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Terms of Use

Innoactive Hub Client End User Licensing Agreement (“EULA”) (Version 31/08/2017) Copyright (c) 2017-2017 Innoactive GmbH, 80802 Munich, Germany This EULA constitutes a binding legal agreement between you, the end user (referred to herein by the words “you”, “your”, “yours”, and their derivatives) and Innoactive GmbH (referred to herein as the “Company” or with words such as “we”, “us”, “our” and their derivatives). You and Company hereinafter jointly referred to as “parties”. The product subject to this license is referred to herein as “Innoactive App”. The terms contained in this EULA (“Terms”) govern your right to obtain access and make use of our Innoactive Hub Client and/ or accessing or using any content or information provided by or in the Innoactive App. 1. DESCRIPTION AND USE OF THE APPLICATION. “Innoactive App” refers to our mixed reality software client, which an end user may download to a compatible electronic device, such as a PC, smartphone or tablet computer (“Device”). The Innoactive Hub Client contains content delivery servers (“Innoactive Hub Backend”), hosted and managed by us, through which we manage and store Third Party Content, as defined in Section 5 herein, and any other information and data (“Content”) that is to be delivered to the Device based on the location of each person, place or thing recognized by the Innoactive App. Company may deliver or display advertisements, marketing, or promotional materials through the Innoactive App. These materials are subject to be removed or changed, without prior written notice to you. We may place advertising, marketing and promotional materials (“Materials”) within the Innoactive App. Company shall not be held responsible or liable for the Materials and/or the content, information, products or services offered or provided by these Materials. At our sole discretion and without giving you prior notice, we reserve the right to modify, disable, or remove, all or any portions of the Innoactive App, including but not limited to its functionalities, design and Content provided. The right to provide you with updates, upgrades and/or support for the Innoactive Hub Client or any of the Content contained therein or, to limit your access of the Innoactive App, is at our complete and sole discretion. 2. LICENSE GRANT. Subject to the Terms contained herein, we grant you a personal, revocable, worldwide, non-sublicensable, non-transferable, non-exclusive, non-assignable, royalty free, single user license, to (a) download and install 1 (one) copy of the Innoactive Hub Client to your Device, and (b) access, perform, display and use the Innoactive Hub Client on your Device. 3. RESTRICTIONS. You may not: (a) copy, modify or distribute the Innoactive Hub Client for any purpose; (b) transfer, sublicense, lease, sell, lend, rent or otherwise distribute the Innoactive Hub Client to any third party; (c) decompile, reverse-engineer, disassemble, or create derivative works of the Innoactive App; (d) make any features or functionalities of the Innoactive Hub Client available to multiple users through any © 2017-2017 Innoactive GmbH • www.Innoactive.de • email: info@Innoactive.de All information contained in this document is confidential and proprietary. Page 1 of 5 means; or (e) use the Innoactive Hub Client in any illegal manner, for any illegal purpose, or in any manner inconsistent with or in violation of these Terms. 4. PRIVACY. Any personal information that you may provide us with shall be subject to and governed by our Privacy Policy found under the following link: http://www.Innoactive.de/pdf/Innoactive_Privacy_Policy.pdf. The Privacy Policy is subject to changes without giving you a prior notice. 5. THIRD PARTY CONTENT. “Third Party Content” means any third party text, images, audio, video, any other content and data and, links to third party data, websites, resources, products, offerings, and services that we display in the Innoactive Hub Client through the Innoactive/Innoactive cloud. We assume no responsibility for Third Party Content, and you agree to use or access any Third Party Content at your sole responsibility and to assume all risk. Company shall not be held liable for (a) the availability, accuracy, quality, or reliability of any Third Party Content; or (b) the information, products or services available through or on that Third Party Content. 6. OWNERSHIP. Company and its third party licensors are the sole and exclusive owners of all rights, title and interest in and to the Innoactive App, including but not limited to all copyrights, trademarks, patent rights and all other intellectual property rights therein or related thereto. Any rights not expressly granted to you herein are hereby reserved by Company. You may not alter, remove or obscure any copyright, trademark or any other proprietary rights notices incorporated into the Innoactive App. 7. TERMINATION. The license granted herein is effective until terminated by either party. You may terminate this EULA by ceasing your use of and deleting the Innoactive Hub Client from your Device. Company may suspend, terminate or disable your access to the Innoactive Hub Client at any time, at Company’s sole discretion and without prior notice to you. Company will not be liable to you or any third party for terminating your access or use of the Innoactive App. Suspension or termination will not affect any of your obligations under this EULA (including, but not limited to, ownership, confidentiality, indemnification and limitation of liability sections). Upon termination of this EULA, you shall cease all use and delete all copies of the Innoactive App. © 2017-2017 Innoactive GmbH • www.Innoactive.de • email: info@Innoactive.de All information contained in this document is confidential and proprietary. Page 2 of 5 8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE INNOACTIVE HUB CLIENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE INNOACTIVE HUB CLIENT AND ANY SERVICES PERFORMED OR PROVIDED BY THE INNOACTIVE HUB CLIENT ("SERVICES") ARE PROVIDED “FOR FREE”, “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE INNOACTIVE HUB CLIENT AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INNOACTIVE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE INNOACTIVE HUB CLIENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE INNOACTIVE HUB CLIENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE INNOACTIVE HUB CLIENT OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE INNOACTIVE HUB CLIENT OR SERVICES PROVE DEFECTIVE, COMPANY SHALL HAVE NO OBLIGATION TO BUG FIX, UPGRADE OR UPDATE THE INNOACTIVE APP, OR PROVIDE ANY SERVICE, REPAIR, OR CORRECT ANY DEFECTS, OR BE LIABLE FOR ANY COSTS INCURRED BY CUSTOMER TO BUG FIX, UPGRADE OR UPDATE THE INNOACTIVE APP, OR TO SERVICE, REPAIR, OR CORRECT ANY DEFECT. IN NO EVENT SHALL COMPANY BE LIABLE FOR INJURY OR DAMAGE TO BUSINESS, LOST PROFITS, REVENUES OR GOODWILL OF ANY PARTY HERETO, OR FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, OR OTHERWISE, EVEN IF IT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. INDEMNITY. You agree to indemnify, defend and hold Company, its subsidiaries and affiliates and each of its respective officers, directors and employees harmless from and against any and all claims, demands, causes of action, losses, liabilities, damages, costs and expenses, incurred or otherwise suffered by Company (including but not limited to attorney’s fees) arising out of, resulting from or in connection with your access to or use of the Innoactive Hub Client and/or for any breach or violation of the Terms of this EULA. 10. CONFIDENTIALITY. You agree to hold in confidence and not use or disclose any materials or information disclosed by us that are confidential or proprietary (“Confidential Information”). You shall treat all Confidential Information with at least the same degree of care you use to prevent unauthorized disclosure or use of your own Confidential Information, but in no event less than reasonable care. Confidential Information will not include information that: (i) is now or thereafter becomes generally known or available to the public, through no act or omission on your behalf, (ii) is expressly revealed by Company on a non-confidential basis, (iii) was known by you prior to receiving such information, or (iv) is rightfully acquired by you from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure (v) is © 2017-2017 Innoactive GmbH • www.Innoactive.de • email: info@Innoactive.de All information contained in this document is confidential and proprietary. Page 3 of 5 8. independently developed by you without breach of any of these Terms (vi) is disclosed in response to a valid order of a court or other governmental body. The burden of proof for the existence of any of the above exceptions shall be borne by you. 11. THIRD PARTY SOFTWARE. The Innoactive Hub Client may use or be integrated by third party software, which requires additional terms and conditions. Such third party software additional terms and conditions, listed and identified in the Master List of Third Party Software (TPS) Licenses at http://www.Innoactive.de/legal.html, are part of and incorporated into this Agreement. By accepting this Agreement, you are also accepting the additional terms and conditions set forth herein. Company will not warranty, indemnify or otherwise be held liable for any third party software. 12. ENTIRE AGREEMENT. This EULA, our Privacy Policy and any third party software additional terms and conditions contained herein, constitute the entire agreement between the parties and supersedes all communications, negotiations, arrangements and agreements, whether oral or written, between the parties with respect to the subject matter of this EULA. 13. EXPORT RESTRICTIONS. You may not use or otherwise export or re-export the Innoactive Hub Client except as authorized by United States and German law and the laws of the jurisdiction in which the Innoactive Hub Client was obtained. In particular, but without limitation, the Innoactive Hub Client may not be exported or re-exported (a) into any U.S., EU, or UN 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 Innoactive App, 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 these products for any purposes prohibited by United States, German or EU law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. 14. COMMERCIAL ITEMS. For U.S. customers, the Innoactive Hub Client and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 15. GENERAL. You may not assign or transfer the EULA, the license granted hereunder, or any other rights or obligations herein, without our prior written consent. Any attempts to assign or transfer in violation of the foregoing will be void. © 2017-2017 Innoactive GmbH • www.Innoactive.de • email: info@Innoactive.de All information contained in this document is confidential and proprietary. Page 4 of 5 Any notices, comments, questions or complaints regarding the Innoactive Hub Client should be sent to: Innoactive GmbH info@Innoactive.de © 2017-2017 Innoactive GmbH • www.Innoactive.de • email: info@Innoactive.de All information contained in this document is confidential and proprietary. Page 5 of 5

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