End-User License Agreement for MESCIUS ComponentOne Software

IMPORTANT: READ CAREFULLYThis End User License Agreement (this “EULA”) contains the terms and conditions that govern Your useof MESCIUS inc. (“MESCIUS”)(formerly known as GrapeCity, Inc.) ComponentOne SOFTWARE enclosed
or otherwise accompanied herewith (individually and collectively, the “SOFTWARE”) (as defined below)
and imposes material limitations on Your License. You should read this EULA carefully and treat it asvaluable property.

I. THIS EULA
1. This EULA is a Legally Binding Agreement between You and MESCIUS. By signifying Your
acceptance of the terms of this EULA, You intend to be, and hereby are, legally bound to this
EULA to the same extent as if MESCIUS and You physically signed this EULA. By installing,
copying, or otherwise using the SOFTWARE, You agree to be bound by all the terms andconditions of this EULA. If You are acting as an agent of a company or another legal person, suchas an officer or other employee acting for Your employer, then “You” and “Your” mean Your
principal, the entity or other legal person for whom You are acting. However, importantly, even
if You are acting as an agent for another, You may still be personally liable for violation offederal and State laws, such as copyright infringement.
2. If You do not agree to all of such terms and conditions, You may not install or use the
SOFTWARE. If You do not agree with any of the terms herewith and, for whatever reason,
installation has begun or has been completed, You should cancel installation or un-install the
SOFTWARE, as the case may be. Furthermore, You should promptly return the SOFTWARE to theplace of business from which You obtained it in accordance with any return policies of suchplace of business.

II. DEFINITIONS
The following terms have the respective meanings as used in this EULA:
1. “Affiliate” means an entity, institution, or organization that is controlled by, or under common
control with another entity, institution, or organization, with at least majority ownership.
2. “Application/Developed Software” means software products that are developed through or by
the use of the SOFTWARE.
3. “Authorized User/Team Member” means You and Your employees and independent contractors(excluding any outsourcer, facilities management providers or application service provider.)4. “Design-Time” means the time during which you create the application in the development
environment.
5. “Developed Web Server Software” means those Developed Software products that reside
logically or physically on at least one (1) Web Server and are operated (meaning the computer
Software instruction set is carried out) by the Web Server’s central processing unit(s) (CPU).

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EULA November 2023 Update6. “Developer Seat Basis” means that each Developer using or otherwise accessing the
programmatic interface or the SOFTWARE must obtain the right to do so by purchasing aseparate License.
7. “Developer” means a human being or any other automated device using the SOFTWARE in
accordance with the terms and conditions of this EULA.
8. “Distribution Key” means the serial key assigned for the distribution of Your developed
software.
9. “Documentation” means help files, samples, databases, and images; anything provided to You
for use with or in conjunction with the SOFTWARE.
10. “Network Server Basis” means that you may perform a single install of the SOFTWARE for use in
the development and deployment of a Web-based Application and/or Report Definition files ona single Network Server.
11. “Network Server” means a computer with one or more computer central processing units(CPU’s) that operates for the purpose of serving other computers logically or physicallyconnected to it, including, but not limited to, other computers connected to it on an internal
network, intranet or the Internet.
12. “Object Code” set of instruction codes that is understood by a computer at the lowest hardware
level.
13. “Online or Electronic Documentation” means data, data engines, images; updates and upgrades
anything provided to You for use with or in conjunction with the SOFTWARE.
14. “Open Source Software” means open source components embedded in the SOFTWARE andprovided under the associated license terms, including, but not limited to, the BSD license , MIT
License, and Apache License, which can be found in the LICENSE.txt file provided with the
SOFTWARE.
15. “Redistributable Files” means the SOFTWARE files or other portions of the SOFTWARE that areprovided by MESCIUS and are identified as such in the Documentation for distribution by You
with the Developed Software.
16. “Resellers and Distributors” means a MESCIUS authorized partner.
17. “Run-Time” means a time when You interact with the application the same way a user would.
You can view code, but you cannot change it.
18. “Serial Key” means a set of unique characters associated with the activation of the SOFTWARE.
19. “Site” means the single physical location that corresponds to a single physical mailing address ofthe server, where Your developed software resides.
20. “SOFTWARE” shall include, to the extent provided by MESCIUS, (1) any data, image or
executable files, databases, data engines, computer software, or similar items customarily usedor distributed with computer software products; (2) any revisions, updates and/or upgrades
thereto; (3) anything in any form whatsoever intended to be used with or in conjunction
therewith; and 4) any associated media, documentation (including physical, electronic andonline) and printed materials (the “Documentation”).
21. “Source Code” shall mean computer Software code or programs in human readable format,
such as a printed listing of a program written in a high-level computer language. The term
“Source Code” includes, but is not limited to, documents and materials in support of thedevelopment of the SOFTWARE, such as flow charts, pseudo code and program notes.

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EULA November 2023 Update22. “Team” shall mean the development group comprised of five (5) or less developers that arelicensed to use the SOFTWARE pursuant to the terms of this EULA.
23. “UPDATE” means a revision to the SOFTWARE or improvement to the functionality of the
SOFTWARE, and may contain new features or enhancement.
24. “UPGRADE” means a subsequent version of the SOFTWARE that MESCIUS designates as a newrelease and makes commercially available.
25. “Web Server” means a type of Network Server that serves other computers which, arespecifically connected to it through either an intranet or the Internet.

III. GRANT OF LICENSE AND LIMITATIONS
The following section applies to all individual software product types and versions referenced herein.
1. General Grant. Subject to the terms and conditions of this EULA, You are hereby granted alimited, royalty-free, non-exclusive right to install and use the SOFTWARE in a mannerconsistent with its documentation and the license purchased by You.

a. Standard Developer License. This section applies only to a Standard Developer License.
Subject to the terms and conditions of this EULA, You are granted a royalty-free license
to use the SOFTWARE on a Developer Seat Basis for a perpetual term.
License to Develop. Subject to the terms and conditions of this EULA, You are licensed
to perform an installation of the SOFTWARE for an unlimited use in designing, testing
and creating Developed Software by a single Developer on one or more computers,
each with a single set of input devices, so long as (i) such computer/computers is/areused only by one (1) Developer at any given time and not concurrently and, (ii) the user
is the Primary User to whom the license has been granted. If MESCIUS determines thatthe number of Developers using the SOFTWARE exceeds the number of Developer
Licenses that You purchased, You shall immediately pay MESCIUS the applicable fees to
add the additional seats.
License to Distribute. You are licensed to distribute Your Developed Software on aroyalty-free basis at unlimited sites or deploy to the cloud, provided that the Developed
Software incorporates the SOFTWARE as an integral part in a machine-language
compiled format (customarily an “.exe”, or “.dll”, etc.).
The Developer License granted under this EULA may be limited to a specified number ofdays after You first install the SOFTWARE, unless You supply information required toactivate Your licensed copy, as the case may be, within the time and the manner
described during the SOFTWARE setup sequence and/or in the dialog boxes appearing
during use of the SOFTWARE.
The following limitations to your Standard Developer License shall apply:

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EULA November 2023 Update

i. You are not licensed to install or use the SOFTWARE on a computer that is a
network server or a computer at which the SOFTWARE is used by more than one(1) Developer.
ii. You are not licensed to add or transfer the SOFTWARE serial number to thecomputer where the Developed Software is installed.
iii. You may not share the component parts of the SOFTWARE licensed to You withother Developers, nor may You allow the use and/or installation of suchcomponents by other Developers.
iv. You are not licensed to network the SOFTWARE or any component part of it,
where it is or may be used by more than one (1) Developer, unless You purchasean additional Developer License for each Developer.
v. You must purchase an additional separate Developer License in order to add
additional developer seats, whether the additional developers are accessing the
SOFTWARE in a stand-alone environment or on a computer network.
vi. Users of the Developed Software are not licensed to use the SOFTWARE or theRedistributable Files, directly or indirectly, for development purposes. In
particular, if You create a control (or user control) using the SOFTWARE as aconstituent control, You are not licensed to distribute the control You createdwith the SOFTWARE to users for development purposes.

b. Plugin Developer License. This section applies only to a Plugin Developer License.
Subject to the terms and conditions of this EULA, You are granted a royalty-free license
to use the SOFTWARE on a Developer Seat Basis for a perpetual term.
License to Develop. Subject to the terms and conditions of this EULA, You are licensed
to perform an installation of the SOFTWARE for an unlimited use in designing, testing
and creating Developed Software by a single Developer on one or more computers,
each with a single set of input devices, so long as (i) such computer/computers is/areused only by one (1) Developer at any given time and not concurrently and, (ii) the user
is the Primary User to whom the license has been granted. If MESCIUS determines thatthe number of Developers using the SOFTWARE exceeds the number of Developer
Licenses that You purchased, You shall immediately pay MESCIUS the applicable fees to
add the additional seats.
Users of the Developed Software are licensed to use the SOFTWARE or theRedistributable Files, directly or indirectly, through a plugin or user control. In particular,
if You create a control (or user control) using the SOFTWARE as a constituent control,
You are licensed to distribute the control You created to users for development
purposes so long as Your control abstracts the SOFTWARE and does not expose theoriginal SOFTWARE API or intend to bypass the Developer License limitations describedby this agreement.
License to Distribute. You are licensed to distribute Your Developed Software on aroyalty-free basis at unlimited sites or deploy to the cloud, provided that the Developed
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EULA November 2023 Update

Software incorporates the SOFTWARE as an integral part in a machine-language
compiled format (customarily an “.exe”, or “.dll”, etc.).
The following limitations to your Plugin Developer License shall apply:
i. You are not licensed to install or use the SOFTWARE on a computer that is a
network server or a computer at which the SOFTWARE is used by more than one(1) Developer.
ii. You must purchase an additional separate Developer Licenses in order to add
additional developer seats, whether the additional developers are accessing the
SOFTWARE directly in a stand-alone environment or on a computer network.
iii. You are not licensed to resell a plugin or control that exposes the original
SOFTWARE API or for development purposes.
c. Source Code Reference License. This section applies only to a Source Code Reference
License. Subject to the terms and conditions of this EULA, if You separately acquire a
Source Code Reference License, You are licensed to use the Source Code.
You are hereby granted a license to use the Source Code solely for educational purposes
and as supplementary documentation, so as to enable You to understand the operationof the SOFTWARE at a Source Code level. The Source Code is not routinely delivered
with all versions of the SOFTWARE and software product types, and in such case a
Source Code License must be purchased separately.
The following limitations to your Source Reference Code License shall apply:

i. You expressly do not have, and are not granted the right to use the Source Codeto create any derivative works or to modify the SOFTWARE or its Source Code in
any way.
ii. Under no circumstances may the Source Code or any portion thereof be
distributed, disclosed or otherwise made available to any third party outside ofYour organization.
iii. MESCIUS shall retain all right, title and interest in and to the licensed Source
Code, and all MESCIUS updates, modifications or enhancements thereof.
Nothing herein shall be deemed to transfer any ownership or title rights in andto the licensed Source Code from MESCIUS to You.
iv. THE SOURCE CODE IS PROVIDED TO YOU AS IS. MESCIUS DOES NOT AND SHALLNOT PROVIDE YOU WITH ANY TECHNICAL SUPPORT, OR ANY AUTOMATIC
UPDATES OR UPGRADES FOR YOUR SOURCE CODE LICENSE.
Confidentiality. You acknowledge and agree that the Source Code is confidential
property of MESCIUS and that it contains valuable and proprietary trade secrets of
MESCIUS. You agree to make any and all commercially reasonable efforts to protect theconfidentiality of the Source Code; and that such Source Code will only be disclosed tothose within Your organization with a clear and definitive need to know, and that suchindividuals will be bound by terms of confidentiality that are no less in scope than those
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EULA November 2023 Updateapplicable to Your own confidential materials. By disclosing the Source Code to anindividual within Your organization, You assume any and all civil, financial and/or
criminal responsibilities for all uses, or misuses of Source Code by any such employee,
officer, representative, contractor or other third party.

d. Source Code Modification License. This section applies only to a Source Code
Modification License. Subject to the terms and conditions of this EULA, if You separately
acquire a Source Code Modification License, You are licensed to use the Source Code.
You are hereby granted a license to use the Source Code with right to create any
derivative works and/or modify the SOFTWARE or its Source Code. The Source Code is
not routinely delivered with all versions of the SOFTWARE and software product types,
and in such case a Source Code License must be purchased separately.
The following limitations to your Source Code Modification License shall apply:
i. You expressly do not have, and are not granted the right to repackage or resell
competing components using the Source Code.
ii. Under no circumstances may the Source Code or any portion thereof be
distributed, disclosed or otherwise made available to any third party outside ofYour organization.
iii. MESCIUS shall retain all right, title and interest in and to the Source Code, andall MESCIUS updates, modifications or enhancements thereof. Nothing hereinshall be deemed to transfer any ownership or title rights in and to the licensed
Source Code from MESCIUS to You.
iv. THE SOURCE CODE IS PROVIDED TO YOU AS IS. MESCIUS DOES NOT AND SHALLNOT PROVIDE YOU WITH ANY TECHNICAL SUPPORT, OR ANY AUTOMATIC
UPDATES OR UPGRADES FOR YOUR SOURCE CODE LICENSE.
Confidentiality. You acknowledge and agree that the Source Code is confidential
property of MESCIUS and that it contains valuable and proprietary trade secrets of
MESCIUS. You agree to make any and all commercially reasonable efforts to protect theconfidentiality of the Source Code; and that such Source Code will only be disclosed tothose within Your organization with a clear and definitive need to know, and that suchindividuals will be bound by terms of confidentiality that are no less in scope than those
applicable to Your own confidential materials. By disclosing the Source Code to anindividual within Your organization, You assume any and all civil, financial and/or
criminal responsibilities for all uses, or misuses of Source Code by any such employee,
officer, representative, contractor or other third party.
2. LICENSE PROHIBITED USE. Subject to the terms and conditions of this EULA, You are hereby
expressly prohibited from the use of the SOFTWARE in the following manner:i. You may not distribute, bundle, wrap or subclass the SOFTWARE as Developed Software
which, when used in a “design-time” development environment, exposes the
programmatic interface of the SOFTWARE.
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EULA November 2023 Update

ii. In all cases, (a) You may not use MESCIUS’ name, logo, or trademarks to market Your
Developed Software without the express written consent of MESCIUS; (b) You agree toindemnify, hold harmless, and defend MESCIUS, its suppliers and resellers, from andagainst any claims or lawsuits, including attorney’s fees that may arise from the use or
distribution of Your Developed Software; (c) You may use the SOFTWARE only to create
Developed Software that is significantly different than the SOFTWARE.
iii.
MESCIUS might require proof of compliance regarding your use of the
SOFTWARE with the terms of this EULA.
3. Specific Product Limitations. Notwithstanding anything in this EULA to the contrary, if Your
License is for the use of the following software products the below conditions shall apply:
i. VSView Reporting Edition (ActiveX). VSView Reporting Edition includes at least one (1)executable file listed as “VSRptX.exe” (where X indicates the version number i.e.7, 8,etc.), known as “Designer.” The file “VSRptX.exe”, or any upgrade or future versions of
the Designer, are subject to the restrictions set forth in this EULA and may not be
distributed with Your Developed Software or in any other way.
ii. Wijmo. Subject to the terms and conditions of the Wijmo EULA. See(https://developer.mescius.com/wijmo/licensing).
4. Evaluation and/or Trial License. If you are using an “evaluation or trial license” or similar
version, specifically designated as such by MESCIUS on its website or otherwise, then the
Licenses are limited as follows:i.

You are licensed to use the SOFTWARE for a period of thirty (30) days counted from theday of installation (“Evaluation Period”).
ii. Upon completion of the Evaluation Period, You shall either i) delete the SOFTWARE fromthe computer containing the installation, or You may ii) obtain a paid license of the
SOFTWARE from MESCIUS or any of its resellers or distributors; and;iii. Any Software developed with the Evaluation License may not be distributed or used forany commercial purpose.
5. SERIAL KEY. Notwithstanding anything in this EULA to the contrary, along with Your license, You
will be issued a unique serial number (the “Serial Key”) for the activation of the SOFTWARE.
The Serial Number is subject to the restrictions set forth in this EULA and may not be disclosed
or distributed either with Your Developed Software or in any other way. The disclosure or
distribution of the Serial Number constitutes a breach of this EULA, the effect of which shall be
the immediate termination and revocation of all the rights granted herein.
6. PRODUCT ACTIVATION. Product activation is based on the exchange of information between
Your computer and MESCIUS. None of this information contains personally identifiable
information nor can they be used to identify any personal information about You or any
information You store in Your computer.
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EULA November 2023 UpdateYou may need to activate the Licensed SOFTWARE through the use of the Internet, email or
telephone; toll charges may apply. You may need to re-activate the Licensed SOFTWARE if You
modify Your computer hardware or if You have installed it on a different computer; in somecases, the number of activations allowed may be limited and You will have to contact MESCIUS
for clearance.
YOU ACKNOWLEDGE AND UNDERSTAND THAT THERE ARE TECHNOLOGICAL MEASURES IN THE
SOFTWARE THAT ARE DESIGNED TO ENSURE YOU DO NOT EXCEED YOUR LIMITED NUMBER OF
ACTIVATIONS AND/OR INSTALLATIONS AUTHORIZED FOR YOUR PAID LICENSE IN EFFORT TO
PREVENT UNLICENSED OR ILLEGAL USE OF THE SOFTWARE. NONE OF THIS INFORMATIONCONTAINS PERSONALLY IDENTIFIABLE INFORMATION NOR CAN IT BE USED TO IDENTIFY ANYPERSONAL INFORMATION ABOUT YOU OR ANY INFORMATION YOU STORE IN YOURCOMPUTER. YOU AGREE THAT MESCIUS MAY USE SUCH MEASURES AND YOU AGREE TO
FOLLOW ANY REQUIREMENTS REGARDING SUCH TECHNOLOGICAL MEASURES. YOU
ACKNOWLEDGE AND AGREE THAT THE SOFTWARE WILL CEASE TO FUNCTION UNLESS AND
UNTIL YOU ACTIVATE THE APPLICABLE SOFTWARE SERIAL NUMBER.
7. ENCRYPTION. To protect our customer's privacy, our product integrity and our digital rights, the
SOFTWARE uses various encryption techniques in our products and services. These techniques
may include protocols such as, but not limited to, SSH, SSL, TLS, and HTTPS as well Microsoft
Strong Naming and Authenticode signatures of our products. Additionally, standard andproprietary encryption algorithms may be used for licensing and to aid the preservation of ourdigital rights.
While the SOFTWARE may present, store and/or transmit data when used in applications, theseproducts do not provide encryption algorithms for storage or transmission of such application
data.

IV. FEES
You agree to pay all fees required to obtain a License to use the SOFTWARE. Unless otherwise agreed inwriting, You shall promptly pay all fees required for Your License. MESCIUS reserves the right toterminate this EULA and Your License, upon Your failure to pay all fees required. If additional licenses
are required for the use of the SOFTWARE, You agree to pay the additional fees required.

V. RETURN POLICY
The return option to MESCIUS is only available to the original purchaser of the unused SOFTWARE. To
return the SOFTWARE directly to MESCIUS, You must first request to return the SOFTWARE within thirty(30) days from the date of purchase. Secondly, you must receive a Return Authorization Number fromMESCIUS and return to MESCIUS the SOFTWARE purchased.
To return the SOFTWARE to your reseller/or distributor, You must comply with the return policies ofYour supplier as You agreed at the point of purchase. If the place of business from which You purchased
the SOFTWARE does not honor a full refund for a period of thirty (30) days from the date of purchase,
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EULA November 2023 UpdateYou may then return the SOFTWARE directly to MESCIUS for a refund provided that such return isauthorized within the same thirty (30) day time period.
All source code sales are final. Due to the nature of Source Code sales MESCIUS return policies do not
apply.

VI. INTELLECTUAL PROPERTY
1. Copyright. You agree that all right, title, and interest in and to the SOFTWARE (including, but notlimited to, any images, photographs, animations, video, audio, music, text, and “applets”
incorporated into the SOFTWARE), and any copies of the SOFTWARE, and any copyrights andother intellectual properties therein or related thereto are owned exclusively by MESCIUS,
except to the limited extent that MESCIUS may be the rightful license holder of certain thirdparty technologies incorporated into the SOFTWARE. The SOFTWARE is protected by copyrightlaws and international treaty provisions. The SOFTWARE is licensed to You, not sold to You.
MESCIUS reserves all rights not otherwise expressly and specifically granted to You in this EULA.
2. Backups. You may make a copy of the SOFTWARE solely for backup or archival purposes.
Notwithstanding the foregoing, You may not copy the printed Documentation.
3. General Limitations. You may not reverse engineer, decompile, or disassemble the SOFTWARE
or any of its constituents, except and only to the extent that applicable law expressly permits
such activity notwithstanding this limitation.
4. SOFTWARE Transfers. You may not rent or lease the SOFTWARE. You may permanently transfer
all of Your rights under the EULA, provided that You retain no copies, that You transfer all the
SOFTWARE (including all component parts, the media and printed materials, any updates,
upgrades, this EULA and, if applicable, the Certificate of Authenticity), and that the transferee
agrees to be bound by the terms of this EULA. If the SOFTWARE is an update or upgrade, anytransfer must include all prior versions of the SOFTWARE.

VII. EXPORT RESTRICTIONS
You acknowledge that the SOFTWARE is of U.S. origin. You acknowledge that the license and distributionof the SOFTWARE is subject to the export control laws and regulations of the United States of America,
and any amendments thereof, which restrict exports and re-exports of SOFTWARE, technical data, anddirect products of technical data, including services and Developed Software. You agree that You will notexport or re-export the SOFTWARE or any Developed Software, or any information, documentation
and/or printed materials related thereto, directly or indirectly, without first obtaining permission to doso as required from the United States of America Department of Commerce’s Bureau of Industry andSecurity (“BIS”), or other appropriate governmental agencies, to any countries, end-users, or for any
end-uses that are restricted by U.S. export laws and regulations, and any amendments thereof, which
include, but are not limited to: Restricted Countries, Restricted End-Users, and Restricted End-Uses.
These restrictions change from time to time. You represent and warrant that neither the BIS nor any
other United States federal agency has suspended, revoked or denied Your export privileges. MESCIUS
acknowledges that it shall use reasonable efforts to supply You with all reasonably necessary
information regarding the SOFTWARE and its business to enable You to fully comply with the provisionsof this Section. If You have any questions regarding Your obligations under United States of America
export regulations, You should contact the Bureau of Industry and Security, United States Department of

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EULA November 2023 Update

Commerce, Exporter Counseling Division, Washington DC. U.S.A. (202) 4824811,http://www.bis.doc.gov.
U.S. Government Restricted Rights. The SOFTWARE and documentation are provided with RESTRICTEDRIGHTS.
You will comply with any requirements of the Government to obtain such RESTRICTED RIGHTS
protection, including without limitation, the placement of any restrictive legends on the SOFTWARE, andany license agreement used in connection with the distribution of the SOFTWARE. Manufacturer is
MESCIUS inc., 211 North Whitfield Street, Seventh Floor, Pittsburgh, PA 15206 USA. For solicitations
issued by the Government on or after December 1, 1995 and the Department of Defense on or after
September 29, 1995, the only rights provided in the SOFTWARE and documentation provided hereinshall be those contained in this EULA. Under no circumstances shall MESCIUS be obligated to comply
with any Governmental requirements regarding the submission of or the request for exemption from
submission of cost or pricing data or cost accounting requirements. For any distribution of the
SOFTWARE that would require compliance by MESCIUS with the Government’s requirements relating tocost or pricing data or cost accounting requirements, You must obtain an appropriate waiver or
exemption from such requirements for the benefit of MESCIUS from the appropriate Government
authority before the distribution and/or license of the SOFTWARE to the Government.

VIII. WARRANTIES AND REMEDIES
1.

Limited Warranty. MESCIUS warrants that: (i) it has the full power to enter into this Agreement
and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in
the SOFTWARE to any third party which grant is inconsistent with the rights granted to You inthis Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret,copyright, trademark or other proprietary right held by any third party and does not infringe any
patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE,
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MESCIUS EXPRESSLYDISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSEPROVIDED BY MESCIUS HEREBY AND MESCIUS PROVIDES THE SAME IN “AS IS” CONDITIONWITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND
DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGALRIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.
MESCIUS HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDEDTO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, MESCIUS
REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND
OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE
DEVELOPMENT ENVIRONMENT FOR WHICH MESCIUS PROVIDES TECHNICAL SUPPORT.
NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATECONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENTENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTEDCONSTITUENT OF A CONTROL OR APPLICATION, MESCIUS EXPRESSLY MAKES NO SUCH
10EULA November 2023 Update

REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS
OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS
FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOTINCLUDED IN THIS EULA AND MAY BE OBTAINED BY CONTACTING MESCIUS DIRECTLY. THIS
LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM
SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT,
OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.
2. Limited Remedy. MESCIUS PPROVIDES NO REMEDIES OR WARRANTIES APPLICATION CODE,REDISTRIBUTABLE FILES, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE
SOFTWARE. ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE
VERSION OF THE SOFTWARE ARE PROVIDED “AS IS”.
MESCIUS’ entire liability and Your exclusive remedy under this EULA shall be, at MESCIUS’ sole option,either (a) return of the price paid for the SOFTWARE; (b) repair the SOFTWARE through updates
distributed online or otherwise in MESCIUS’ discretion; or (c) replace the SOFTWARE with SOFTWARE
that substantially performs as described in the SOFTWARE documentation, provided that You return the
SOFTWARE in the same manner as provided in Section I.2 for return of the SOFTWARE for nonacceptance of this EULA. Any media for any repaired or replacement SOFTWARE will be warranted forthe remainder of the original warranty period or thirty (30) days, whichever is longer. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MESCIUS BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESSPROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF MESCIUS HAS BEEN ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CERTAIN
CASES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IX. MISCELLANEOUS
1. ENTIRE AGREEMENT. This EULA (including any addendum to this EULA included with the
SOFTWARE) is the final, complete and exclusive statement of the entire agreement between You
and MESCIUS relating to the SOFTWARE. This EULA supersedes any prior and contemporaneous
proposals, purchase orders, advertisements, and all other communications in relation to thesubject matter of this EULA, whether oral or written. No terms or conditions, other than thosecontained herein, and no other understanding or agreement which in any way modifies theseterms and conditions, shall be binding upon the parties unless entered into in writing executed
between the parties, or by other non-oral manner of agreement whereby the parties objectively
and definitively act in a manner to be bound (such as by continuing with an installation of the
SOFTWARE, etc.). Employees, agents and other representatives of MESCIUS are not permitted toorally modify this EULA.
2. Open Source Software. The Software product may include certain open source componentsthat are subject to open source licenses (“Open Source Software”), in which case, the embedded
Open Source Software is owned by a third party. The Open Source Software is not subject to theterms and conditions of this EULA. Instead, each item of Open Source Software is licensed under
its applicable license terms which accompanies such Open Source Software. Nothing in this
EULA limits your rights under, nor grants you rights that supersede, the terms and conditions of
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EULA November 2023 Update

3.

4.

5.

6.

any applicable license terms for the Open Source Software. Any fees charged by MESCIUS inconnection with the SOFTWARE, do not apply to the Open Source Software for which fees may
not be charged under the applicable license terms. The terms and conditions of the applicable
license for the Open Source Software are available on the LICENSE.txt file, which is provided
with the SOFTWARE.
TERMINATION. Without prejudice to any other rights it may have, MESCIUS may terminate this
EULA and the Licenses if You fail to comply with the terms and conditions contained herein. In
such an event, You must destroy all copies of the SOFTWARE and all of its component parts.
STATUTE OF LIMITATIONS. You agree that any action in relation to an alleged breach of this
EULA shall be commenced within one year of the date of the breach, without regard to the datethe breach is discovered. Any action not brought within that one-year time period shall bebarred, without regard to any other limitations period set forth by law or statute.
YOU INDEMNIFY MESCIUS. You agree to indemnify, hold harmless, and defend MESCIUS and its
suppliers and resellers from and against any and all claims or lawsuits, including attorney’s fees,
which arise out of or result from Your distribution of Your Developed Software, Your Developed
Web Server Software or from Your breach of any of the terms and conditions of this EULA.
INTERPRETATION OF THIS EULA. If for any reason a court of competent jurisdiction finds any
provision of this EULA, or any portion thereof, to be unenforceable, that provision of this EULA
will be enforced to the maximum extent permissible so as to affect the intent of the parties, andthe remainder of this EULA will continue in full force and effect. Formatives of defined terms
shall have the same meaning of the defined term. Failure by either party to enforce any
provision of this EULA will not be deemed a waiver of future enforcement of that or any otherprovision. Except as otherwise required or superseded by law, this EULA is governed by the lawsof the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. The
parties’ consent to the personal jurisdiction and venue of the Commonwealth of Pennsylvania,
in the County of Allegheny, and agree that any legal proceedings arising out of this EULA shall be
conducted solely in such State. The application of the U.N. Convention of Contracts for theInternational Sale of Goods is expressly excluded. The original version of this EULA is the English
language version. Any discrepancy or conflict that may arise between the English version of this
EULA and those written in any other language shall be resolved and interpreted with reference
to the English version, which will always control.

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EULA November 2023 Update