1

Software Licence Agreement for the use of Meteonorm
I.

Subject-matter of the Agreement, Agreement parties and conclusion ofAgreementa) Subject-matter of the Agreement
1.

The subject-matter of the Agreement is the computer program Meteonorm,
Version 7.x (incl. updates) and above (hereinafter referred to as “Software”), the accompanying user documentation and the datasets and maps
produced with Meteonorm.

2.

The Software is a global climatological database combined with a weather
generator. It enables both the calculation of long-term and current monthly
average values as well as high resolution time series (e.g. hourly values)of typical years.

3.

The company Meteotest AG, Fabrikstrasse 14, 3012 Bern, Switzerland(hereinafter Meteotest) is the author of the Software. As Licensor, it distributes the Software, including the accompanying user documentation(downloadable at www.meteonorm.com). Meteotest is entitled to grantrights to use the Software.
The Software including and above Version 5.0 contains modules whichwere developed as part of the European Commission research project,
IST 1999 12245 “SoDa”. Meteotest has the right to use modules within theSoftware. Co-author of the UV-Algorithms: UMIST, Department of Physics,Manchester, UK. Co-Author of the temperature model: ENTPE, Lyon, F.
The Software including and above Version 7.3 contains modules whichwere developed in the "PUCS" project, which has received funding fromthe European Union’s H2020 Research and Innovation Programme underGrant Agreement No. 73004.

4.

The Software constituting the subject-matter of the Agreement is copyrightprotected by national laws, international conventions and specific agreements with Meteotest.

b) Agreement parties and conclusion of Agreement
5.

The Agreement is being concluded between Meteotest and the Licensee(hereinafter the “User”, collectively the “Parties”). The Agreement shallcome into force when Meteotest approves the User’s registration request
by activating the Software. Any resellers of the Software act as representatives of Meteotest.

2II.

Rights of the Usera) Right to use the Software in accordance with the Agreement
1.

The Software may be used by the User exclusively within the scope explicitly set out hereinafter. Any further rights not granted shall remain withMeteotest. By installing the Software, the User approves the licence terms.

2.

Upon the conclusion of the Agreement, the User shall receive – unlessotherwise agreed – an indefinite (subject to IV.a.1. and V. hereinafter),
non-transferable, non-exclusive right to use the Software in accordancewith the terms of the corresponding licence (SINGLE USER Licence,
MULTI USER Licence or EDUCATION Licence) in association with theuser documentation and the licence terms (hereinafter „use in accordancewith this Agreement“).

3.

The delivery of the Software and the user documentation shall take placeover the Website www.meteonorm.com or by agreement between the Parties. The choice, installation and start-up of the Software are the sole responsibility of the User.

4.

Use of the Software in accordance with this Agreement requires the installation to be carried out by the User and the Software to be activated byMeteotest. The registration necessary for this shall be made upon a corresponding request of the User. The Software shall be activated once the licence fee is paid.

b) Rights of reproduction
5.

The User may only reproduce the Software to the extent a reproduction isnecessary for use of the Software in accordance with this Agreement. The
necessary reproductions include the installation of the Software on a storage medium and the upload of the Software to the main memory.

6.

The User is further entitled to make an appropriate number of copies of theSoftware exclusively for back-up purposes. This right includes the regularmaking of back-up copies to ensure the quick recovery of data files after asystem failure. Copies of the software made for back-up purposes must bemarked accordingly and may not be used for other purposes.

7.

The user documentation may only be reproduced insofar as is necessary
for use of the Software in accordance with this Agreement.

3c) Limitations of the rights of use
8.1 With the exception of the rights of use expressly set out in these licenceterms and those provided by mandatory law, the User does not acquire
any rights in the Software and the user documentation.
The User is in particular not entitled to decompile or edit the Software itself
or through third parties without the written agreement of Meteotest (including error corrections). Copyright notices, serial numbers as well as othermarks serving to identify the software may under no circumstances be removed or changed. Likewise, the reproduction, sale, donation, exchange,lease, loan, sub-licence, transfer to third parties for any time, distribution ofand provision of access to the Software by any means are prohibited unless express written authorization has been given to the User.
8.2 Accordingly, the transfer of data generated using the Software to third parties without the written agreement of Meteotest is not allowed (subject toII.c.8.3 hereinbelow).
In particular, are not allowed (non-exhaustive list by way of example):- The direct transfer of data to third parties;- The indirect provision of access to, that is, distribution of the data bymaking available to third parties results based on the data (e.g. throughweb applications, simulation software).
Should the User want to exercise such non-authorized use, an additional
written Software Licence Agreement must first be entered into with Meteotest.
8.3 The transfer to third parties of data generated using the Software without
Meteotest’s agreement is allowed only if such transfer is directly related tothe processing of an individual, concrete legal transaction within the User’s
business operations.
An example of an authorized subsequent use of the data:- Inclusion of the specifically generated data to document an expert opinion for a Client of the User.
9.

Unless otherwise agreed, the Software may only be installed on a single
personal computer.

10. The following, integrated climatological databases may only be used in association with the Software. Third parties may not be given access to thedatabases without the agreement of the data owners (subject to II.c.8.3
hereinabove, by analogy):- Global radiation data (GEBA): Institute for Atmospheric and Climate
Science, Swiss Federal Institute of Technology, Zurich, Switzerland;- Swiss climate data: MeteoSwiss, Zurich, Switzerland;

4- Design Reference Years (DRY), Swiss Federal Laboratories for Materials Science and Technology EMPA, Dübendorf, Switzerland;- Design Reference Years (DRY), National Renewable Energy Laboratory (NREL), Golden CO, USA;
- Design Reference Years (DRY) SIA, Zurich, Switzerland.

III.

Obligations of the Usera) Obligation to pay the licence fee
1.

The User is obliged to pay a one-off licence fee for all the rights in theSoftware and the user documentation granted pursuant to this Agreementin accordance with the order form.

b) Payment modalities
2.

The payment of the licence fee can be made by credit card or advancepayment at the User’s discretion, in accordance with the information on theorder form.

c) Obligation to disclose the source3.

All data generated using the Software must include the clearly visible copyright notice “Data source Meteonorm [used Version]” in third party correspondence insofar as this is permitted, see II.c.8.1 and II.c.8.3 hereinabove.
The same applies when Software is made accessible to third parties insofar as this is permitted. The User must in such case refer to the author using the clear notice “Meteonorm a product by Meteotest”.

IV.

Waiver of defect claims and liabilitya) Waiver of defect claims
1.

Should the Software contain important (apparent or hidden) defects, Meteotest agrees to refund the User for the paid licence fee. The right to a refund is subject to the User making a written claim for sufficiently documented defects within 30 days of receiving the password to activate theSoftware. If the licence fee is refunded, the agreement shall be deemed
terminated and the User shall no longer be entitled to use the Software.

2.

Furthermore, the User shall have – to the extent legally permissible – noclaims against Meteotest should the Software contain material and/or title
defects. Meteotest provides no warranty for defect-free Software. Likewise, no claims against other persons or institutions having taken part in
the development of the Software may be made against Meteotest.

5b) Exclusion of liability

V.

3.

Meteotest relies in its services to a great extent on foreign mass data andcalculation algorithms and models. The corresponding suppliers, sources
and methods are carefully assessed and verified with regards to plausibility. Any further liability for data quality is expressly excluded. Meteotest
cannot guarantee the accuracy and completeness of the data supplied.

4.

Meteotest in particular does not accept any liability – to the extent legallypermitted – for direct or indirect damages incurred by the User as a resultof defects in the Software or which otherwise arise in connection with theuse of the Software. This exclusion of liability applies to both contractual
as well as non-contractual or quasi-contractual claims.

Duration and termination of the Agreementa) Duration
1.

Unless otherwise agreed, the duration of the right to use the Software
granted to the User is unlimited (subject to IV.a.1. and V.b.2./c.3.). Any ordinary termination by the Parties is excluded.

b) Termination for important cause
2.

Each Party is entitled to terminate the Agreement for important cause at
any time without notice. Termination for important cause shall be possible
in particular where the other Party commits a serious breach of Agreement(e.g. through an intentional use of the Software not provided for by theAgreement) and does not remedy such breach within 30 calendar days
despite a written warning.

c) Consequences of termination/duty to return
3.

VI.

The User’s rights to use the Software shall expire upon termination of thisAgreement. The User is obliged to return to Meteotest the Software anduser documentation as well as any copies made thereof immediately andof its own accord and/or to delete them from mass storage. In the case oftermination of the Agreement –no matter the cause – the User is notallowed to reclaim any licence fees already paid (subject to IV.a.1.
hereinabove).

Contract penalty
In the case of an intentional breach of contractual provisions despite a prior written warning from Meteotest, the User must pay a contract penaltyof CHF 3’000.00 per instance of breach, without prejudice to any claim
relating to performance of the Agreement (Art. 160 para. 1 SCO).

6VII.

VIII.

Applicable law and jurisdiction
1.

This Agreement and any disputes arising hereunder between the Parties,
unless mandatory provisions state otherwise, shall be exclusively subject
to Swiss law excluding the United Nations Convention on Contracts for theInternational Sale of Goods dated 11 April 1980 (CISG).

2.

To the extent no other (partially) mandatory jurisdiction is provided for, thecourts of Bern (Switzerland) shall have exclusive jurisdiction.

Final provisions and severability clausea) Entirety of Agreement
1.

This Agreement constitutes the entire and only agreement with regard to
the relationship between the Parties. Any general terms and conditions ofthe Parties do not apply.

b) Written form requirement2.

Any amendments and additions to this Agreement must be made in writing(Art. 16 SCO).

c) Place of performance3.

The place of performance for all deliveries and services of Meteotest is theplace of the registered office of Meteotest. The place of the registered office is also the place of payment for the User.

d) Severability clause
4.

Should any part of this Agreement should be or become inoperative or actionable, or should the Agreement be incomplete, this shall not affect thevalidity and applicability of the remaining provisions which must be interpreted and supplemented so as to achieve, as far as possible, the intended purpose.
Berne, October 19th 2018___________________________________________________________
Translation
This is an English translation of the German original. Only the German
language version of this Agreement is legally binding.