INFOPULSE UKRAINEPACE Packager Hun End User License Agreement
This PACE PACKAGER HUB End User License Agreement (“Agreement”) is a legal contract
between legal entity (in either case the “Licensee” or “you”), and LLC “Infopulse Ukraine”(“Infopulse”), a legal entity registered under the laws of Ukraine, for the software named below(“Software”). The Software consists of Application Database Server, Web and Desktop clients.
By clicking on the “I ACCEPT” button or by copying, downloading, accessing or otherwise using
the Software, you agree to be bound by the terms of this Agreement and Licensee represents
that you are authorized to enter into this Agreement on behalf of Licensee’s corporate entity (ifapplicable). If you do not wish to be bound by the terms of this Agreement, click the “I DO NOTACCEPT” button, and/or do not install, access or use the Software.
NON-COMMERCIAL TRIAL LICENSE
Infopulse provides you free of charge with a right to try the Software (including, whereapplicable, a right to access Subscription as defined below) within the limited period of time forevaluation purposes. According to this, you may download or install the Software withoutpurchasing the License to the Software for a fee solely to evaluate the Software suitability foryour internal business requirements at your site only. In any circumstance, you may NOT use theSoftware in your production activity anyhow, and/or as part of your service for commercial
benefit or otherwise commercialize it. Trial License can be issued to one legal entity for aparticular Software version only two times. After termination of the second Trial License you
should decide to purchase appropriate type of License or to delete Software from your servers
and/or computers.
COMMERCIAL LICENSE TERMS AND CONDITIONS
Subject to the other terms of this Agreement, including without limitation the payment of theapplicable License fee, Infopulse grants you a non-exclusive, non-transferable, nonsublicensable license to use the Software as stipulated below.
License Restrictions. In compliance with the License YOU MAY NOT:•(a) assign, sell, sublicense, rent, lease or distribute the Software (or any portion thereof)
some other way to third parties and use the Software (or any portion thereof) for timesharing, hosting or like purposes;•(b) cause or permit reverse engineering, decompile, disassemble, make any attempt todiscover the source code of the Software;•(c) modify, translate, or create derivative works from the Software, incorporate theSoftware (or any portion thereof) into or with other software;•(d) remove any Software identification, proprietary, copyright or other notices containedin the Software;•(e) disclose the results of any benchmark tests of the Software to any third party;•(f) make more copies of the Software than specified in this Agreement or allowed byapplicable law, despite this limitation;•(g) publish the Software or any part of the Software for others to copy;•(h) transfer the Software, any part of the Software or rights provided herein to any thirdparty.

You are entitled only to those rights with respect to the Software as are expressly granted by thisAgreement and based on a Type of License you choose.
Your license rights will take effect subject to license fee payment and your acceptance of terms
and conditions of this Agreement. No rights are granted for use of illegal copies of the Software,or for legal copies of the Software obtained by unlawful means.
TYPES OF LICENSES
The Licenses are subscription based. This means, Licensee can use the Software within
specified period of time.
1. “ENTERPRISE”
This type of License is based on a single installation instance basis and can be applied to legal
entities only that entered into the Enterprise License agreement with Infopulse. A single
installation instance of the Software means installation of single Application Database server
and unlimited number of internal Web/Desktop clients. Web/Desktop clients are intended touse by unlimited number of internal users only that has to be employed/contracted by you. At
the same time, this type of License grants you the right to installing the Desktop clients forunlimited number of computers and virtual machines inside your legal entity.
However, if the Software is intended to use by external users, your legal entity must purchase“Service Provider” type of License.
Each user accessing the Software shall be fully aware of License terms and conditions and thathe/she is duly authorized by Licensee and have enough knowledge and skills to comply with theLicense terms and conditions. Licensee shall be fully liable for any omission or breach of theLicense terms and conditions that may be committed by its users.
This License grants the right to use the Software for internal purposes of a businessorganization purchasing this License only, excluding any external business purposes
providing services to third parties, and make copy of the Software for archival and backup
support to reinstall the Software.
2. “SERVICE PROVIDER”
This type of License is based on a single installation instance basis and can be applied to legal
entities only that entered into the Service Provider License Agreement with Infopulse. A single
installation instance of the Software means installation of single Application Database server
and unlimited number of internal/external Web/Desktop clients. Web/Desktop clients areintended to use by unlimited number of internal and external users as well. At the same time,
this License grants the right to installing the Desktop clients for unlimited number of computersand virtual machines inside and outside your legal entity.
Each user accessing the Software shall be fully aware of License terms and conditions and thathe/she is duly authorized by Licensee and have enough knowledge and skills to comply with theLicense terms and conditions. Licensee shall be fully liable for any omission or breach of theLicense terms and conditions that may be committed by its users.

This type of License grants the right to use the Software for internal purposes of a businessorganization purchasing this License, as well as for external business purposes providing
services to third parties and make copy of the Software for archival and backup support toreinstall the Software.
SUBSCRIPTION
Depending on purchased License, you are provided with either one, or two, or three years of theSubscription. Subscription provides the right of upgrading to the new versions of Software
released within the period of Subscription and to the Software support services.
After termination the Subscription can be repurchased on a fee paid basis for next one, two or
three years upfront or on the date of Subscription termination. If the Subscription was not
repurchased, Software stops working next day to the final date of the purchased Subscription.
In no event will Infopulse has any liability for lost your data and/or information arising from nonrepurchasing timely the Subscription by you.
PAYMENTS AND DELIVERY
You may pay subscription fee directly to Infopulse via official product web site, by means ofmeeting the invoice or to our authorized License resellers according to their payments
conditions. Upon effecting a payment, you will be provided with access code to the Software
which you have chosen or to opted Subscription. Infopulse does not return the paid Licenseand/or Subscription fee after the license keys were issued and delivered to the Licensee.
PROPRIETARY RIGHTS AND CONFIDENTIALITY
Infopulse or its licensors retain all right, title and interest to the Software and all related
intellectual property and proprietary rights. The Software is protected by applicable copyright,
trade secret, industrial and other intellectual property laws. You may not remove any productidentification, copyright, trademark or other notice from the Software. Infopulse reserves anyrights not expressly granted to you. “Confidential Information” means all proprietary orconfidential information that is disclosed to the recipient (“Recipient”) by the discloser(“Discloser”), and includes, among other things (i) any and all information relating to products
or services provided by a Discloser, its financial information, software code, flow charts,
techniques, specifications, development and marketing plans, strategies, and forecasts; and (ii)as to Infopulse, and its licensors, the Software. Confidential Information does not include
information that Recipient can show: (a) was rightfully in Recipient’s possession without any
obligation of confidentiality before receipt from the Discloser; (b) is or becomes a matter ofpublic knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third
party without violation of a duty of confidentiality; (d) is independently developed by or for
Recipient without use of the Confidential Information; or (e) is required to be disclosed byapplicable law or court order. Recipient may not disclose Confidential Information of Discloser
to any third party or use the Confidential Information in violation of this Agreement.
You acknowledge that any misuse or threatened misuse of the Software will cause immediately
irreparable harm to Infopulse for which there is no adequate remedy at law. Accordingly, youagree that Infopulse IS entitled to immediate and permanent injunctive relief from a court ofcompetent jurisdiction in the event of such breach or threatened breach.
THIRD-PARTY PRODUCTS

You may choose to use or procure other third-party products or services in connection with theSoftware. Your receipt or use of any third-party products or services is a subject to a separate
agreement between you and the third-party provider. If you enable or use third-party products orservices with the Software, you acknowledge that the third-party providers may access or use
your data as required for the interoperation of their products and services with the Software.
This may include transmitting, transferring, modifying or deleting your data, or storing your dataon systems belonging to the third-party providers or other third parties. Any third-party
provider’s use of your data is subject to the applicable agreement between you and such thirdparty provider. Infopulse is not responsible for any access to or use of your data by third-party
providers or their products or services, or for the security or privacy practices of any third-party
provider or its products or services. You are solely responsible for your decision to permit anythird-party provider or third-party product or service to use your data. It is your responsibility tocarefully review the agreement between you and the third-party provider, as provided by theapplicable third-party provider. INFOPULSE DISCLAIMS ALL LIABILITY AND RESPONSIBILITY
FOR ANY THIRD-PARTY PRODUCTS OR SERVICES (WHETHER SUPPORT, AVAILABILITY,SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTYPROVIDERS OR VENDORS.
PRIVACY AND DATA PROTECTION
By clicking on the “I ACCEPT” button or by copying, downloading, accessing or otherwise using
the Software, you agree with the following:
To the extent strictly necessary to provide End User with the Software or Subscription Infopulse
collects, uses and otherwise processes End User’s data, including personal data, namely: yourname, address, telephone, e-mail at Infopulse location (outside of EU) and End User consents
to such processing of personal data by Infopulse for the purpose of enjoying license rights.
You are informed of your rights to obtain from Infopulse the information and access to yourpersonal data, the rectification of inaccurate your personal data and its erasure free of charge.
Infopulse shall provide End User with a copy of the personal data undergoing processing.
Upon End User’s request or expiration of three years following the Subscription termination
where your personal data are no longer necessary in relation to the purpose for which they werecollected or otherwise processed the data shall be erased or restricted of processing unlessotherwise required for compliance with Infopulse legal obligation.
Infopulse hereof undertakes to comply with all applicable legal requirements regarding privacy
and data protection. Following conclusion of this Agreement, Infopulse is entitled to use andstore personal data for performance of this Agreement, including billing purposes, sending
Subscription notifications and for compliance with a legal obligation, which requires using andstorage by law, to which Infopulse is subject.
GOVERNING LAW AND ARBITRATIONThis Agreement shall be governed by the substantive law of England and Wales, without
reference to its provisions on conflict of laws. All disputes arising out of or in connection withthis Agreement shall be finally settled under the Rules of Arbitration of the International
Chamber of Commerce by three arbitrators appointed in accordance with the said Rules. The
seat of the arbitration shall be Paris. The language to be used in the arbitral proceedings shall be
English language.

WARRANTY
To the extent permitted by applicable law, the Software is provided to you “AS IS” without
warranty, either express or implied, that Software usage will be uninterrupted and that all errors
have been or can be eliminated from the Software. However Infopulse warrants to you that for aperiod of one (1) year the Software shall operate in substantial conformity with the Software
documentation. Infopulse’s sole liability (and your exclusive remedy) for any breach of thiswarranty shall be, in Infopulse’s sole discretion, to use commercially reasonable efforts toprovide you with an error correction or workaround which corrects the reported nonconformity,
to provide software upgrades with corrected errors for the upcoming software release or service
pack or if Infopulse determines such remedies to be impracticable within a reasonable period oftime, to terminate the Agreement and refund license fee paid for the Software. The limited
warranty shall not apply to warranty claims arising out of or relating to: (a) use of the Softwarewith hardware or software not required in the Software documentation; (b) to defects in theSoftware due to accident, abuse or improper use by you; or (d) to Software provided on a nocharge or non-commercial trial use basis.
LIMITS ON LIABILITYINFOPULSE IS NOT LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT, SUPPORT, THE SOFTWARE(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, ANDDAMAGE TO, OR LOSS OF USE OF DATA CONSIDERED AS INDIRECT LOSS), EVEN IF ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH DAMAGES RESULT FROM A CLAIMARISING UNDER TORT OR CONTRACT LAW. EXCEPT IN THE CASE OF INFRINGEMENT,INFOPULSE’S TOTAL LIABILITY FOR DAMAGES OF ANY KIND IS LIMITED TO THE AMOUNT PAIDFOR THE LICENSE TO THE APPLICABLE SOFTWARE GIVING RISE TO SUCH DAMAGES.
TERMINATION
Infopulse may terminate this Agreement if (a) you fail to make payment and/or (b) you fail tocomply with the terms of this Agreement within fourteen (14) days after receipt of written noticeof such failure. Upon any termination of this Agreement or any License, you agree toimmediately discontinue any use of the Software, de-install it and destroy the Software andcopies of associated databases (if any), and any copies. Upon Infopulse’s request, you will
provide written certification of such compliance.
Copyright © 2024 by LLC “Infopulse Ukraine”. All rights reserved.