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Welcome to the "Developer Preview" and "Beta" area of Partner Central!

A "Developer Preview" is a pre-release version of a 4D product and is the version before the beta release. A "Beta" release follows a "Developer Preview" and signifies that the product is entering a focused testing phase. Both "Developer Preview" and "Beta" releases are not intended for either production or development use. 4D's goal is to offer you the chance to review a new product and to give you a better understanding of future development tools that will soon be available to you.

To download the "Developer Preview" or "Beta" version for testing, please read the license agreement below carefully and click on the "I Accept" button if you agree with ALL the terms of the contract.

Thank you for your interest. If you are interested in being subscribed to the 4D beta talk list for discussion of "Developer Preview" and "Beta" products please check the box below (you only need to subscribe one time). This list is closely monitored by both the 4D Marketing and Engineering teams and is a great way for you to provide feedback.

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Warning

Do not download this software until you have read the license agreement below.

DEVELOPER PREVIEW SOFTWARE LICENSE AGREEMENT

WARNING!

You should read carefully all the terms and conditions of this Agreement between 4D SA, ("4D"), a French Societe Anonyme and you ("The LICENSEE"), before downloading and using the Software which is available on 4D's website. By pressing on the button "AGREE", you agree to be bound by all the terms and conditions of this Agreement. 4D is willing to license the Software to you only on the condition that you accept all the terms and conditions contained in this license Agreement.

1. DEFINITIONS Software:"Preliminary" version of the program temporarily named "DEVELOPER PREVIEW" and related documentation.

2. OWNERSHIP AND LICENSE:This is a license agreement and not an agreement for sale. 4D continues to own the Software contained in the package and all other copies that LICENSEE is authorized by the Agreement to make. LICENSEE's rights to use the Software are specified in this Agreement, and 4D retains all rights not expressly granted to you in this Agreement.

3. RIGHTS GRANTED:4D grants you a personal, non-exclusive, non-transferable and royalty-free license to use the Software. The Software may include one or more libraries, files or other items, for which 4D grants the LICENSEE a right of use, on the basis of the licenses given by its suppliers. LICENSEE may: a) use the Software "as is" for evaluation and test purposes only on a single computer at a time; b) make copies of the whole Software only, in machine readable form for back-up and archival purpose only, provided that LICENSEE reproduces all the proprietary notices on each copy which appear on or in the Software. LICENSEE may not: a) use the Software for production purposes; b) derive profits from the use of the Software; c) transfer or grant any kind of rights regarding the Software or any portions thereof in any form to any third party, without 4D's prior written consent; d) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy the Software or any part of the Software, except otherwise mentioned by the legislative measures in force; e) remove or alter any Software identification, proprietary notices, labels or trademarks which appear on or in the Software; f) disclose the results of any benchmark test on the Software to any third party without 4D's prior written consent; g) Use the back-up and archival copy (or allow anyone else to use such copy) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective. LICENSEE undertake to provide promptly 4D with complete reports relating all errors and bugs, being agreed that such reports shall be the sole property of 4D. 4D shall have no obligation for installation, support and maintenance of the Software.

4. DISCLAIMER OF WARRANTY & LIMITED LIABILITY:LICENCEE agrees that the Software has not been tested and may contain errors, defects, bugs, design flaws or other problems. The Software is provided "as is" without warranty of any kind, either express or implied, and owing to its experimental nature, LICENSEE is advised not to rely on the Software in a "live environment": By way of example, but not of limitation, 4D makes no representations or warranties of performance, merchantability and fitness for a particular purpose, or that the use of the Software or any information relating thereto or contained therein will not infringe any patent, copyright trade secret or trademark of any third party. 4D does not warrant that the functions contained in the Software will meet LICENSEE's requirements or that the operation will be uninterrupted or error free. 4D does not warrant that the functions nor performances of the Software will not be changed prior to the final quality assurance and release of the Software as a product. Further, 4D does not warrant in any way that it will release the Software as a product. Should the Software become a product, the execution of the corresponding license agreement is necessary to use it for production purposes. The entire risk as to the use, quality, and performance of the Software is with the LICENSEE. Should the Software prove defective, you, and neither 4D or any of its subsidiary assume the entire cost of any necessary repair. In no event, 4D will be liable for any incidental, consequential, direct or indirect damages including but not limited to the loss of data, lost of profits, or any other financial loss arising from the use of, or inability to use, even if 4D have been notified of the possibility of such damages.

5. VERIFICATION OF COMPLIANCE:LICENSEE agrees that authorized 4D representatives with little or no advance notice may verify that LICENSEE is complying with its obligations under this agreement by any mean.

6. INTELLECTUAL PROPERTY:The Software is intellectual property of 4D and/or its suppliers protected as such by French copyright law, international treaty provisions, and applicable laws of the country in which it is being used. Trademarks, logos and trade-names quoted in this Agreement, on or in the Software are the property of their respective owners. Any reproduction of the Software is only granted on the absolute condition that it contains all the legal specifications of the Software property.

7. CONFIDENTIALITY:The structure, the organization, the performances of the Software and any information clearly identified as confidential by 4D, are valuable trade secrets and confidential information of 4D and its suppliers. The LICENSEE agrees to hold these trade secrets in confidence. LICENSEE agrees that 4D retains the right to use LICENSEE's name in its advertising and promotional activities relating to the Software. This article shall be applicable after the termination of the License Agreement, unless prior written agreement between the parties. 8. TERM & TERMINATION This license is effective from the date LICENSEE receives the Software and shall remain in force for a term of 3 months. Each party may terminate this license at anytime without cause upon written notice. This termination shall not relieve the LICENSEE from its liability to respect all the obligations claimable before the termination date. The Agreement and the license granted hereunder shall automatically terminate at 4D's sole discretion if LICENSEE is in breach of this Agreement. This termination shall not prevent 4D from claiming any further damages. Upon termination for any reason, the LICENSEE shall destroy or return the Software to 4D, any copy made partial or whole in its possession. Upon termination for any reason, the LICENSEE shall certify by means of a written document duly signed by a legal representative that the provisions of the present article have been respected, and this within a time limit of eight (8) days as from the date of termination.

9. MISCELLANEOUS:LICENSEE shall not directly or indirectly transfer the Software to any country to which such transfer would be prohibited by any applicable export control laws. No change or modification to this Agreement will be valid unless it is in writing and is signed by a duly authorized representative of each party. If any provision of this Agreement is held to be unenforceable, the remainder of this Agreement shall continue in full force and effect. The waiver by 4D of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default. This is the entire agreement between 4D and LICENSEE relating to the contents of the Software and supersedes any other communications with respect to the Software.

The relationship between 4D and the LICENSEE is that of LICENSOR/LICENSEE. In all matters regarding to the present Agreement, the LICENSEE shall act as an independent contractor.

This Agreement will be governed by the laws in force in the country/state where 4D SA or the local 4D SA subsidiary or distributor is located. Any dispute, controversy or claim arising out of or related to this Agreement shall be settled by adjudication before the competent courts of the country / state where LICENSEE has obtained this Software. In the United States, LICENSEE consents to personal jurisdiction in California. Venue shall be in Santa Clara County, California.

LICENSEE ACKNOWLEDGES TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT PRINTED ABOVE. Should LICENSEE have any questions concerning this Agreement or wish to request any information from 4D SA, please contact 4D SA (33) (0)1 40 87 92 00 (e-mail: info@4d.fr) or the local 4D SA subsidiary serving your country.Notice to United States Government end-users: Use, duplication or disclosure by the US Government is subject to restrictions stated in paragraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.

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