FACTONAUT END-USER LICENSE AGREEMENT These terms apply to "Factonaut" Copyright (c) 2020 by Dieter Köhler, published by Anquina GmbH BY INSTALLING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THE SOFTWARE. This Factonaut End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Anquina GmbH, Dünenweg 15, 69207 Sandhausen, GERMANY (Managing director: PD Dr. Dieter Köhler, Registration court: Mannheim, Commercial register entry: HRB 732925) for Factonaut which includes computer software and may include "online" or electronic documentation ("SOFTWARE"). 1. DEFINITIONS The definition of terms set forth in this Section, shall apply when such terms are used in this Agreement, and any amendments hereto: IMPROVEMENTS: shall mean correction of any faults. These faults are in fact very complex and may be impossible to correct within the current state of the art. It is not therefore possible for Anquina GmbH to promise any systematic corrections. Anquina GmbH undertakes to note all desirable improvements and to produce new versions improving when possible extraction faults which have been established. SPECIFICATIONS : shall mean the functional performance parameters of the Licensed Program effective on the date of this Agreement. BUGS : shall mean all serious defects preventing the normal utilisation of the computer engine, for instance, writing a file which will cause the system to hang. Correction of a bug leads to updating the Licensed Program. 2. SOFTWARE LICENSE. Subject to the provisions contained herein, Anquina GmbH grants you a limited, non-exclusive, and non-transferable license to install and use a machine-readable, object code version of this software program (the "Software") and accompanying user guide and other documentation (collectively, the "Documentation") solely for Licensee's own use. The Software under this License is provided free of charge only while it is a Trial Version. “Trial Version” means a version of the Software to be used only to review, demonstrate and evaluate the Software for an unlimited time period. The Trial Version has limited features and may lack the ability for the Licensee or other User to fully utilize the Software. If you wish to use this software with an advanced or a full feature set, a license fee is required. One or more activation keys will be provided after paying the license fee to activate a particular advanced feature set or the full feature set or to upgrade from an advanced feature set to a full feature set. This key is strictly personal and you may in no case transfer, forward, or otherwise publicize it. Duplication of an activition key is in violation of international copyright laws and you shall be held responsible. The issuing of replacement or substitute license keys is subject to Anquina GmbH's discretion. To facilitate such license code replacements, Anquina GmbH may, from time to time, provide notifications inside the software to inform Licensee of the expiration of the existing license code. Anquina GmbH grants to you a non-exclusive, non-transferable, revocable licence to: (a) install and execute the Software without an activation key on an unlimited number of computers or workstations; (b) make an unlimited number of copies of the Software, provided that all titles and trademark, copyright and restricted rights notices are reproduced on all such copies; and (c) use the Software strictly in accordance with the provisions of this Agreement. Subject to your payment of the license fee, Anquina GmbH grants you an additional license to: (d) use a single copy of the Software with the activation keys solely for your own internal business operations on a single computer for production operation or, on a temporary basis, on a backup system if such equipment is inoperative, consistent with the limitations specified or referenced in this EULA and the Documentation; You will only use the Software on a single computer, meaning that you must treat the Software "like a book." "Like a book" means that the Software may be used by any number of people and may be freely moved from one computer to another so long as no possibility exists of the Software being used at more than one computer simultaneously. More than one person at a time cannot read the same copy of a book, and this restriction applies to the Software. Anquina GmbH is pleased to offer site licenses for multiple simultaneous users. Please contact Anquina GmbH at the address below for details. Any other uses of the Program other than those granted in this EULA must be approved by Anquina GmbH's prior written consent. You acknowledge that Anquina GmbH may offer to update the Software but it is not obliged to do. Should you wish to receive information about updates please view the product website on a regular basis at "www.factonaut.com". Where a licence fee is payable by you in respect of the Software, you are not entitled to use the Software until the licence fee has been paid. In the case of payment by credit card, payment will not be deemed paid until the credit card payment has been authorised by the billing provider. 3. LIMITATIONS. You may not (1) permit other individuals to use the Software except under the terms listed above; (2) copy the Software other than as specified above; (3) rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or (4) remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Software. 4. OWNERSHIP. Title and ownership of all proprietary rights in the Software, including any copyright, patent, trade secret, trademark, trade name or other intellectual property right, will at all times remain the property of Anquina GmbH and Dieter Köhler, except for certain parts that are excluded for which Anquina GmbH or Dieter Köhler is not the exclusive copyright holder. You agree not to remove or obliterate any copyright, trademark or proprietary rights notices of Anquina GmbH or Dieter Köhler from the Software. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such content. 5. LIMITED WARRANTY AND LIABILITY While using the trial version of the Software, Anquina GmbH shall not be liable under any theory or for any damages suffered by you or any user. The entire risk as to the quality and performance of the software is borne by you. Should the software prove defective, you and not Anquina GmbH assume the entire cost of any service and repair. In addition, the security mechanisms implemented by Anquina GmbH have inherent limitations and you must determine that the software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of this agreement. You hereby acknowledge that the Software may not be uninterrupted and cannot be guaranteed error free and further acknowledge that the existence of any such errors shall not constitute a breach of this Agreement by Anquina GmbH. But Anquina GmbH shall make its best efforts to correct any bugs revealed by a licensee in a reasonable time. If the Software is a beta version, you acknowledge and agree that (i) the Software may contain errors and defects and may not function as intended or in accordance with its specifications; and (ii) you assume all risk in using the Software and agree to take due care in the installation, execution and testing of the Software on your computer system. Anquina GmbH accepts no responsibility in case some files were not accepted by the software. Anquina GmbH also cannot be held responsible for the nature or source of the files used with the software. You agree that you will not execute or install the Software on any operating system other than a Compatible operating system (OS). You acknowledge and agree that the Software may not execute correctly and may interfere with other software if executed on an operating system which is not a Compatible OS. In no event will Anquina GmbH be liable to you for any indirect, incidental, consequential, special, or punitive damages, including damages for any lost profits, arising out of your use or inability to use the Software, even if Anquina GmbH has been advised of the possibility of such damages or for any claim by any other party. Some states and countries do not allow the limitation or exclusion of liability for certain damages, so the above limitation or exclusion may not apply to you. In no event will Anquina GmbH’s liability to you or any other person for damages hereunder exceed the amount of the license fee paid by you to use the Software regardless of the form of the claim. The parties acknowledge that this limitation of liability are an essential element of the bargain between the parties, without which Anquina GmbH would not have entered into this EULA. Anquina GmbH’s pricing reflects this allocation of risk and the limitation of liability specified herein. 6. TERMINATION. This License will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the software. The obligations of you and Anquina GmbH under Sections 4 ("Ownership"), 5 ("Limited Warranty and Liability") and 6 ("Termination") hereof will survive termination of this EULA and will continue in full force and effect thereafter. 7. EXPORT CONTROL You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all German and other applicable laws and regulations. 8. AMENDING THESE TERMS Anquina GmbH may amend any of the terms of this Agreement by (a) providing written notice to you of such amendments; and/or (b) displaying such amendments or an amended copy of this Agreement to you during your installation and/or execution of the Software. Without limiting the methods by which you may accept such amended terms, you acknowledge and agree that your ongoing use of the Software after you are made aware of any amended terms to this Agreement will constitute your acceptance of such amended terms. If you do not agree to any amendments made by Anquina GmbH to the terms of this Agreement, then you must uninstall the Software from your computer and cease any further use of the Software. 9. GENERAL PROVISIONS. This License is personal to you and you agree not to assign your rights in this agreement. This EULA is governed by German laws. Any disputes, claims or controversies between the parties which arise in connection with this agreement shall be finally settled by the German Courts. If any provision of this EULA is held invalid or unenforceable for any reason, the parties agree that such invalidity will not affect the validity of the remaining provisions of this EULA, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision. This EULA constitutes the entire agreement between you and Anquina GmbH and supersedes any prior agreement, whether oral or written, relating to the subject matter of this EULA. 10. OPEN SOURCE USAGE AND DEPENDENCIES This program contains * SQLite available from the SQLite Consortium at "https://www.sqlite.org". SQLite is in the public domain. This EULA only covers this program as a whole, the parts listed above are instead governed by other licenses as indicated above. 11. CONTACT INFORMATION If you have questions concerning this EULA or need to contact Customer Service, please contact Anquina GmbH at this address: Anquina GmbH Dünenweg 15 69207 Sandhausen Germany Managing director: PD Dr. Dieter Köhler Corporate seat: Heidelberg Registration court: Mannheim Commercial register entry: HRB 732925 VAT no.: DE221357233