License Agreement for PMOD Analysis Tools: ------------------------------------------ PMOD Technologies LLC, Zurich, Switzerland (PMT) has the exclusive right to redistribute the PMOD software (PMOD). PMT is willing to license modules of the PMOD software according to the purchased configuration to the individual and/or business entity (YOU) under the terms of this AGREEMENT. Please read the AGREEMENT carefully. By installing the PMOD software, YOU accept the terms of this AGREEMENT. 1. PERMITTED USE: YOU may install PMOD onto a limited number of computers. Stand-alone PMOD licenses are single-user programs and therefore may only be started by a single user at any time. Network PMOD licenses may only be concurrently used as many times as client licenses have been purchased. 2. USES NOT PERMITTED: PMOD is a software FOR RESEARCH USE ONLY (RUO) and must not be used for diagnosis or treatment of patients. YOU may not rent, lease, lend or sub-license the PMOD software, related materials or your rights under this AGREEMENT. YOU may not install PMOD in a network arrangement which makes it freely accessible to the public. YOU may not alter, decompile, disassemble or reverse engineer PMOD, or make any attempt to unlock or bypass the PMOD license protection system. 3. DISCLAIMER OF WARRANTY: Unless specified in this AGREEMENT, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid. 4. LIMITATION OF LIABILITY: To the extent not prohibited by law, in no event will PMT be liable for any lost revenue, profit or data, or for special, indirect consequential, incidental or punitive damages, however caused regardless of the theory or liability, arising out of or related to the use of or inability to use the PMOD software, even if PMT has been advised of the possibility of such damages. In no event will PMT's liability to YOU, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by YOU for the PMOD software under this AGREEMENT. 5. NON-ASSIGNABILITY: The parties agree that their rights and obligations under this AGREEMENT may not be transferred or assigned to a third party without a prior written consent of the other party thereto. 6. SEVERABILITY OF PROVISIONS: In case any provision hereof should be held invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected. Any invalid or unenforceable provision shall be replaced with such new provision which will allow the parties hereto to achieve the intended result in a legally valid and effective manner. 7. COMPLIANCE WITH LAWS; EXPORT CONTROLS: By entering into this AGREEMENT, you agree to comply with all applicable laws and regulations with respect to your use of PMOD. You acknowledge and agree that PMOD and any related technical data and/or services (individually, an "Item" and, collectively, the "Items") are subject to export control, customs, economic sanctions, and anti-boycott laws, regulations, rules, and associated executive orders enacted, issued, entered, promulgated, or enforced by the United States, the European Union, Germany, the United Nations, and the country where you are located (provided such applicable local laws or regulations do not conflict with applicable regulations of the United States or the European Union) (each individually, an "Export Control Law" and, collectively, the "Export Control Laws"). By entering into this AGREEMENT, you further agree that you will comply with all applicable Export Control Laws and not provide access to PMOD or to any other Item, directly or indirectly, (1) to anyone in Cuba, Iran, North Korea, Sudan, Syria and the Crimea Region, or in any other destination that is subject to an applicable embargo (an "Embargoed Destination") or to a representative of an Embargoed Destination, (2) to anyone listed on (or owned or controlled by anyone listed on) a sanctions list issued by the United States, the European Union, or the United Nations, including, without limitation, the Specially Designated Nationals and Blocked Persons List and the Entity List (a "Sanctioned Person"), or (3) for a purpose prohibited under any Export Control Law, including the research on or development of chemical, biological or nuclear weapons, unmanned air vehicles or missiles, or nuclear explosive or fuel cycle activities (a "Prohibited End Use"). By entering into this AGREEMENT, you represent and warrant that you are not (and that none of the users accessing PMOD under this license) is or will be located in any Embargoed Destination, acting for anyone in an Embargoed Destination, or a Sanctioned Person, and that you will not use PMOD or any other Item for a Prohibited End Use, or otherwise in contravention of any applicable Export Control Law. You further represent and warrant that you will only use PMOD for peaceful, non-military purposes, unless otherwise specifically agreed to by PMT in writing. In addition to any other remedy it may have, PMT may terminate this AGREEMENT immediately and without notice, and cancel the download, activation and/or provision of PMOD, any other ITEM, and any maintenance or other customer service involving any Item if (a) PMT has not received all export-related documentation requested by PMT or (b) PMT believes that such activity may violate any Export Control Law or PMT’s own compliance policies. You shall indemnify PMT for all losses, costs, claims, damages and expenses (including attorneys’ fees and expenses) arising from your violation or alleged violation of any applicable law or regulation, including, without limitation, any Export Control Law. 8. APPLICABLE LAW: This AGREEMENT shall be subject to Swiss substantive law with the exclusion of the collision of law principles. 9. JURISDICTION: All disputes arising out or in connection with this AGREEMENT, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the ordinary courts in Zurich, Switzerland.