BY EXECUTING THIS END USER LICENSE AGREEMENT (“Agreement’), YOU (“Customer’) ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT ALLOWED TO INSTALL, RUN OR POSESS THIS SOFTWARE. Single User License Grant: Dicolab BV ('Dicolab', 'Manufacturer', and 'technology provider') and its suppliers grant to Customer ('Customer') a nonexclusive and nontransferable license to use the Dicolab software ('Software') in object code form solely on a single central processing unit owned or leased by Customer or otherwise embedded in equipment provided by Dicolab. Multiple-Users License Grant: 'Dicolab' and its appointed official suppliers grant to Customer ('Customer') a nonexclusive and nontransferable license to use the Dicolab software ('Software') in object code form: (i) installed on a single computer on a hard disk or other storage device with the maximum number of concurrent input pointing devices for which Customer has paid a license fee ('Permitted Number of Users'); or (ii) in case of a site license is in place and provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of Computers.; the latter limited to the maximum number of concurrent input pointing devices for which Customer has paid a site license fee ('Permitted Number of Users per installation'). In case of a site license, upon reasonable prior written notice and once per twelve (12) months period, Customer grants Dicolab or its independent accountants the right to examine its books, records and accounts during Customer’s normal business hours to verify compliance with the above provisions. Allowed uses: Customer may only use the programs contained in the Software (i) for which Customer has paid a license fee (or in the case of an evaluation copy, those programs Customer is authorized to evaluate) and (ii) for which Customer has received a product license key ('License Key'). In case of a free license (“free version”, “non-paid license”) the same restrictions and regulations are in place as per a paid license. In case of a site license, Customer grants to Dicolab or its independent accountants the right to examine its books, records and accounts during Customer's normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Installations and/or the permitted number of users is exceeded, Customer shall promptly pay to Dicolab the appropriate licensee fee for the additional computers or users. At Dicolab's option, Dicolab may terminate this license for failure to pay the required license fee and – if applicable- the support & maintenance fees. Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original. EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE. License keys, Upgrades and Updates: You will receive a purchase key code (“license code”) when you elect to purchase the Software from either Dicolab or an authorized reseller. The purchase key code will enable you to activate the Software for the intended use and allows Customer install it on one PC (per key code) and to use the maximum number of concurrent input pointing devices for which Customer has paid a license fee ('Permitted Number of Users”). You may not re-license, reproduce or distribute any license key code except with the express written permission of Dicolab. If the Software that you have licensed is an upgrade or an update, then the update or upgrade terminates the previously licensed copy of the Software to the extent it is being replaced. The update or upgrade and the associated license keys does not constitute the granting of a second license to the Software in that you may not use the upgrade or update copy in addition to the copy of the Software that it is replacing and whose license has terminated. Title: Title to the Software is not transferred to you. Ownership of all copies of the Software and of copies made by you is vested in Dicolab, subject to the rights of use granted to you (‘Customer’) in this Software License Agreement. As between you (‘ Customer’) and Dicolab, any documents, files, designs and other third party software results that are authored or created by you via your utilization of the Software, in accordance with its Documentation and the terms of this Software License Agreement, are your property. Reverse Engineering: Except and to the limited extent as may be otherwise specifically provided by applicable law in the Netherlands and the European Union, you may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, directly or indirectly, or disclose any of the foregoing, except to the extent you may be expressly permitted to decompile under applicable law in the Netherlands and the European Union, if it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Dicolab to provide the information necessary to achieve such operability and Dicolab has not made such information available. Dicolab has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Dicolab or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information from users in the European Union with respect to the above should be directed to the Dicolab Customer Support Department. Other Restrictions: You may not loan, rent, lease, sublicense, distribute or otherwise transfer all or any portion of the Software to third parties except to the limited extent set forth in this agreement or otherwise expressly provided. You may not copy the Software except as expressly set forth above, and any copy that you are permitted to make pursuant to this Software License Agreement must contain the same copyright, patent and other intellectual property markings that appear on or in the Software. You may not modify, adapt or translate the Software. You may not, directly or indirectly, encumber or suffer to exist any lien or security interest on the Software; knowingly take any action that would cause the Software to be placed in the public domain; or use the Software in any computer environment not specified in this Software License Agreement. You will comply with applicable law and Dicolab’s instructions regarding the use of the Software. You agree to notify your employees and agents who may have access to the Software of the restrictions contained in this Software License Agreement and to ensure their compliance with these restrictions Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Dicolab. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Dicolab. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Dicolab. Note: The proprietary core components/tools provided by Dicolab as part of the installation of the Software shall not be used by any customer to create third party applications/components that may compete with Dicolab by providing the third party consumer with the possibility to have the (embedded) component within a Customer or third party application without agreement and due payments to Dicolab. The duplication of any of the embedded Dicolab's proprietary core components is considered fraud unless you have an express authorization agreement from Dicolab. LIMITED WARRANTY: Dicolab warrants that for a period of thirty (30) days from the date of shipment from Dicolab, either by electronic download or via backup media: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of Dicolab and its suppliers under this limited warranty will be, at Dicolab or its service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer. In no event does Dicolab warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. This warranty does not apply if the software (a) has been altered, except by Dicolab, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Dicolab, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultra-hazardous activities. DISCLAIMER: EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL DICOLAB OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF DICOLAB OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Except for third party claims of infringement, in no event shall Dicolab or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Dicolab does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever. Validity: This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate upon thirty (30) days written notice from Dicolab if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software (except those copies made as part of normal backup procedures, such copies not to be accessed after termination). Software, including technical data, is subject to European Union (E.U.) export control laws, including the appropriate E.U. Export Regulations and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. This License shall be governed by and construed in accordance with the laws of the State of Texas, as if performed wholly within the State of Texas and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software. Intellectual and other property rights: Manufacturer holds the full intellectual and other property rights to the Software, the documentation and all accompanying and underlying material. There where third party copyrighted material is used, Manufacturer has acquired the rights to use that material. All intellectual property rights to the software, websites, data files, hardware or other materials such as analyses, designs, documentation, reports, quotations and related preliminary material developed or made available to Customer are and shall remain exclusively vested in the Supplier, its licensors or its own suppliers. The Customer shall only acquire those rights of use that are explicitly granted in these general terms and conditions and by law. Any rights of use granted to the Customer shall be non-exclusive, non-transferable to third parties and non-sub licensable. Originality and ownership statement: Manufacturer states fully without any withholding that the provided software is fully owned and fully proprietary of Manufacturer. The software and its underlying core components do not breach any third party rights nor are subject to any third party claims. Indemnification: Manufacturer/Supplier shall indemnify Customer against any legal claims from third parties based on the assertion that software, websites, data files, hardware or other materials developed by the Supplier itself infringe an intellectual property right of the third party in question, under the condition that the Customer notifies the Supplier immediately in writing of the existence and content of the legal claim and leaves the disposal of the case, including any settlements effected, entirely to the Supplier. To this end, the Customer shall provide the Supplier with the information and cooperation that it requires in order to defend itself, where necessary in the name of the Customer, against these legal claims. Customer shall have full right to participate in the litigation and in all settlement negotiations. Customer shall further have the right to settle any such claim without Supplier’s approval solely on Customer’s own behalf under such claim, provided that any such settlement shall be non-binding upon Supplier. This obligation to indemnify shall not apply if the alleged infringement relates to (i) materials made available to the Supplier by Customer for the purpose of use, adaptation, processing or incorporation, or (ii) changes made by Customer, or by a third party on behalf of the Client, to the software, website, data files, hardware or other materials, without the Supplier’s prior written consent. If an infringement claim threatens Customer’s continued use of the software, websites, data files, hardware or other materials delivered by Supplier under this Agreement, Supplier shall, in the following order and at no cost to Customer, (i) obtain the right for Customer to continue use of the software, websites, data files, hardware or other materials, (ii) repair or modify the software, websites, data files, hardware or other materials so they are both non-infringing and functionally and operationally equivalent as initially delivered, or (iii) provide replace¬ments which are functionally and opera¬tionally equivalent. If none of the forego¬ing is possible, then Supplier will refund all fees paid by Customer and Customer may immediately termi¬nate this Agreement. All other or further-reaching obligations to indemnify on the part of Customer shall be excluded. ------------------------------------------------------------------------------------------------------------------ Manufacturer is Dicolab BV, based in Almere, the Netherlands. Chamber of Commerce Utrecht, with registration no: 30278964 Fiscal registration, VAT no: NL821813201.B01 This End User Software License Agreement is in effect from January 2016 Signature of Customer, proving its agreement and compliance with this agreement: (to the same effect by pressing / clicking the ‘OK’ button at install time reflecting Customers agreement with the EULA)