Software/Firmware License Agreement

This license agreement applies to all software applications, templates, models, metrics, rules and rulebase, numerical processing methods, algorithms and code developed for use or distributed by Symphony Industrial AI and all affiliates.

The software license permits an individual user to a single “in use” instance of the application on one computer system at any time. Multiple licenses for the software allow for as many copies of the software in use as licensed individuals or systems. The software is considered “in use” on a personal computer or workstation when it is loaded into the temporary RAM memory for local execution or installed into the permanent memory or storage media such as the hard disk or solid-state drive. Network-served applications, including Symphony Industrial AI cloud-hosted applications, are also considered “in use” when an individual user or system has signed in or otherwise accessed the application.

The software is owned by Symphony Industrial AI (formerly Azima DLI) and is protected by United States copyright laws and international treaty provisions. You must treat the software and documentation like any other copyrighted material such as a book or musical recording.

It is expressly understood and agreed that this License is subject to the following limitations and restrictions:

(i) Except as specified in an Order Form, Customer may not use this Software for any purpose other than Customer’s internal in-house purposes. For the avoidance of doubt, Customer may not use this Software to deliver any service to third parties, or allow the software to be used by third parties without the express written consent of Symphony Industrial AI. Application for third party use can be obtained by sending a written request to Sales@SymphonyIndustrial.AI.

(ii) Software is subject to a term license. Term License authorize the use of applications for a defined period of time, typically annual or tri-annual agreements. Perpetuity license agreements, when applicable, shall only by valid for the base version of software applications (e.g. ALERT 3.60, ALERT 4.0, ALERT 5, Balance 3.0) and require renewal upon software feature upgrade.

(iii) Customer may not distribute the Software, or any copy thereof, by transfer, lease, loan or any other means, or make it available for use by others in any manner, including without limitation by any time-sharing, service bureau or similar arrangement.

(iv) Customer shall not remove, obliterate, obscure, or conceal any proprietary notices or legends which appear on the Software, and shall reproduce such notices or legends on all copies of the Software (to the extent such copies are permitted under this License).

(v) The Software source code and all information related thereto shall remain at all times the sole property of Symphony Industrial AI. Customer may not alter, modify, adapt or create derivative works from the Software or any associated documentation without written authorization from Symphony Industrial AI. Customer may not decompile, disassemble, translate, or otherwise reverse engineer the Software, firmware, or any part thereof.

This agreement is subject to change without notice.