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<h1 class="title">PEPS SOFTWARE LICENSE AGREEMENT</h1>
<h2 class="author">version 1.0.0</h2>
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<p><strong>PEPS is open source software, this license applies solely to the ready-to-use binary builds of PEPS.</strong></p>

<p>PLEASE READ CAREFULLY THE TERMS OF THIS PEPS SOFTWARE LICENSE AGREEMENT (&quot;AGREEMENT&quot;). THE TERMS OF THIS AGREEMENT GOVERN YOUR USE OF THE PEPS APPLICATION SERVER, AS FURTHER DEFINED BELOW.</p>
<h1 id="definitions"><span class="header-section-number">1</span> Definitions</h1>
<p>The PEPS application server software product, currently identified (the &quot;Software&quot;) consists of the executable code provided by &quot;MLstate&quot; (Proviciel SA, a company headquartered 37 rue des Mathurins, 75008 Paris, France) and downloaded by you.</p>
<p>The terms are defined as follows:</p>
<ul>
<li>&quot;Software&quot; includes, without limitation, any patches, updates, improvements, additions, enhancements and other modifications or revised versions that may subsequently be made available to you by MLstate.</li>
<li>&quot;Documentation&quot; means all associated user manuals and user documentation made available to you by MLstate.</li>
<li>Software and Documentation collectively mean the &quot;Products&quot;.</li>
</ul>
<h1 id="disclaimer"><span class="header-section-number">2</span> DISCLAIMER</h1>
<p>THE SOFTWARE IS PROVIDED &quot;AS IS&quot;, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.</p>
<h1 id="grant-of-license"><span class="header-section-number">3</span> Grant of License</h1>
<p><strong>MLstate is willing to license the Products to you only upon the condition that you accept all the terms contained in this Agreement.</strong></p>
<p>By checking the &quot;I accept&quot; box in the Software and by downloading, installing or using the Products, you have indicated that you understand this Agreement and accept all of its terms.</p>
<p>If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, &quot;you&quot; and &quot;your&quot; will refer to that company or other legal entity.</p>
<p>If you do not accept all the terms of this Agreement, then MLstate is not willing to license the Products to you and you must destroy all copies of the Products in your possession or control.</p>
<p>Since you accept the terms and conditions of this Agreement, MLstate grants you a nonexclusive, nontransferable license to use the executable form of the Products, within the limits and restrictions written in section 3 (Restrictions).</p>
<p>The license will be activated and stored in the form of a digital certificate obtained when running the software from MLstate servers (the &quot;Activation&quot;). The Activation may be done by any other appropriate form.</p>
<p>MLstate reserves all rights in the Products not expressly granted to you in this Agreement. No rights are granted to you hereunder other than as expressly set forth herein.</p>
<h1 id="restrictions"><span class="header-section-number">4</span> Restrictions</h1>
<p>You may not copy the Products, except as strictly necessary to use the Products in accordance with the terms of Section 2 (Grant of License). You may not modify the Products. You will not distribute, sell, sublicense, lend, rent, assign, distribute, time share, offer in a service bureau or otherwise transfer or make available the Products to any third party.</p>
<p>Your license is valid only for a domain name (or subdomain), for which you are the owner. MLstate may ask you to provide a proof of ownership of the domain.</p>
<p>Your license is valid within a limit of the number of user accounts that can be created for free in the Software (&quot;Limit&quot;), and currently set at 30 users. Even if MLstate changes the limit in newer versions if this Agreement, you will still be bound to the Limit at time of Activation.</p>
<p>You may not modify the software to change the Limit, but you can contact MLstate to purchase licenses for additional users.</p>
<p>You will not use the Products in violation of any applicable local, state, national and/or foreign law, treaties, and/or regulations (&quot;Laws&quot;), including without limitation privacy Laws.</p>
<h1 id="ownership"><span class="header-section-number">5</span> Ownership</h1>
<p>As between the parties, MLstate owns all right, title, and interest in and to the Products, including without limitation any and all common law, statutory and other industrial property rights and intellectual property rights, including without limitation copyrights, trademarks, trade secrets, patents and other proprietary rights issued, honored or enforceable under any applicable laws anywhere in the world, and all moral rights related thereto (collectively, &quot;Intellectual Property Rights&quot;) therein.</p>
<h1 id="feedback"><span class="header-section-number">6</span> Feedback</h1>
<p>You may provide MLstate with feedback, comments and suggestions for improvements to the Products (collectively, &quot;Feedback&quot;).</p>
<p>As between the parties, all Feedback will be your sole and exclusive property; provided, that you grant or will cause to be granted to MLstate a non-exclusive, royalty-free, paid-up, irrevocable, perpetual, transferable, world-wide license (with the right to sublicense) to use the Feedback in connection with MLstate's ongoing development of the Software, including, without limitation, for purposes of correcting errors in the Software and for enhancing, extending or otherwise improving the Products.</p>
<h1 id="privacy-and-data-protection"><span class="header-section-number">7</span> Privacy and Data Protection</h1>
<p>From time to time, the Software may collect certain information from the server on which it is installed, which may include the domain name and statistics about the Software usage such as the total number of users, teams, messages and files. You agree to share these statistics with MLstate.</p>
<p>Your content such as messages, files will not be shared with MLstate.</p>
<p>As an exception to the above, information contained in messages that you report as spam or as incorrectly identified as spam (which may contain personally identifiable information) will be sent to MLstate only with your permission. MLstate will use them only for the purpose of improving the detection ability of MLstate antispam technology. MLstate will not correlate these files with any other personally identifiable information nor use them for any other purpose.</p>
<h1 id="termination"><span class="header-section-number">8</span> Termination</h1>
<p>You may terminate this Agreement at any time by destroying all copies of the Products in your possession or control, and you will promptly notify MLstate of such termination at contact@mlstate.com.</p>
<p>This Agreement will automatically terminate if you breach any provision of this Agreement.</p>
<p>Upon termination, you will cease all use of the Products and destroy all copies of the Products in your possession or control. Sections 2, 4, 5, 9, 10, 11 and 12 will survive any termination of this Agreement.</p>
<h1 id="limitation-of-liability"><span class="header-section-number">9</span> LIMITATION OF LIABILITY</h1>
<p>IN NO EVENT WILL MLSTATE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SOFTWARE AND/OR DOCUMENTATION, AS APPLICABLE, OR FOR ANY ERROR OR DEFECT IN THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MLSTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<h1 id="assignment"><span class="header-section-number">10</span> Assignment</h1>
<p>You may not assign this Agreement, in whole or in part, by operation of law or otherwise, without MLstate's prior written consent. Any attempted assignment without such consent will be null.</p>
<h1 id="electronic-communication"><span class="header-section-number">11</span> Electronic Communication</h1>
<p>When you use the Products, or send e-mails of Feedback to MLstate, you are communicating with MLstate electronically. You consent to receive communications from MLstate electronically.</p>
<p>MLstate will communicate with you by e-mail or by posting notices on the MLstate web site. You agree that all agreements, notices, disclosures and other communications that MLstate provides to you electronically satisfy any legal requirement that such communications be in writing.</p>
<h1 id="jurisdiction"><span class="header-section-number">12</span> Jurisdiction</h1>
<p>This Agreement is governed by French Law, without regard to its conflict of laws provisions. Any dispute arising out of its interpretation, execution or termination shall be submitted to the exclusive jurisdiction of the relevant court of Paris, even for urgency proceedings or plurality of defendants. Notwithstanding this, MLstate shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.</p>
<p>You may find this agreement at https://github.com/MLstate/PEPS/blob/master/LICENSE.html in HTML form. If you have any questions regarding this Agreement, you may contact MLstate at contact@mlstate.com.</p>
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