************************************************* End-User License Agreement for Sansec Copyright 2018 by Sansec All rights reserved. Applicable from: 27 June 2018. ************************************************* Disclaimer We have attempted to make this document complete, accurate, and useful, but we cannot guarantee it to be perfect. When we discover errors or omissions, or they are brought to our attention, we endeavor to correct them in succeeding releases of the product. Sansec, is not responsible for any direct or indirect damages or loss of business resulting from inaccuracies or omissions contained herein. The specification contained in this document are subject to change without notice. This is an agreement between You and Beijing Sansec Technology Development Co., Ltd. or its affiliates (¡°Sansec¡±) and governs your Use of Sansec Software. ¡°You¡± and ¡°Your¡± means the individual or legal entity licensing the Software under this EULA. ¡°Use¡± or ¡°Using¡± means to download, install, activate, access or otherwise use the Software. ¡°Software¡± means the Sansec computer programs and any Upgrades made available to You by an Approved Source and licensed to You by Sansec. ¡°Documentation¡± is the Sansec user or technical manuals, training materials, specifications or other documentation applicable to the Software and made available to You by an Approved Source. ¡°Approved Source¡± means (i) Sansec or (ii) the Sansec authorized reseller, distributor or systems integrator from whom you acquired the Software. ¡°Entitlement¡± means the license detail; including license metric, duration, and quantity provided in a product ID (PID) published on Sansec¡¯s price list, claim certificate or right to use notification. ¡°Upgrades¡± means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to the Software and backup copies thereof. 1.Acceptance of Terms. By Using the Software, You agree to be bound by the terms of the EULA. If you are entering into this EULA on behalf of an entity, you represent that you have authority to bind that entity. 2.License. Subject to payment of the applicable fees and compliance with this EULA, Sansec grants You a limited, non-exclusive and non-transferable license to Use object code versions of the Software and the Documentation solely for Your internal operations and in accordance with the Entitlement and the Documentation. Sansec licenses You the right to Use only the Software You acquire from an Approved Source. Unless contrary to applicable law, You are not licensed to Use the Software on secondhand or refurbished Sansec equipment not authorized by Sansec, or on Sansec equipment not purchased through an Approved Source. In the event that Sansec requires You to register as an end user, Your license is valid only if the registration is complete and accurate. If the Software is licensed for a specified term, Your license is valid solely for the applicable term in the Entitlement. Your right to Use the Software begins on the date the Software is made available for download or installation and continues until the end of the specified term, unless otherwise terminated in accordance with this Agreement. Sansec reserves the right to the aspects which are not covered in this document. 3.Evaluation License. If You license the Software or receive Sansec product(s) for evaluation purposes or other limited, temporary use as authorized by Sansec (¡°Evaluation Product¡±), Your Use of the Evaluation Product is only permitted for the period limited by the license key or otherwise stated by Sansec in writing. If no evaluation period is identified by the license key or in writing, then the evaluation license is valid for thirty (30) days from the date the Software or Sansec product is made available to You. You will be invoiced for the list price of the Evaluation Product if You fail to return or stop Using it by the end of the evaluation period. The Evaluation Product is licensed ¡°AS-IS¡± without support or warranty of any kind, expressed or implied. Sansec does not assume any liability arising from any use of the Evaluation Product. You may not publish any results of benchmark tests run on the Evaluation Product without first obtaining written approval from Sansec. You authorize Sansec to use any feedback or ideas You provide Sansec in connection with Your Use of the Evaluation Product. 4.Ownership. Sansec or its licensors retain ownership of all intellectual property rights in and to the Software, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to Use the Software are limited to those expressly granted by this EULA. No other rights with respect to the Software or any related intellectual property rights are granted or implied. 5.Limitations and Restrictions. You will not and will not allow a third party to: a.transfer, sublicense, or assign Your rights under this license to any other person or entity (except as expressly provided in Section 12 below), unless expressly authorized by Sansec in writing; b.modify, adapt or create derivative works of the Software or Documentation; c. reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Software, except as provided in Section 16 below; d.make the functionality of the Software available to third parties, whether as an application service provider, or on a rental, service bureau, cloud service, hosted service, or other similar basis unless expressly authorized by Sansec in writing; e.Use Software that is licensed for a specific device, whether physical or virtual, on another device, unless expressly authorized by Sansec in writing; or f.remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Software; 6.Third Party Use of Software. You may permit a third party to Use the Software licensed to You under this EULA if such Use is solely (i) on Your behalf, (ii) for Your internal operations, and (iii) in compliance with this EULA. You agree that you are liable for any breach of this EULA by that third party. 7.Limited Warranty and Disclaimer. a.Limited Warranty. Sansec warrants that the Software will substantially conform to the applicable Documentation for the longer of (i) ninety (90) days following the date the Software is made available to You for your Use or (ii) as otherwise set forth at individual Purchase Order. This warranty does not apply if the Software, Sansec product or any other equipment upon which the Software is authorized to be used: (i) has been altered, except by Sansec or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Sansec, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which the Approved Source does not receive a payment of a purchase price or license fee; or (v) has not been provided by an Approved Source. Sansec will use commercially reasonable efforts to deliver to You Software free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the Software or Your data. b.Exclusive Remedy. At Sansec¡¯s option and expense, Sansec shall repair, replace, or cause the refund of the license fees paid for the non-conforming Software. This remedy is conditioned on You reporting the non-conformance in writing to Your Approved Source within the warranty period. The Approved Source may ask You to return the Software, the Sansec product, and/or Documentation as a condition of this remedy. This Section is Your exclusive remedy under the warranty. c. Disclaimer. Except as expressly set forth above, Sansec and its licensors provide Software ¡°as is¡± and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. Sansec does not warrant that the Software will operate uninterrupted or error-free or that all errors will be corrected. In addition, Sansec does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack. 8.Limitations and Exclusions of Liability. In no event will Sansec or its licensors be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the Software or otherwise, even if a party been advised of the possibility of such damages: (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of keys/data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings. All liability of Sansec, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively, to You, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the license fees paid by You to any Approved Source for the Software that gave rise to the claim. This limitation of liability for Software is cumulative and not per incident. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law. 9.Upgrades and Additional Copies of Software. Notwithstanding any other provision of this EULA, You are not permitted to Use Upgrades unless You, at the time of acquiring such Upgrade: a.already hold a valid license to the original version of the Software, are in compliance with such license, and have paid the applicable fee for the Upgrade; and b.limit Your Use of Upgrades or copies to Use on devices You own or lease; and c.unless otherwise provided in the Documentation, make and Use additional copies solely for backup purposes, where backup is limited to archiving for restoration purposes. 10.Audit. During the license term for the Software and for a period of three (3) years after its expiration or termination, You will take reasonable steps to maintain complete and accurate records of Your use of the Software sufficient to verify compliance with this EULA. No more than once per twelve (12) month period, You will allow Sansec and its auditors the right to examine such records and any applicable books, systems (including Sansec product(s) or other equipment), and accounts, upon reasonable advanced notice, during Your normal business hours. If the audit discloses underpayment of license fees, You will pay such license fees plus the reasonable cost of the audit within forty five (45) days of receipt of written notice. 11.Term and Termination. This EULA shall remain effective until terminated or until the expiration of the applicable license or subscription term. You may terminate the EULA at any time by ceasing use of or destroying all copies of Software. This EULA will immediately terminate if You breach its terms, or if You fail to pay any portion of the applicable license fees and You fail to cure that payment breach within forty five (45) days of notice. Upon termination of this EULA, You shall destroy all copies of Software in Your possession or control. 12.Transferability. You may only transfer or assign these license rights to another person or entity with Sansec¡¯s written consent. Any attempted transfer or, assignment not in compliance with the foregoing shall be void and of no effect. 13.Export. Sansec Software, products, technology and services are subject to local and extraterritorial export control laws and regulations. You and Sansec each will comply with such laws and regulations governing use, export, re-export, and transfer of Software, products and technology and will obtain all required local and extraterritorial authorizations, permits or licenses. 16.Interoperability. To the extent required by applicable law, Sansec shall provide You with the interface information needed to achieve interoperability between the Software and another independently created program. Sansec will provide this interface information at Your written request after you pay Sansec¡¯s licensing fees (if any). You will keep this information in strict confidence and strictly follow any applicable terms and conditions upon which Sansec makes such information available. 17.Governing Law and Jurisdiction Country or Territory China Governing Law Laws of the People¡¯s Republic of China. Jurisdiction Sansec's registration jurisdiction 18.Integration. If any portion of this EULA is found to be void or unenforceable, the remaining provisions of the EULA shall remain in full force and effect. Except as expressly stated or as expressly amended in a signed agreement, the EULA constitutes the entire agreement between the parties with respect to the license of the Software and supersedes any conflicting or additional terms contained in any purchase order or elsewhere, all of which terms are excluded.