MicroVacuum’s Software End-User License Agreement (EULA)

By installing and using the software program provided by MicroVacuum, you accept the terms and conditions of this License Agreement (“EULA”).

Likewise, if you do not accept the terms of this Agreement, do not use the software program provided by MicroVacuum.

License Agreement

MicroVacuum Ltd. (“MicroVacuum”) grants you, the Purchaser, a non-exclusive license to use the software programs included in this package, including updates which may later be provided by MicroVacuum at additional cost. This license is subject to the terms and restrictions set forth in this Agreement.

License

The software programs and the Installation Manual are protected by both Hungarian copyright law and international treaty provisions. Accordingly, these software programs and documentation remain the property of MicroVacuum Ltd. as its sole property, subject to the rights granted to you
in this License Agreement.

You may

1. Use the program with hardware system provided by MicroVacuum or hardware specifically authorized by MicroVacuum in writing.
2. Operate the data acquisition portions and data analysis portions of the programs on different computers authorized by MicroVacuum
within your facility.
3. Transfer the programs and MicroVacuum hardware from computer to computer authorized by MicroVacuum within your facility at
additional cost (Second User Software License fee).

You may not

1. Sublicense, copy, rent or lease the software programs.
2. Use this program with a hardware system not specifically authorized by MicroVacuum Ltd.
3. Modify the programs and/or hardware to defeat the authorization code security scheme.
4. Reverse engineer, decompile, or disassemble any program module or programmable logic device. Copy, use, modify or transfer the software programs or Installation Manual or any copy, in whole or in part, except as expressly provided in this Agreement.

Term

This license is effective until terminated. You may terminate it by destroying or returning the program and the Installation Manual and any copies thereof. This license will terminate if you fail to comply with any term or condition of this Agreement.

Disclaimer of Warranties

1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE MICROVACUUM SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE MICROVACUUM SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MICROVACUUM SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MICROVACUUM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MICROVACUUM SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

3. MICROVACUUM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE MICROVACUUM SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MICROVACUUM SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MICROVACUUM SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE MICROVACUUM SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE MICROVACUUM SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS MICROVACUUM SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

4. YOU FURTHER ACKNOWLEDGE THAT THE MICROVACUUM SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE MICROVACUUM SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE
SUPPORT OR WEAPONS SYSTEMS.

5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MICROVACUUM OR A MICROVACUUM AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MICROVACUUM SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MICROVACUUM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MICROVACUUM SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR
APPLICATIONS IN CONJUNCTION WITH THE MICROVACUUM SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MICROVACUUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall MicroVacuum’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Export Control

You may not use or otherwise export or re-export the MicroVacuum Software except as authorized by Hungarian law and the laws of the jurisdiction(s) in which the MicroVacuum Software was obtained. In particular, but without limitation, the MicroVacuum Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the MicroVacuum Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the MicroVacuum Software for any purposes prohibited by Hungarian law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

Governing Law

This License Agreement shall be governed by the laws of the Hungary. If any provision of this License Agreement is found void, invalid, or unenforceable, it will not affect the other terms and conditions of this Agreement, which remain valid and enforceable.