additional to the 4S Software Solutions End User License Agreement
IMPORTANT – PLEASE READ CAREFULLY
These Distribution Terms are an addition to 4S Software Solutions End User License Agreement (the
“Agreement”), as published on the 4S Website. The terms and conditions of the Agreement will apply to these
Distribution Terms, except for the exceptions that are explicitly stated in these Distribution Terms. The
capitalized definitions used herein are specified in Article 1 of the Agreement.
If You want to make use of the possibility to distribute the 4S Software in a CD-ROM, DVD or other similar
physical media, You will have to send an email containing Your name, address, phone number and email
address to firstname.lastname@example.org, stating Your intentions to distribute the 4S Software and defining the
applicable media. By sending such email, You explicitly agree to be bound by the Distribution Terms below as
well as any renewed versions thereof, as will be published on the 4S Website or as may be otherwise notified to
You by 4S. In the event 4S has not received such email, You will not be allowed to distribute the 4S Software. 4S
reserves the right, at its sole discretion, to deny your request to distribute. In this event, you will be notified via
email response within 30 days of receipt of your email.
1.1 As an exception to the Agreement, You are allowed to distribute the 4S Software, only for a legitimate
purpose, and under the conditions as set forth herein.
1.2 You acknowledge and agree that You are not permitted to distribute the 4S Software for any commercial
gain, including but not limited to any selling of related services or attempt to charge for the 4S Software.
1.3 You will not distribute other products or services together with 4S Software, unless You are a publisher of
computer magazines for end users and distribute the 4S Software with Your magazine(s) for free.
1.4 You will not distribute 4S Software through other media than CD-ROM or DVD, unless approved by 4S in an
explicit written communication to You.
1.5 You will acknowledge that the provisions of the Agreement must be agreed to by all end users who install
the 4S Software that You distribute.
1.6 You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation,
reverse engineering, decompiling, disassembling or hacking of the 4S Software or any part thereof. Further, You
will not make any indications about 4S’s intellectual property rights illegible.
1.7 You will not harm, misuse or bring into disrepute 4S, the 4S Software and the services of 4S, on the contrary,
You will maintain the value and reputation thereof to the best of Your abilities.
1.8 You will constantly monitor the 4S Website in order to ensure that You are distributing the latest stable
version of the 4S Software as well as that You are aware of any changes in the applicable legal documents. In
the event that You cannot agree on any changes in any applicable legal document You will immediate cease any
and all distribution of the 4S Software and, where applicable, any and all use of the 4S Software.
1.9 You will at any and all times clearly indicate that the 4S Software originates from 4S by marking the words
“Includes material from 4S Software Solutions” on the packaging material and/or on the distributed physical
medium, and will at any time comply with all further instructions provided by 4S for the distribution of the 4S
1.10 You acknowledge that these Distribution Terms do not grant You any right to use 4S Promotional Material,
including any use thereof in connection with the distribution hereunder. For the right to use 4S Online Material,
You will have to agree to and meet with the Promotional Materials Terms as published on the 4S Website.
2. General Provisions
2.1 You represent and warrant that You are authorized to agree to and meet with the terms and conditions of
these Distribution Terms. You acknowledge and agree that the Agreement will apply to these Distribution
Terms, except for the exceptions that are explicitly meant to make in these Distribution Terms.
2.2 You acknowledge and agree that Your distribution of the 4S Software will be at Your own risk and account.
You agree to indemnify, defend and hold 4S, its Affiliates and the 4S Staff harmless from and against any and all
liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out
of (a) Your distribution of the 4S Software, or (b) any breach of violation of the terms and conditions of the
Distribution Terms and the Agreement.
2.3 4S reserves the right to modify these Distribution Terms at any time. Your continued distribution of the 4S
Software shall constitute Your acceptance to be bound by the terms and conditions of the revised Distribution
Terms. 4S will not be liable in relation to any damage caused by the modification of these Distribution Terms
and/or the termination thereof.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE
RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY DOWNLOADING AND/OR
DISTRIBUTING THE 4S SOFTWARE YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND
CONDITIONS AND GRANT TO 4S THE RIGHTS SET FORTH HEREIN.
© 4S Software Solutions – November 2006.