Legal Notice

UNLESS OTHERWISE EXPRESSLY STATED BY UCit, THE PROGRAM DESCRIBED IN THIS DOCUMENT IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL UCit BE LIABLE TO ANYONE FOR SPECIAL, COLLATERAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, DATA, OR SAVINGS, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PROGRAM.

Copyright

Document Redistribution and Translation

This document is protected by copyright and you may not redistribute or translate it into another language, in part or in whole, without the express written permission of UCit.

Trademarks

OKA™ is a registered trademark of UCit in European Union.

Linux is the registered trademark of Linus Torvalds in the United States and other countries.

Firefox® and Mozilla® are trademarks or registered trademarks of the Mozilla Foundation in the United States and/or other countries.

Apple®, Mac®, Mac® OS X® and Apple® Safari® are trademarks or registered trademarks of Apple, Inc. in the United States and other countries.

Altair® PBS Professional® is a trademark of Altair Engineering, Inc.

Elasticsearch is a trademark of Elasticsearch B.V., registered in the U.S. and in other countries.

PostgreSQL is copyrighted by The PostgreSQL Global Development Group.

SLURM™ is a trademark of SchedMD LLC.

Google™ and Chrome™ are trademarks of Google Inc.

Red Hat® is a trademark of Red Hat, Inc.

Sun® and JavaScript® are registered trademarks of Oracle and/or its affiliates.

Univa® and Univa® Grid Engine® (UGE) are trademarks of Univa Corporation.

Other names mentioned in this document may be trademarks of their respective owners.

End-User License Agreement

End-User License Agreement (EULA)

For UCit Software and Solutions

Version 3.0 November 2025

UCit SAS (UCit), a company having its principal place of business at 97 rue de Freyr, 34000 Montpellier, FRANCE, hereby grants to the licensee named in the applicable order form(s) (the “Licensee”) the license set out below to use the software products accompanying this agreement (the “EULA” or the “Agreement”), on the following terms and conditions.

THIS IS A LEGAL AGREEMENT BETWEEN UCit AND Licensee

PREMISES

The Software is owned by UCit. The Software is licensed, not sold. Each party retains ownership of its copyright, patents and any other intellectual property rights.

1. LICENSE

a) Evaluation License

Subject to the terms and conditions set out below herein, UCit grants Licensee a limited, non-exclusive, non-transferable, revocable, non-sublicensable, license to use the Software for evaluation only. Unless a Perpetual or time-based license is purchased, evaluation ends one month after installation. UCit may extend this period in writing. After evaluation, Licensee must return all license files and documentation (the “Documentation”) and uninstall the Software.

b) License Grant

Subject to the terms and conditions set out below herein, UCit grants Licensee a royalty-free, non-transferable, revocable, non-sublicensable license to use the Software for internal business purposes during the term specified in the order form(s), limited to the licensed number of HPC clusters and CPU cores as outlined therein. Software copies are allowed only for backup, which must be properly marked as backup-license; copying Documentation requires UCit’s authorization. Licensee agrees to use the Software to process only Licensee’s data or legally obtained third-party data. Third-party contractors may access the Software solely to benefit Licensee and under these same terms, with Licensee responsible for any breaches. Except as stated in this Agreement, Licensee shall not permit any other party to use or access the Software.

2. RESTRICTIONS

Licensee agrees that the Software and documentation contain UCit’s trade secrets and confidential information and must not disclose them to third parties without UCit’s written consent.

Licensee shall not alter, translate, reverse engineer (unless allowed by applicable law), reproduce, copy, decompile, or disassemble the Software. The Software cannot be modified, rented, leased, loaned, assigned, sub-licensed, or resold. Licensee retains rights to intellectual property developed independently or before this Agreement, subject to confidentiality obligations.

3. OWNERSHIP OF SOFTWARE

UCit owns the Software and its accompanying Documentation. The Licensee recognizes that all rights, including industrial and intellectual property rights — such as copyright, trade secrets, patent rights, and exclusive economic exploitation — belong to UCit, along with any copies made. The Licensee is not permitted to change, remove, or edit any copyright notices, disclaimers, or credits within the Software or Documentation. Additionally, the Licensee is responsible for ensuring that the Software and Documentation are not copied without authorization.

4. AUDIT

Licensee must keep records to verify compliance with this Agreement. Upon UCit’s request, no more than once every twelve months, Licensee will provide these records and certify compliance.

5. WARRANTY

a) Limited Warranty

UCit warrants that for 30 days after delivery (the “Warranty Period”), the Software will substantially comply with UCit’s official documentation when used as directed. If this limited warranty is breached during the Warranty Period, UCit will either repair, replace, or refund the Software at its discretion. This warranty does not cover issues caused by unauthorized actions, misuse, accidents, or use with non-UCit products.

b) Disclaimer

Unless stated otherwise, Licensee accepts the Software “as is”. UCit makes no warranties — express, implied, or statutory — including merchantability, fitness for purpose, or quality. UCit does not guarantee uninterrupted, error-free operation or that defects will be corrected.

6. LIMITATION OF LIABILITY

Except for UCit’s indemnification (section 9) and confidentiality obligations (section 10), both parties’ liability for any claims or damages related to this agreement is capped at the license fee paid by the Licensee in the prior 12 months. Neither party is liable for special, consequential, incidental, or indirect damages, including lost profits, business, goodwill, data, or use of data, regardless of cause or notification of possible loss.

7. TERMINATION

Either party may terminate this Agreement for convenience or if the other defaults on any terms, including payment obligations, and fails to remedy the default within thirty (30) days of written notice. Default also includes insolvency or bankruptcy proceedings involving either party. On termination, the Licensee must promptly return or destroy all copies of the Software and certify this in writing to UCit. If UCit terminates the Agreement, a prorated refund of prepaid funds will be credited to the Licensee within thirty (30) days. Neither party is liable for damages resulting from termination.

8. GENERAL

This License Agreement is the exclusive contract regarding its subject, replacing all previous arrangements. Modifications require a signed written agreement from both parties. Assignment is not permitted without prior written consent. Notices are effective upon personal or fax delivery, or five business days after mailing or emailing, and each party must provide advance email notice. French law governs this Agreement, and disputes will be resolved in UCit’s principal jurisdiction. Only the terms herein apply to orders, overriding any conflicting terms provided by Licensee. This Agreement takes effect on the date of last signature (“Effective Date”).

9. INTELLECTUAL PROPERTY INDEMNIFICATION

Upon receiving written notice of any claim against Licensee alleging that Licensee’s licensing, possession, or use of the Software, or UCit’s Services, infringes or misappropriates any patent, copyright, trademark, trade secret, or other intellectual or proprietary rights (“Intellectual Property”) of a third party, UCit will defend, indemnify, and hold Licensee harmless. UCit will settle or defend all such claims and assume responsibility for all associated costs and fees, including attorneys’, consultants’, expert witnesses’ fees, expenses, court costs, and all direct, indirect, special, incidental, consequential, or other damages awarded by a competent court (“Indemnification”).

This right to indemnification also extends to threatened actions arising from Licensee’s possession or use of the Software within countries where UCit has expressly licensed such use. The indemnification obligation does not apply to modifications made by Licensee to the Software’s source code unless such modifications are approved by UCit.

If the Software becomes, or in UCit’s opinion is likely to become, subject to a claim of infringement or misappropriation, or is held to constitute such, UCit may, at its expense and discretion:

(a) procure for Licensee the right to continue using the Software without material loss of functionality;
(b) replace or modify the Software and/or its use such that it is non-infringing, provided Licensee finds this acceptable or it does not result in material loss of functionality; or
(c) refund the license fees paid under this Agreement for the infringing Software (plus reasonable deinstallation costs but less a rental charge equal to 1/36th of the license fee for each month of use from the delivery date), in which event this Agreement shall terminate regarding the removed Software or part thereof.

UCit will make reasonable efforts to pursue option (a) or (b) before selecting option (c). For purposes of this Section 9, “Indemnity,” “Licensee” refers to Licensee, its parent entities, subsidiaries, affiliated companies, and their respective officers, directors, employees, agents, servants, invitees, Affiliates, and Eligible Recipients.

10. CONFIDENTIALITY

For this article, “Confidential Information” refers to any financial, statistical, personnel, or other business data related to either Party’s operations, as well as any information that is clearly confidential or labeled as such by either the Licensee or UCit. This includes proprietary methods, templates, toolkits, training materials, software, tools, processes, concepts, know-how, techniques, inventions, developments, discoveries, improvements, proprietary data (including personal data), and programs belonging to the Licensee or UCit.

The Receiving Party must keep the Disclosing Party’s Confidential Information private and ensure it is not disclosed to anyone except, on a confidential basis, to its employees, contract employees, agents, consultants, subcontractors, or to the Licensee’s parents, subsidiaries, Affiliates, Eligible Recipients, and their employees or contract employees who need access due to this Agreement or to host the Receiving Party’s software, as long as these individuals are also obligated to maintain confidentiality. Reasonable efforts should be made to protect the Confidential Information—at least to the same degree the Receiving Party protects its own valuable confidential information.

Personnel from the Receiving Party must use the Confidential Information only for the purpose it was shared, and not for any other use or advantage without written approval from the Disclosing Party. Unless this Agreement specifies that the Licensee becomes the owner of the Confidential Information, all copies—written or electronic—remain the property of the Disclosing Party and should be returned or deleted upon the Disclosing Party’s written request. Electronic versions automatically backed up with other data may be kept until those backups are regularly deleted but must still be kept confidential until then. After this Agreement ends, neither Party shall use the other’s Confidential Information provided under this Agreement.

11. SUPPORT SERVICES AND UPGRADES

a) Perpetual License

The Licensee may choose to subscribe to software support for any part or all of the Software, with costs and coverage specified in the relevant order forms (these “Support Services” are described and governed by the UCit Software Standard Support Services Agreement). If the Support Services end, the Licensee still has the right and license to use the last version of the Software available before support ended. All renewal payments are due within thirty days after receiving a correct invoice.

If the Licensee cancels Support Services but wants to renew them later, they can do so by paying 125% of the current annual charge for each year missed (or a proportional amount for parts of a year) and will then receive either the latest version or back copies of all updates and materials that would have been provided during that period.

The yearly fee for Maintenance (which includes Support Services and the right to new versions and releases) will not exceed twenty percent (20%) of the net software license fee listed for Perpetual License and cannot increase by more than five percent (5%) in any one year. The Licensee may opt to renew Maintenance for additional one-year terms. At least sixty days before the current Maintenance period ends, the Licensor will send an invoice for renewal. The Licensee has thirty days to pay this invoice and extend Maintenance for another year, or if they don’t pay by the deadline, Maintenance will end. If Maintenance ends, the Licensee retains the right to use the latest pre-termination version of the Software.

b) Term Based License

A Term Based License grants the Licensee the right to use the software for a specified duration (the Term) and includes Support Services governed by the UCit Software Standard Support Services Agreement. In contrast to a perpetual license, the Licensee’s right and license to use the Software terminate upon expiration of the Support Services.

12. NO MEDIA RELEASES

No party, nor their employees or agents, may make any media releases, public statements, or disclose information about this Agreement or related projects unless both parties give prior written approval.

13. NOTICES

Any notice required by this Agreement must be in writing and delivered by facsimile or first class, certified mail (postage prepaid) to the addresses below. Notices are considered received five business days after mailing by first class mail, or the next day if sent by overnight courier. Certified mail is deemed received upon actual delivery or when the recipient is notified of its arrival. Notice should also be emailed to each Party’s primary contact. Either Party may update their address by notifying the other Party.

UCit Contact Information:

Address: 97, rue de Freyr, Le Genesis, 34000 Montpellier, FRANCE
Email: admin@ucit.fr