END USER LICENSE AGREEMENT
WarpJS BETA VERSION

V1 as of February 6, 2020

THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AND ENFORCEABLE CONTRACT 
BETWEEN YOU (THE “END USER”) AND SCALEDYNAMICS (“SCALEDYNAMICS”).

UPON THE CONDITION THAT THE END USER LAWFULLY OBTAINED THE LICENSED BETA VERSION
SOFTWARE FROM AN APPROVED SOURCE, BY CLICKING THE “ACCEPT” BUTTON, CLICKING A 
BOX INDICATING THE END USER’S ACCEPTANCE OR INSTALLING, DOWNLOADING, LOADING OR 
USING THE BETA VERSION SOFTWARE THAT IS PROVIDED WITH THIS AGREEMENT, THE END 
USER AGREES WITH THE TERMS AND CONDITIONS OF THIS EULA. 

IF THE END USER IS ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER 
LEGAL ENTITY, THE END USER REPRESENTS THAT IT HAS THE AUTHORITY TO BIND SUCH 
ENTITY TO THIS EULA.

IF THE END USER DOES NOT AGREE TO THESE TERMS, THE END USER SHALL NOT DOWNLOAD, 
INSTALL, COPY, ACCESS OR USE THE BETA VERSION SOFTWARE.

1.	Definitions

“Beta Version Software” means the SCALEDYNAMICS software made available to the 
End User in object code form by SCALEDYNAMICS with full function for testing and
beta use of the Module only and only during the Beta Period. The Beta Version 
displays the same functionalities as the SCALEDYNAMICS Software that is subject 
to a Commercial License. 

“Beta Period” means the amount of time set out in Section 12 during which the 
End User may use the Beta Version Software.

“Cloud Services” means the licensed third-party cloud services used in 
conjunction with the Service.

“Commercial License” means the then-current commercial license available for the
SCALEDYNAMICS Product, which may be use for commercial purpose or in a 
production environment.

“Confidential Information” means any and all information that a Party may 
communicate to the other Party pursuant to this EULA, in written or other 
tangible form and marked “Confidential”, “Proprietary” or collected by a Party 
pursuant to this EULA or that appears to a reasonable person to be confidential.
Confidential Information shall include but shall not be limited to any business,
commercial, technical or other information related to a Party or to the subject 
matter of this EULA (e.g. without limitation, know-how, trade secrets, 
inventions, development, present or future products, work-in-progress, future 
development, algorithms, schematics, graphical interface, designs, business 
information).

“Documentation” means the SCALEDYNAMICS-provided user manuals, training 
materials, descriptions and technical specifications, technical manuals, 
supporting materials and other information relating to the Beta Version 
Software. 

“End User Project” means the website or application developed by the End-User 
with the Module installed on its Terminal and accessible via the URL.

“End User Content” means any content including but not limited to software 
program, website, application or source code for such programs, all data, files,
databases, libraries, documents, audio and visual information, graphics, 
scripts, programs, website static assets (JavaScript files, style sheets, images
etc.), server code, that the End User creates, installs, uploads to or transfers
in or through the Service or provides in the course of using the Service. The 
End User is responsible for all End User Content that is uploaded, posted, 
transmitted, or otherwise made available through the Service.

“Feedback” means any suggestions, comments, links to blogs, articles, social 
media posts relating to SCALEDYNAMICS and feedback regarding SCALEDYNAMICS 
Software or the Service, provided free of charge to SCALEDYNAMICS by the End 
User, including but not limited to usability, bug reports and test results.

“Login Credentials” means collectively the End User ID, valid email and the 
password set or changed by the End User. 

“Module” means the SCALEDYNAMICS program to be installed, deployed or run by the
End User on the Terminal in order to access to and operate the Service.

“Open Source Software”: any software or work, including where appropriate, any 
and all modifications, derivative work, enhancements, upgrades, improvements, 
and/or fixed bugs, made to the source code of such software or work, released 
under an open-source software license or a free software license (e.g. but not 
limited to (A) GNU General Public License (GPL), (B) GNU Lesser/Library GPL 
(LGPL), (C) the Artistic License, (D) the Mozilla Public License, (E) the Common
Public License, (F) the Sun Community Source License (SCSL), (G) the Sun 
Industry Standards Source License (SISSL), (H) BSD License, (I) MIT License, (J)
Apache Software License, (K) Open SSL License, (L) IBM Public License, (M) Open 
Software License).

“Party(ies)” means individually or collectively the End User and/or 
SCALEDYNAMICS.

"SCALEDYNAMICS Product(s) or Product(s)": means individually and/or collectively
any product or service, released by SCALEDYNAMICS to be generally available for 
purchase. 

“Service”: means the service and infrastructure in a hosted environment provided
and maintained by SCALEDYNAMICS, for which a temporary access is granted to the 
End User through the use of the Beta Version Software in PaaS mode (deployment 
from a setup command line or a docker container), in accordance with the terms 
of this EULA.     

“Terminal” means the hardware lawfully owned or controlled by the End User or by
a corporation or legal entity when the End User acts on behalf of such 
corporation or legal entity (personal computer or on-premise server), device or 
system running nodejs, a browser and/or a docker with a storage system capable 
of running the Beta Version Software and accessing the Service. 

“URL” means the Service-generated-URL which identifies the End-User Project and 
makes it accessible to any third-party who are provided with the URL.

“User Account” means the account created by the End User on the SCALEDYNAMICS 
platform in order to access the Beta Version Software and/or the Service and use
their functionality and features. The End User must provide accurate and 
complete registration information and is responsible for the security of its 
password and for any use of its User account.

2.	Purpose – Beta version disclaimer

THE END USER AGREES THAT THE SOFTWARE IS A BETA VERSION OF SCALEDYNAMICS 
SOFTWARE FOR THE END USER’S UNDERSTANDING OF THE CONTENT OF SUCH PRODUCT BEFORE 
PURCHASING IT. NEITHER THE BETA VERSION SOFTWARE, NOR THE SERVICE SHALL BE USED 
IN A PRODUCTION ENVIRONMENT.

THE BETA VERSION SOFTWARE LICENSED HEREUNDER IS PROVIDED ON AN “AS IS” AND “AS 
AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. 

THE SOLE PURPOSE OF THIS BETA LICENSE IS TO OBTAIN FEEDBACK ON SCALEDYNAMICS 
SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. 

THE END-USER EXPRESSLY ACKNOWLEDGES THAT THE LICENSED BETA VERSION SOFTWARE IS A
TEST PRODUCT AND MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE 
SYSTEM MALFUNCTIONS AND OTHER FAILURES INCLUDING BUT NOT LIMITED TO SYSTEMS 
CRASHES, INTERRUPTIONS AND DATA LOSS.

THE END USER IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO 
RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA VERSION 
SOFTWARE AND/OR ACCOMPANYING MATERIALS.

In no event will SCALEDYNAMICS be obliged to provide the End User with a copy of
the commercial release version of the Beta Version Software in connection with 
the End User’s use of the Beta Version.

If the End User desires to acquire SCALEDYNAMICS Product(s), then the End User 
must obtain the then-current Commercial License(s) and pay the applicable fees.

3.	Intellectual Property Rights

SCALEDYNAMICS retains all right, title, and interest, including all copyrights, 
patents, design rights, trademarks, service marks, trade secrets, know-how, 
database rights and other rights in the nature of intellectual property rights, 
and all applications and registrations with respect thereto applying to the Beta
Version Software (the Beta Version and any future version(s) of SCALEDYNAMICS 
Software), anywhere in the world ("Intellectual Property Rights").

All Intellectual Property Rights in the Software are and will remain with 
SCALEDYNAMICS. SCALEDYNAMICS reserves any rights not expressly granted to the 
End User in this EULA.

The End User undertakes to use materials, personal data, corporate data and/or 
digital content contained in or related to the End User Content or the End User 
Project, for which it has full rights of use, permits and/or licenses.

The End User retains all its ownership rights in the End User Content and/or in 
the End-User Project.

4.	License grant - Restrictions

4.1. Licensed rights 

Subject to the terms and conditions of this EULA, SCALEDYNAMICS hereby grants to
the End User a royalty-free, worldwide, non-exclusive, non-transferable license 
(without the right to sublicense) to use the Beta Version Software and the 
Service solely for purposes of internal testing and evaluation for the Beta 
Period agreed in Section 12.

The End User is allowed to install the Module on any of Terminals.

When the End User is a corporation or another legal entity, the Beta Version 
Software and the Service can be used by an unlimited number of users within such
corporation or legal entity as long as they are granted Login Credentials.

4.2. Restrictions 

Except as otherwise specifically permitted in this EULA, the End User shall not:
-	use the Beta Version Software or the Service for any purposes other than
the development of the End User Project;
-	use the Beta Version Software or the Service in commercial operating 
and/or production environment and/or production on a personal basis;
-	modify, translate or create any derivative works of the Beta Version 
Software or Documentation;
-	work around any technical limitations in the Beta Version Software;
-	copy the Module or the Beta Version Software except as provided in this 
EULA;
-	reverse engineer, decompile, or disassemble or otherwise attempt to 
derive the source code of the Module and/or the Beta Version Software;
-	hack the Beta Software, the Service or the Cloud Services or otherwise 
attempt to unlawfully access and use other end users’URLs and End User Projects,
SCALEDYNAMICS’ PaaS cloud resources, the Cloud Services providers’ cloud 
resources and/or any other cloud resources made accessible via other end user 
projects;
-	market, redistribute, encumber, sell, rent, lease, share, sublicense the
Beta Version Software or the Service, or otherwise transfer rights to the Beta 
Version Software for any reason whatsoever;
-	remove or alter any trademark, logo, copyright or other proprietary 
notices, legends, symbols or labels in the Beta Version Software or 
Documentation; 
-	make any representations to the End User’s prospective customers which 
are not made by SCALEDYNAMICS in the EULA; or
-	use the Beta Version Software or the Service in any way that is against 
the law;
-	access the Service in order to (i) build a competitive product or 
service; or (ii) copy any ideas, features, functions or graphics of the 
Services;
-	file applications or make declarations in order to be granted 
Intellectual Property Rights for works or creations before any authority or 
office in the world, which derive, in whole or in part, from the Feedback, the 
Beta Version Software, the Service and/or the Confidential Information.

The End User is responsible for keeping its Login Credentials confidential and 
not sharing them with unauthorized users. If the End User discloses its Login 
Credentials to someone, the End User shall be responsible for damages incurred 
by SCALEDYNAMICS, the End User or any third party resulting or in connection 
with any use, disclosure, additions, deletions and modifications of such Login 
Credentials. If the End User becomes aware of any unauthorized use of its Login 
Credentials or of its User Account, the End User agrees to notify SCALEDYNAMICS 
immediately.

4.3. End User Content 

To enable SCALEDYNAMICS to provide the End-Users with the Service, the End-User 
grants SCALEDYNAMICS the right to use, process and transmit, in accordance with 
this Agreement the End-User Content for the duration of the Beta Period.

By uploading or submitting the End User Content through the Service, the End 
User hereby grants SCALEDYNAMICS a worldwide, non-exclusive, fully paid-up, 
royalty-free license to use, reproduce (including by making mechanical 
reproductions), reformat, display, process, transmit and perform the End User 
Content only in connection with the provision of the services, features and 
functionalities available on or through the Service.

The End User warrants that its End User Content is not subject to any license 
terms that would purport to SCALEDYNAMICS to comply with any additional 
obligations (including payment of royalty fees to third parties) with respect to
the provision of the Service.

The End User undertakes not to upload, download, host, display, develop, modify 
or transmit via the Beta Version Software and/or the Services any End user 
Content containing (i) any virus, Trojan horse and/or malware or spyware and/or 
(ii) any material which constitutes or encourages conduct that could be 
considered a criminal offence, give rise to civil liability, or otherwise be 
contrary to the law and/or contain any material which is defamatory, obscene or 
offensive.

4.4. URLs

At its discretion, the End User may decide to keep the URL confidential or 
disclose and share the URL with any other users of the Service or any 
third-parties in accordance with the provisions of the EULA.

The End User acknowledges that the End User Project is accessible to anyone who 
is provided with the URL.

If the End User intends to share the URL on a third-party website or platform, 
the End User undertakes to comply with applicable law and the terms and 
conditions of such third-party website or platform.

When the URL is kept confidential by the End User, SCALEDYNAMICS may request the
End User’s consent in good faith and fair dealing in order to publicly mention 
or display the End User Project on SCALEDYNAMICS’ website or any third-party 
websites or social networks and/or to display and demonstrate WarpJS features 
and capabilities.

If an URL is publicly disclosed and shared by the End User (e.g. social 
networks, IT and computer news, threads of discussion, forums, etc.), 
SCALEDYNAMICS may communicate about the End User Project on any available 
communication means.

It is expressly agreed by the Parties that SCALEDYNAMICS, is entitled to access 
and use the URLs whether kept confidential or publicly disclosed (subject to the
provisions of Section 6 “Confidentiality” for such confidential URLs) in order 
to fulfill the following purposes: (i) assess the outcome of the Service, its 
compliance with the EULA and (ii) monitor the proper functioning of the Service 
(including maintenance purposes), for the duration of the Beta Period and/or the
Commercial License. 

5.	Feedback

It is expressly understood, acknowledged and agreed that the End User shall, 
regardless of whether or not formally requested to do, provide SCALEDYNAMICS 
with Feedback free of charge. 

If the End User provides such Feedback to SCALEDYNAMICS, the End User shall 
grant SCALEDYNAMICS the following worldwide, exclusive, irrevocable, royalty 
free, fully-paid up rights for the duration of the legal protection on 
copyrights in France:
-	to modify, correct, improve and/or create derivative works of the Beta 
Version Software or provide the End User with software updates or support at 
SCALEDYNAMICS discretion;
-	to make, use, copy, modify, sell, distribute, sub-license, and create 
derivative works of the Feedback as part of any SCALEDYNAMICS Products;
-	to publicly perform or display, import, broadcast, transmit, distribute,
license, offer to sell, and sell, rent, lease or lend copies of the Feedback 
(and derivative works thereof) as part of any SCALEDYNAMICS Product;
-	to sublicense to third parties the foregoing rights, including the right
to sublicense to further third parties.

The End User warrants that its Feedback is not subject to any license terms that
would purport to SCALEDYNAMICS to comply with any additional obligations with 
respect to any SCALEDYNAMICS Products that incorporate any Feedback.

Feedback is very important for SCALEDYNAMICS and SCALEDYNAMICS thanks the End 
User for its contribution because SCALEDYNAMICS is concerned by the continuous 
improvement of its Products and the creation of a SCALEDYNAMICS End Users 
community. 

The End User shall feel free to share with SCALEDYNAMICS the links to End User’s
online content (blogs, articles, social media posts, etc.) relating to 
SCALEDYNAMICS Products.

The End-User may publish the Feedback or make public any results of benchmark 
tests run on the Beta Version Software or the Service to a third party.

6.	Confidentiality 

For the duration set out in Section 12 and for five (5) years after the 
termination of the EULA for any reason whatsoever, the End User shall keep 
confidential and shall not disclose or otherwise make available to any third 
party the Feedback, any user passwords and any Confidential Information. The End
User will use the same efforts to prevent the unauthorized disclosure of the 
Confidential Information that it uses to protect its own similar confidential 
information in compliance with current business standards. 

Each Party will use the other Party’s Confidential Information only to perform 
its obligations or exercise its rights under this EULA.

The End User acknowledges that the End User Content is hosted and run on a Cloud
Service provider storage infrastructure which has separated and dedicated 
segments for each user of the Service.

The Service back end architecture shall remain confidential and SCALEDYNAMYCS 
undertakes to keep the End User’s content confidential and warrants that such 
End User Content is not accessible to other users of the Service.

The obligations of confidentiality shall not apply to any information which (i) 
is or later becomes publicly known or available without breach of this EULA by 
the receiving Party (ii) is lawfully obtained by the receiving Party from a 
third party lawfully in possession of any or all Confidential Information and 
which is not under an obligation of confidentiality with the disclosing Party 
with respect to such information or (iii) is disclosed by the receiving Party 
pursuant to a judicial order or by operation of law but then only to the extent 
as ordered or requested.

Prior to any legally compelled disclosure (legal proceedings, subpoena or other 
similar process), the End User will, to the extent reasonably possible, give 
SCALEDYNAMICS notice and cooperate with SCALEDYNAMICS in protecting against such
disclosure and/or obtaining a protective order narrowing the scope of such 
disclosure and/or use of the Confidential Information.

If a Party becomes aware of any unauthorized use or disclosure of any 
Confidential Information of the other Party, then such Party will promptly and 
fully notify the other Party in writing of all facts relating to such 
unauthorized use or disclosure.

7.	Limited warranty

7.1.	Disclaimer of warranty

INASMUCH AS THIS AGREEMENT ALLOWS THE END USER TO EVALUATE THE BETA VERSION 
SOFTWARE WITHOUT CHARGE, THE BETA VERSION SOFTWARE AND/OR THE SERVICE ARE 
PROVIDED "AS IS”.

SCALEDYNAMICS DOES NOT GUARANTEE THE CONTINUING AVAILABILITY OF THE CLOUD 
SERVICES.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SCALEDYNAMICS EXCLUDES ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND 
NON-INFRINGEMENT.

SCALEDYNAMICS DOES NOT WARRANT AGAINST INTERFERENCE WITH THE END USER’S 
ENJOYMENT OF THE BETA VERSION SOFTWARE AND/OR THE SERVICE, THAT THE FUNCTIONS 
CONTAINED IN THE BETA VERSION SOFTWARE WILL MEET THE END USER’S REQUIREMENTS, 
THAT THE OPERATION OF THE BETA VERSION SOFTWARE WILL BE UNINTERRUPTED OR 
ERROR-FREE, THAT DEFECTS IN THE BETA VERSION SOFTWARE WILL BE CORRECTED, OR THAT
THE BETA VERSION SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY 
SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES. 

INSTALLATION OF THE MODULE OR USE OF THIS BETA VERSION SOFTWARE MAY AFFECT THE 
AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OF THE END USER
OR THIRD-PARTY SERVICES.

7.2.	No guarantee as to corrective updates or support

SCALEDYNAMICS is not obliged to provide maintenance, technical support, 
corrective measures or updates to the End User for the Module or the Beta 
Version Software. If available, support and maintenance conditions 
and/modalities shall be incorporated into a specific agreement.

The End User acknowledges that the Service may be suspended or interrupted 
without prior notice during any maintenance procedure performed by 
SCALEDYNAMICS.

However, SCALEDYNAMICS may, in its sole discretion, make available any technical
support, updates and/or supplements of the Beta Version Software and/or related 
information (“Updates”) for downloading or use, and SCALEDYNAMICS may notify the
End User of the availability of these Updates from time to time at its 
discretion. All Updates will be deemed to be included in the Beta Version 
Software and therefore governed by this EULA, unless other terms of use are 
provided by SCALEDYNAMICS with those Updates. 

It is a condition of downloading or using any Updates that the End User provides
Feedback to SCALEDYNAMICS regarding the previous pre-release versions of the 
Beta Version Software that the End User has downloaded. SCALEDYNAMICS may refuse
to make any Updates available to the End User if the End User does not comply 
with this condition. 

8.	Limited liability

The End User acknowledges and agrees that SCALEDYNAMICS has set the scope of the
license granted in Section 4.1 (on a royalty-free basis) and entered into this 
EULA upon the disclaimers of warranty and the limitation of liability set forth 
herein, that the same reflect an allocation of risk between the Parties, and 
that the same form an essential basis of the bargain between the Parties.

THE END USER ACKNOWLEDGES THAT SCALEDYNAMICS DOES NOT DIRECTLY STORE THE 
END-USER CONTENT OR THE END USER PROJECT ON SCALEDYNAMICS’ SERVERS OR DATABASES,
DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING 
THE INTERNET, AND THAT THE SERVICE AND THE CLOUD SERVICES MAY BE SUBJECT TO 
LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH 
COMMUNICATIONS FACILITIES.

SCALEDYNAMICS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, 
OPERATION OR SECURITY OF THE SERVICE (INCLUDING INTELLECTUAL PROPERTY 
INFRINGEMENT) THAT ARISE FROM THE END USER CONTENT OR THE CLOUD SERVICES.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL SCALEDYNAMICS 
BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR 
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR 
LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, THE DELETION OF OR FAILURE TO STORE
THE END USER CONTENT, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, 
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF 
OR RELATED TO THE END USER’S USE OR INABILITY TO USE THE BETA VERSION SOFTWARE, 
THE SERVICE OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS (INCLUDING THE CLOUD 
SERVICES) IN CONJUNCTION WITH THE BETA VERSION SOFTWARE, HOWEVER CAUSED, AND 
EVEN IF SCALEDYNAMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

SCALEDYNAMICS makes no representation that the Beta Version Software are 
appropriate or available for use in any particular location. The End User 
expressly acknowledges and agrees that any use of the Beta Version Software is 
done entirely at its own risk and the End User is responsible for compliance 
with any applicable laws.

SCALEDYNAMICS disclaims all warranties and liability for any damages incurred by
the End User or by any third party relating to the Beta Version Software when 
caused by: 

-	the End User’s non-compliance with the terms and provisions of the EULA;
or
-	the End User’s non-compliance with the Documentation; or
-	improper installation of the Module by the End User, misuse, mishandling
or improper maintenance of the Beta Version Software; or
-	the upload, use or display of the End User Content and/or the End User 
Project;
-	the disclosure and sharing of the URL by the End User;
-	use of the Beta Version Software in an improper or inappropriate 
operating environment which does not conform to the Documentation; or
-	use of the Beta Version Software in combination with, in connection with
or as integrated into software, hardware or equipment which is not the End 
User’s Terminal, unless such combination connection or integration has been 
expressly approved in writing by SCALEDYNAMICS; or
-	use of the Beta Version Software for a purpose other than that for which
it is intended to; or
-	a weakness, flaw or breach in the security of End User’s architecture or
system not directly and exclusively caused by the Module or the Beta Version 
Software; or
-	changes made to the Beta Version Software, including mandatory changes; 
or
-	maintenance of the Beta Version Software or support intervention by a 
third party not previously authorized by SCALEDYNAMICS; 
-	delays, interruptions and disruptions of network and/or Internet 
transmissions;
-	Any failure, delay or interruption of the Cloud Services;
-	Third party components, and/or Open Source Software;
-	Force Majeure events.

The End User agrees and acknowledges that:
-	SCALEDYNAMICS has no responsibility or liability for the deletion or 
failure to store any End User Content and other communications maintained on or 
transmitted through use of the Service;
-	The End User is solely responsible for securing and backing up any End 
User Content or End User Project or other communication that the End User may 
upload or transmit to or through the Service;
-	The End User is fully liable for its activities related to the use of 
the End User Content and/or End User Project;
-	The End User is fully liable for the risks and consequences related to 
the disclosure, sharing and transfer of the URL to third-parties;
-	The End User bears the sole responsibility for the installations and use
of third-party software in the End User Project, and SCALEDYNAMICS shall not be 
liable for any failure of the proper operation of the End User Project resulting
from such installation or use.

THE END USER SHALL INDEMNIFY AND SAVE HARMLESS SCALEDYNAMICS FROM AND AGAINST 
ANY CLAIM, DEMAND OR LEGAL ACTION ALLEGING LOSS, COSTS, EXPENSES, DAMAGES OR 
INJURIES ARISING FROM OR RELATED TO THE END USER’S USE OF THE BETA VERSION 
SOFTWARE, THE SERVICE AND THE END USER CONTENT.

9.	Third Party Components

The Beta Version Software may contain third party software or Open Source 
Software which is delivered to the End User as part of the Beta Version Software
and may not be taken out or used separately from the Beta Version Software and 
for which additional terms may be included in the Documentation. A list of the 
Open Source Software licenses applicable to certain parts of the Beta Version 
Software is available in license file. 

10.	Daily log review and consent to use of data 

10.1.	Daily log review 

The End User agrees that SCALEDYNAMICS may operate a daily log review of the End
User use of the Beta Version Software in order to detect patterns of abnormal, 
continuous or excessive use (e.g. uninterrupted-24 hour-use of SCALEDYNAMICS 
Software), or malicious activities including failed login attempts or other 
indicators of possible intrusions (“Pattern of Abnormal Use”), as long as it is 
in a form that does not collect and process personal data pertaining to the End 
User, its employees or agents.

In the event of Pattern of Abnormal Use, SCALEDYNAMICS may contact the End User 
by e-mail for additional information or to provide the End User with some 
assistance. In the absence of any response or a satisfactory response from the 
End User within 48 hours from SCALEDYNAMICS notification or if SCALEDYNAMICS 
receives a notification of invalid email address, SCALEDYNAMICS shall be 
entitled to suspend or terminate the Beta Period with immediate effect.

The End User understands and agrees that the daily log review may provide 
evidence of potential material breach of the EULA attributable to the End User 
and may cause termination under the provisions of Article 12 below.

10.2.	Consent to use of data  

The End User agrees that SCALEDYNAMICS may collect and use technical and related
information about the End User’s computer, system and peripherals, that is 
gathered periodically in order to improve its products, to facilitate the 
provision of the Beta Version Software updates and support, as long as it is in 
a form that does not personally identify the End User, its employees or agents, 
and/or to provide services or technologies to the End User.

11.	Personal data

11.1.	Personal Data processed by SCALEDYNAMICS

SCALEDYNAMICS collects information relating to an identified or identifiable 
individual (“Personal Data”) from and relating to the End User: The End User 
provides some of this Personal Data directly and SCALEDYNAMICS may collect 
Personal Data about the End User’s interactions, use, and experiences with the 
Beta Version Software.

Such Personal Data includes the End User’s name, email address and professional 
contacts. 

SCALEDYNAMICS uses Personal Data in order to (i) provide SCALEDYNAMICS Products 
or Service (which includes updating, securing, and troubleshooting), as well as 
providing support, (ii) improve and develop SCALEDYNAMICS Products or Service, 
(ii) personalize SCALEDYNAMICS Products or Service and provide analysis or 
recommendations to the End User, (iii) advertise and market to the End User, 
which includes sending promotional communications, targeting advertising, and 
presenting the End User with relevant offers from SCALEDYNAMICS or third party 
companies. 

SCALEDYNAMICS shall store Personal Data for the duration of the license set out 
in Section 12 of the EULA. From the date of termination of this agreement, 
SCALEDYNAMICS may retain Personal Data for the necessary duration to comply with
any legal or regulatory requirements (including but not limited to purposes of 
proof) which may compel SCALEDYNAMICS to (i) retain Personal Data or to (ii) 
respond to any requirements from competent authority (supervisory authority, law
enforcement agencies, etc.). If need be, SCALEDYNAMICS may retain Personal Data 
in an anonymized form.
In the event where SCALEDYNAMICS transfers Personal Data to a country for which 
the European Commission has not provided an adequacy decision, SCALEDYNAMICS 
shall provide appropriate safeguards in order to ensure the ongoing 
confidentiality and integrity of Personal Data.

The End User can control the Personal Data that SCALEDYNAMICS has obtained, and 
exercise its data protection rights granted by applicable law (access to and 
rectification or erasure of Personal Data or restriction of processing 
concerning the End User or to object to processing), by contacting SCALEDYNAMICS
by email: welcome@scaledynamics.io

If the End User objects to the abovementioned data processing, the End User may 
be required to uninstall the Beta Version Software or stop using the Service to 
stop further Personal Data collection.

The End User is hereby informed that cookies may be installed on its Terminal to
improve access to and use of the Beta Version Software and Service.

11.2.	Personal Data processed by the End User

In the event where the End User processes Personal Data in its End User Content 
or through the End User Project, such End User:
-	acts as data controller for the processing of Personal Data processed in
the End User Content or through the End User Project by the End User, since such
End User determines the purposes and means of such processing of Personal Data;
-	retains full liability for any administrative, technical or 
organizational measures that the End User may be required to undertake or 
implement under applicable data protection legislation.

12.	Term & termination

12.1.	Duration of the Beta Period

The Beta Period will commence on the date of acceptance of the EULA by the End 
User and remains in force and effect until March 2, 2020 or until the date of 
the official launch of the Commercial License, whichever occurs first.

On or before expiration or termination of the Beta Period, the End User agrees 
to either (i) enter into a Commercial License (if available) with SCALEDYNAMICS 
for continued use of the Software and Service after the expiration of the Beta 
Period under the terms of such Commercial License, or on the contrary (ii) 
promptly cease all use of SCALEDYNAMICS Software and Service by uninstalling the
Module and destroying all copies of the Module in its possession or control.

The End User is informed that the Beta Version Software has an automated system 
that will cause it to “time-out” (cease working) after the Beta Period expires. 
The End User agrees not to circumvent or defeat this system and to cease all use
of the Beta Version after the end of the Beta Period. 

The End-User shall be informed by email of (i) the date of discontinuance or the
termination of the Service seven (7) days before such date and of (ii) the date 
of the commercial launch of the Service or the availability of other 
SCALEDYNAMICS’ Products.

This EULA and all rights granted by SCALEDYNAMICS hereunder may be immediately 
terminated by either Party if the other Party has breached any terms of this 
agreement and fails to cure such breach within two (2) days of a non-breaching 
party’s notice thereof.

Notwithstanding the foregoing, SCALEDYNAMICS may immediately terminate the EULA 
in the event of Pattern(s) of Abnormal Use in accordance with the provisions of 
Section 10.1.

12.2.	Consequences of termination 

On or before the expiration of the Beta Period, the End User may chose to switch
from the Beta License to a Commercial License (free of charge) subject to the 
then-applicable terms and conditions of such Commercial License, in order to (i)
prevent the deletion of the User Account and End User Project and (ii) to resume
the use of the Services.

Unless the End User subscribes to a Commercial License (if available) before the
end of the Beta Period, upon expiration or termination of this EULA for any 
reason whatsoever, the End User shall:
-	stop using the Beta Version Software and/or the Services immediately; 
and
-	uninstall the Module; and 
-	destroy (and certify such destruction) all copies of the Module in its 
possession or control, including any accompanying Documentation and associated 
materials.

Upon expiration or termination of the Beta Period, the End User is informed and 
acknowledges that:
-	the User Account will be deleted;
-	SCALEDYNAMICS will have no obligation to maintain the End User Content 
in its databases or in the Cloud Services or to forward any such information to 
the End User or any third party;
-	SCALEDYNAMICS shall remove or overwrite all applicable End User Content 
from SCALEDYNAMICS’ systems (if any) following the effective date of 
termination, in accordance with SCALEDYNAMICS’ standard procedures.

Upon expiration or termination of this EULA, SCALEDYNAMICS may retain 
information and data about SCALEDYNAMICS Beta Software execution and performance
as long as it is in a form that does not personally identify the End User, its 
employees or agents.

Any terms of this EULA which by their nature should survive the termination of 
this EULA shall survive such termination. Termination will not limit any of 
SCALEDYNAMICS' rights or remedies at law.

The termination of this EULA creates no obligation for the End User to purchase 
a license to any SCALEDYNAMICS Products or for SCALEDYNAMICS to provide such 
license.

13.	Export controls

The End User acknowledges that SCALEDYNAMICS Software may be subject to European
Union and, when applicable US export regulations. The End User shall comply with
applicable export and import laws and regulations for the jurisdiction in which 
the Software will be imported and/or exported. The End User shall not export the
Beta Version Software to any individual, entity or country prohibited by 
applicable law or regulation. The End User is responsible, at its own expense, 
for any local government permits, licenses or approvals required for importing 
and/or exporting the Beta Version Software. 

14.	Assignment

SCALEDYNAMICS may assign, or transfer this EULA, or part thereof, and/or 
delegate, partially or totally, its rights and/or obligations hereunder, to any 
third party without consent from the End User. 

The End User shall not rent, lease, lend, sub-license, assign, transfer, 
delegate, partially or totally, any of its rights and obligations under this 
EULA (including its User Account), to any third party without the prior written 
consent of SCALEDYNAMICS.

15.	Miscellaneous

If any portion of this EULA shall be held invalid, illegal or unenforceable, the
validity, legality, and enforceability of the remainder of this EULA shall not 
in any way be affected or impaired thereby.

This EULA is the complete and exclusive statement of the agreement between 
Parties, with respect to the rights of use of the Beta Version Software, which 
supersedes all proposals or prior agreements, oral or written, and all other 
communications between the Parties, relating to this subject matter.
Nothing in this EULA will be construed as creating a joint venture, partnership 
or principal/agent relationship between the Parties.

Any translation of this EULA is done for local requirements and in the event of 
any inconsistencies between the English and non-English versions of the EULA. 
The English version of this EULA shall govern, to the extent not prohibited by 
local law in the jurisdiction of the End User.

Any delay or nonperformance of any provision of this EULA caused by Force 
Majeure events (conditions beyond the reasonable control of the performing 
Party) shall not constitute a breach of this EULA, and the time for performance 
of such provision, if any, shall be deemed to be extended for a period equal to 
the duration of the Force Majeure event preventing the performance.

SCALEDYNAMICS reserves the right to change this EULA at any time and from time 
to time to reflect changes in the applicable laws, technical or security 
requirements, or the functionality of the Beta Version Software and/or the 
Service. If SCALEDYNAMICS decides to change this EULA in the future, 
SCALEDYNAMICS will post an appropriate notice on SCALEDYNAMICS website and/or 
give reasonable advance notice to the End User through the User Account or by 
other means (e.g., via email notification). Any non-material change (such as 
clarifications) to this EULA will become effective on the date the change is 
posted. Any material changes in the EULA will be notified by email to the End 
User or with a notice displayed in the Module and the use of the Service shall 
subjected to the acceptance of the updated terms of the EULA by the End User in 
its User Account, within five (5) days from the date of the update notice. In 
the absence of such acceptance, the EULA and the Service shall be terminated in 
accordance with the provisions of Section 12.2 above. The date of the last 
update of this EULA is set out at the top of this document. The End User 
acknowledges and agrees that the End User’s continued use of the Beta Version 
Software and/or the Service after the date of changes to this EULA indicates the
End User’s agreement to such changes.

If SCALEDYNAMICS does not exercise or enforce any legal right or remedy which is
contained in the EULA (or which SCALEDYNAMICS has the benefit of under any 
applicable law), this will not be deemed a waiver of any such rights or 
remedies, and that those rights or remedies will still be available to 
SCALEDYNAMICS.

16.	Governing law and jurisdiction

This EULA is governed by the laws of FRANCE. This EULA shall not be governed by 
the United Nations Convention on Contracts for the International Sale of Goods, 
the application of which is expressly excluded.

The Parties irrevocably agree that the competent court within the jurisdiction 
of the Court of appeal of Paris, FRANCE shall have exclusive jurisdiction to 
settle any dispute or claim that arises out of or in connection with this EULA 
or its subject matter, formation or termination for any reason whatsoever 
(including non-contractual disputes or claims).

ScaleDynamics • Société par actions simplifiée • SIREN n°838 049 120
15 Rue du Chêne Germain 35510 CESSON-SEVIGNE (France) 
• www.scaledynamics.io / www.warpjs.com•
