INTERGRAL SOFTWARE END USER LICENSE AGREEMENT ("EULA") IMPORTANT: CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURSCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND INTERGRAL. BY INSTALLING AND USING THE SOFTWARE, YOU ACCEPT THE SOFTWARE AND AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS THEN DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO THE PLACE OF PURCHASE FOR A FULL REFUND. THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY INTERGRAL HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN. Definitions "INTERGRAL" means INTERGRAL Information Solutions GmbH and its licensors, if any. "Developer Version" means a version or edition of the Software to be used only for design, development and evaluation purposes. "Free Version" means a version or edition of the Software to be used only for design, development and evaluation purposes, for a time limited period. The Free Version may have limited features, and may stop operating after a given amount of time. "Trial Version" means a version or edition of the Software to be used only for review, demonstration and evaluation purposes, for a time limited period. The Trial Version may have limited features, and may stop operating after a given amount of time. "Server Version" means a version or edition of the Software that is not a Developer Version nor a Trial Version of the Software nor a Free Version of the Software. "Software" means only the INTERGRAL software and third party software programs, in each case, supplied by INTERGRAL together with this EULA, and any corresponding documentation, online or electronic documentation, printed materials, and associated media. Any updates to such Software that you are entitled to receive and that have been provided to you by INTERGRAL shall also mean Software for purposes of this Agreement. License Grant If the Software is (i) a Developer Version, (ii) a Trial Version, (iii) a Free Version, or (iv) any version of a Server Software, then subject to the terms and conditions of this Agreement, INTERGRAL hereby grants, and you accept, the right and license to install and use the Software on a single computer. A license for the Software may not be shared, installed nor used concurrently on different computers. You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. INTERGRAL reserves all intellectual property rights, including copyrights and trademark rights. Your license rights under this EULA are non-exclusive. License Restrictions Except to the extent contrary to applicable law: Other than as expressly set forth above, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. You may not alter, merge, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human- perceivable form. Unless otherwise provided herein, you may not rent, lease, or sublicense the Software. Other than with respect to a Trial Version or Free Version of the Software, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, the serial numbers, and, if applicable, all other software products provided together with the Software), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software from which you are upgrading. You may retain no copies of the Software. You may not sell or transfer any Software purchased under a volume discount. You may not sell or transfer any Trial Version or Free Version of the Software. Other than as expressly set forth above, you may not modify the Software or create derivative works based upon the Software. You shall not (A) in the aggregate, install or use more than one copy of the Trial Version of the Software, (B) download the Trial Version of the Software under more than one username, (C) alter the contents of a hard drive or computer system to enable the use of the Trial Version of the Software for an aggregate period in excess of the trial period for one license to such Trial Version, (D) disclose the results of software performance benchmarks obtained using the Trial Version to any third party without INTERGRAL's prior written consent, (E) use the Trial Version for any application deployment or ultimate production purpose, or (F) use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a Server Version or a Developer Version of the software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial Version of the Software for any commercial training purpose. You shall not use the Developer Version or the Free Version for any application deployment in a live or stand-by production environment or staging environment, in each case, including, without limitation, in any environment accessed by application end-users including but not limited to servers, workstations, kiosks, and mobile computers. You shall not access the Developer Version from more than a single IP address at any given time. You shall not use the Software to develop any application having the same primary function as the Software. You may not ship, transfer or export the Software into any country or use the Software in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. You may receive the Software in more than one language but you shall only install or use one language version. Subject to the terms and conditions of this Agreement you may not host the Software in any way. In the event that you fail to comply with this EULA, INTERGRAL may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination). Upgrades If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your EULA with respect to such prior license to the Software and that you will not continue to install or use such prior license of the Software or transfer it to another person or entity. Ownership The foregoing grants of rights give you limited license to use the Software. Except as expressly provided in this Agreement, INTERGRAL remain the owner of all right, title and interest in the Software. All rights not specifically granted in this EULA are reserved by INTERGRAL. LIMITED WARRANTY AND DISCLAIMER Except for the Trial Version and the Free Version of the Software, INTERGRAL warrants that, for a period of ninety (90) days from the date of delivery as evidenced by a copy of your receipt, the physical media on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use, and the Software will perform in substantial accordance with the Documentation when used with a recommended hardware configuration. INTERGRAL PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE TRIAL VERSION AND THE FREE VERSION OF THE SOFTWARE. THE TRIAL VERSION AND THE FREE VERSION OF THE SOFTWARE ARE PROVIDED "AS IS". EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN THE TRIAL VERSION AND THE FREE VERSION, INTERGRAL DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. INTERGRAL DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL- SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. INTERGRAL SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INTERGRAL, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. YOU HAVE ENSURED WITH THE ABOVE MENTIONED TRAIL VERSION THAT THE SOFTWARE WORKS ACCORDING TO YOUR REQUIREMENTS AND THE ADVERTISED FEATURES. INTERGRAL DISCLAIM ALL WARRANTIES FOR DEFICIENCIES THAT ARE REASONABLY DISCOVERABLE WITH THE TRIAL VERSION OF THE SOFTWARE. (USA Only) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. LIMITED REMEDY INTERGRAL's entire liability and your exclusive remedy shall be: (i)the replacement of any media not meeting our LIMITED WARRANTY which is returned to INTERGRAL or to an authorized Dealer or Distributor with a copy of your receipt and a description of the problem, or (ii)if INTERGRAL or an authorized Dealer or Distributor are unable to deliver a replacement media that is free of defects in materials or workmanship, provided that any non- compliance with the above warranty is reported in writing to INTERGRAL no more than ninety (90) days following delivery to you, you may terminate this Agreement by returning the Software and Documentation and your money will be refunded. INTERGRAL shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION. LIMITATION OF LIABILITY INTERGRAL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTERGRAL OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. INTERGRAL'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA. Confidentiality The Software contains trade secrets and proprietary know-how that belong to INTERGRAL and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS. Third Party Software Any software provided along with the Software that is associated with a separate license agreement is licensed to you under the terms of that license agreement. This license does not apply to those portions of the Software. Copies of these third party licenses are included in all copies of the Software. By accepting this EULA, you are also accepting the additional terms General Provisions This EULA is governed by the laws of Germany. Exclusive jurisdiction and place of performance is Boeblingen, Germany, as long as permitted by applicable law. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between INTERGRAL and you, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written any other communications or advertising with respect to the Software; this EULA may be modified only by written agreement signed by authorized representatives of both you and INTERGRAL. No INTERGRAL dealer or agent is authorized to make any amendment to this EULA. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. All rights not expressly granted in this agreement are retained by INTERGRAL. The failure or delay of INTERGRAL to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. All questions concerning this EULA shall be directed to: INTERGRAL Information Solutions GmbH, Schickardstrasse 32, 71034 Boeblingen, Germany. INTERGRAL and other trademarks contained in the Software are trademarks or registered trademarks of INTERGRAL Information Solutions GmbH. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use INTERGRAL's or its licensors' names or any of their respective trademarks.