the expiration of a Time-Limited License, the 
Licensee shall cease any and all use of the Software and 
Documentation and destroy the Software and Documentation, except as 
provided by law.

7.	Applicable Law and Competent Forum.
7.1  	THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND 
ENFORCED IN ACCORDANCE WITH, THE LAWS OF ENGLAND WITHOUT REGARD FOR 
ITS CONFLICT OF LAW PROVISIONS.  
7.2	All disputes arising out of or in connection with the Agreement 
shall be finally settled in arbitration under the Rules of 
Arbitration of the International Chamber of Commerce (ICC), by 3 
(Three) arbitrators appointed in accordance with the said Rules.
The place of arbitration shall be Milan (Italy). The language of the 
arbitration shall be English.
Any Party shall have the right to have recourse to and shall be bound 
by the pre-arbitral referee procedure of the International Chamber of 
Commerce (ICC) in accordance with its Rules for a Pre-Arbitral 
Referee Procedure.
The Arbitration Section shall not prevent either Party from having 
recourse to the Court of Bruxelles according to art.7.3.
7.3	Alternatively, EACH OF THE PARTIES HERETO HEREBY CONSENTS AND 
AGREES TO THE EXCLUSIVE JURISDICTION OF THE COURT OF BRUXELLES IN 
CONNECTION WITH ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS 
AGREEMENT.

8.	Miscellaneous.
8.1	The possible nullity of one or more of the clauses of the present 
contract will not invalidate the other clauses. The possible nullity 
of one or more of the clauses of the present contract will not result 
in the invalidity of the contract as a whole. In any case, the 
contracting parties undertake, in good faith, to use their best 
efforts in order to remedy the nullity of the single clauses and to 
substitute the invalid parts with valid ones of equivalent or similar 
content.
8.2	The present contract substitutes any and all past negotiations, 
obligations and agreements such that all of the conduct of an 
obligations assumed by the parties will be regulated by the present 
contract.
8.3	Any modification or integration of the contents of the present 
contract must be agreed upon in writing and signed by the legal 
representatives of the parties.
8.4	The Licensor reserves the right to access and/or make known 
information regarding the Licensee, including the contents of 
communications, in order to comply with the law or respond to a 
lawsuit; enforce the fulfillment of the present contract by the 
Licensee (including protecting its rights in the Software, 
Documentation or anything else deriving from and/or related to the 
present contract).
8.5	All communications, statement and/or other announcements made on 
the base or as foreseen by the present contract shall be sent to the 
Licensor at:

Lightstreamer S.r.l.
Via Campanini, 6
20124 Milan
Italy

Tel. +1 650 353 33 30
Fax. +39 02 3631 1392
E-mail: info@lightstreamer.com

Any changes to the addresses or numbers above will be reported in the 
"Contact Us" section of the www.lightstreamer.com site.

IN WITNESS WHEREOF the Parties hereto have executed this Agreement in 
duplicate originals by their duly authorized officers or 
representatives.


LICENSOR

	Place: Milan (Italy)

	Date_____________________________________________
 
	Signer's Name_____________________________________________

	Position: co-CEO

	Signature_____________________________________________
	


LICENSEE

	Company name_____________________________________________

	Place_____________________________________________

	Date_____________________________________________
 
	Signer's Name_____________________________________________

	Position_____________________________________________

	Signature_____________________________________________