These HSO Innovation AG SaaS Customer Terms (“SaaS Terms”) form the basis for the HSO Innovation AG Customer Agreement (“Agreement”) governing a HSO Innovation AG Software Solution as a Service Product (hereafter the “Software Solution”), supplied to Customer or Licensee (“Customer”) by HSO Innovation AG (“HSO”) or a HSO Innovation Partner (“Partner“). The Agreement consists of: Important By installing, having installed, or using the Software Solution and service, Customer accepts these SaaS Terms. If Customer does not accept them, do not install, have installed or use the Software Solution. If Customer complies with these SaaS Terms, Customer has the rights as described below in Section 3. If an individual uses the Software Solution on behalf of a company or other legal entity, that individual represents that he or she has the authority to bind that entity to the use of the Software Solution. Scope of these HSO Innovation AG Customer Terms HSO holds and controls certain software programs entitled the "Software Solution". The Software Solution includes proprietary rights in certain valuable trade names, trademarks, and computer programs. The provisions of these SaaS Terms apply to the provision of the Software Solution by or via HSO Innovation AG, a limited liability company with statutory seat in Zurich, Switzerland, registered with the chamber of commerce (Handelsregister) Zürich under number CH-020.3.912.757-2, of services under the name or in the field of Software as a Service (hereinafter: the SaaS). In this respect, the SaaS entails a service by which HSO makes the Software Solution available to the Customer remotely through the Internet or another data network, and maintains this availability remotely, without providing a physical carrier with the software concerned to the customer. Definitions Terms defined in this Section 2, and parenthetically elsewhere, shall throughout these SaaS Terms have the meanings here and there provided. Defined terms may be used in the singular or plural. The words below are agreed to mean as follows: Usage rights and limitations Intellectual property rights - infringement Product support and product lifecycle support Maintenance time and service level agreement, services of third parties Confidential information Customer Data Limitation of warranty and liability - disclaimer HSO’s total liability due to an attributable failure in the performance of an obligation under the Customer Order Form or on any other legal basis whatsoever, expressly including each and every failure to fulfill a warranty obligation agreed with the customer, shall be limited to compensation for direct loss up to a maximum of the price stipulated for the order form or related quotation concerned (excluding VAT, discounts and third-party costs). If the Customer Order Form mainly concerns a continuing performance obligation with a term of more than one year, the price stipulated for that Customer Order Form shall be set at the total amount of the payments (excluding VAT, discounts and third-party costs) stipulated for one year. HSO’s total liability for direct loss, on any legal basis whatsoever, shall never amount to more than 12 months subscription fees. Commencement of the SaaS, Subscription renewal, term, and termination Miscellaneous