IMPORTANT: This Agreement (or "EULA") is a legal agreement between the person, company, or organisation that has licensed this Trial Software ("You" or "Customer") and Xpedition Limited ("the Company"), a limited company incorporated under English law with registered number 02376241 whose registered address is at 46 Worship Street, London, EC2A 2EA, United Kingdom. By Downloading or Installing and using the Trial Software, You accept the Trial Software and agree to the terms of this Agreement. Read it carefully before completing the installation process (or agreeing to the company completing the installation process) and using the Trial Software. If you do not agree to be bound by these terms, or do not have authority to bind the Customer to these terms, then do not install the Trial Software. 1. Definitions (a) "Trial Software" means the Trial Software solutions provided by the company, corresponding electronic documentation and associated media to be used for review and evaluation purposes only. Any updates to such solutions that has been provided to you by the Company shall also mean Trial Software for the purposes of this Agreement. (b) "Trial Period" a period of 30 days from the download of the Trial Software. (c) "Third Party Licenses" has the meaning ascribed to it in Section 8. 2. License Grants The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA: (a) Subject to the terms and conditions of this Agreement, the Company hereby grants, and the Customer accepts, the right and license to install and use the Trial Software on one unique domain for the Trial Period. The Trial Software may have limited features and a message indicating that the Trial Software is a trial version. (b) The Customer agrees that the Company may audit its use of the Trial Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Trial Software by the Customer other than in full compliance with the terms of this Agreement, the Customer shall reimburse the Company for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance. (c) The Customer's license rights under this EULA are non-exclusive. 3. License Restrictions Except to the extent contrary by applicable law: (a) Other than expressly set forth in Section 2, the Customer may not make or distribute copies of the Trial Software, or electronically transfer the Trial Software, including, but not limited to, from one unique domain to another. (b) The Customer may not alter, merge, adapt or translate the Trial Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Trial Software to a human-perceivable form. (c) Unless otherwise provided herein, the Customer may not rent, lease, host or sublicense the Trial Software. (d) You may not sell or transfer the Trial Software. (e) The Customer may not modify the Trial Software or create derivative works based upon the Trial Software. (f) The Customer shall not use the Trial Software to develop any application having the same or similar primary function as the Trial Software. (g) The Customer may not install or use the Trial Software on more than one (1) unique domain without purchasing separate additional licenses for each unique domain. (h) Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Trial Software, (B) download the Trial Software under more than one username, (C) alter the contents of a hard drive or computer system to remove messages indicating that the Trial Software installed is a trial version, (D) use the Trial Software for any application deployment or ultimate production purpose, or (E) use the Trial Software for a purpose other than the sole purpose of determining whether to purchase a full license, provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial Software for any commercial purpose. (i) You may not remove or obscure any copyright and trade-mark notices relating to the Trial Software. (j) In the event that you fail to comply with this EULA, the Company may terminate the license (remotely or otherwise) and you must destroy all copies of the Trial Software (with other rights of both parties and all other provisions of this EULA surviving any such termination). 4. Ownership The foregoing grants of rights give you limited license to use the Trial Software. Except as expressly provided in this Agreement, the Company retains all right, title and interest, including all copyright, patent and other intellectual property rights, in and to, the Trial Software (as an independent work and as an underlying work serving as a basis for any improvements, modifications, derivative works, and applications you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Local and International Copyrights, are reserved by the Company. 5. Support (a) During the Trial Period the Company agrees to provide you with support as follows: a. The Company will provide (i) e-mail support for product installation and configuration of current versions of the Trial Software; (ii) support for a maximum of three (3) support incidents/requests during the Trial Period. The Company will investigate submitted support incidents/requests promptly. The Customer agrees to provide adequate information to the Company to assist in the investigation and to confirm that any incidents/requests have been resolved. The Company does not provide guaranteed response time but will make a good faith effort to such requests at the earliest possible time. b. You acknowledge and agree that the support to be provided by the Company hereunder is limited to the most current version of the Trial Software. c. You acknowledge and agree that updates and upgrades to the Trial Software provided during the trial period may require an Internet connection. (b) The Company's obligation to provide support is contingent upon proper use of the Trial Software and full compliance with this Agreement. Moreover, the Company shall be under no obligation to provide support should the support be required due to (i) failure to operate the Trial Software within any recommended system requirements provided with the Trial Software; (ii) any modification or attempted modification of the Trial Software by you or any third party; or (iii) your failure or refusal to implement Trial Software changes or upgrades recommended by the Company. 6. Warranty, Disclaimer and Indemnity (a) The company provides no warranty that the Trial Software will perform in conformance with the electronic documentation available on the Company's website. (b) THE COMPANY PROVIDES THE TRIAL SOFTWARE ON AN "AS IS" BASIS AND DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. THE COMPANY DOES NOT WARRANT THAT THE TRIAL SOFTWARE) AND/OR THE INSTALLATION OF THE SOFWARE (INCLUDING INSTALLATION OF INSTALLATION OF ANY BATCH PROGRRAMS) IS ERROR-FREE, VIRUS-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE TRIAL SOFTWARE OR THE INSTALLATION OF THE TRIAL SOFTWARE IS BORNE BY YOU. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE TRIAL SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE USE AND RESULTS OBTAINED FROM THE TRIAL SOFTWARE SUBJECT THE CUSTOMER AND NOT THE COMPANY ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. (d) You agree to indemnify, hold harmless and defend the Company Entities (defined in Section 7 below) from and against any loss, damage, claims or lawsuits, including any lawyer fees that arise or result from your use or distribution of the Trial Software. 7. Limitation of Liability (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY ANY OF ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS (COLLECTIVELY THE "COMPANY ENTITITES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE TRIAL SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY 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. (b) IN ANY CASE, THE COMPANY ENTITIES TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES THE CUSTOMER PAID FOR THIS LICENSE (IF ANY) AND FEES FOR MAINTENANCE AND SUPPORT (IF ANY) OF THE PRODUCT RECEIVED BY THE COMPANY. 8. Third Party Trial Software The Trial Software may contain third party software and/or open source software, which may be subject to third party licenses and require notices and/or additional terms and conditions ("Third Party Licenses"). These Third Party Licenses are made a part of and incorporated by references into this EULA. By accepting this EULA, you are also accepting the Third Party Licenses, if any, set forth therein. If you would like to view the Third Party Licenses prior to accepting this Agreement, please contact 9. General (a) This Agreement constitutes the entire agreement between the parties concerning the subject-matter hereof. (b) The Company may update the terms of this EULA upon providing thirty (30) days written notice by e-mail to the Customer's last provided e-mail address. The updated version of this EULA will be posted on the website. The Customer's continued use of the Trial Software after the end of such thirty (30) day notice period will be deemed to be acceptance of the revised Agreement. (c) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of England. (d) Unless otherwise agreed in writing, all disputes relating to this Agreement shall be subject to final and binding arbitration of the High Court of Justice in England, by an arbitrator with experience in Trial Software license and intellectual property agreements. (e) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (f) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. (g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (h) This Agreement shall be binding on and shall inure to the benefit of the parties, their successors and permitted assigns. (i) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (j) The relationship between the Company and the Customer is that of independent contractors and neither the Customer nor its agents shall have any authority to bind the Company in any way. (k) The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning. (l) All questions concerning this EULA shall be directed to The Company at (m) Xpedition and other trade-marks contained in the Trial Software are trade-marks or registered trade-marks of Touchstone Group Plc. Third party trade-marks, trade names, product names and logos may be the trade-marks or registered trade-marks of their respective owners. You may not remove or alter any trade-mark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Trial Software. This EULA does not authorise you to use the Company and its licensors' names or any of their respective trade-marks. © Copyright 2018. Xpedition Limited