Altova MobileTogether Designer End User License Agreement (EULA)
THIS IS A LEGAL DOCUMENT -- RETAIN FOR YOUR RECORDSALTOVA MOBILETOGETHER DESIGNER END-USER LICENSE AGREEMENT
Licensor:
Altova GmbH
Rudolfsplatz 13a/9
A-1010 Wien
Austria
Important - Read Carefully. Notice to User:
This End User License Agreement (“Agreement”) is a legal document between you and Altova
GmbH (“Altova”). It is important that you read this document before using the Altova-provided
software (“Software”) and any accompanying documentation, including, without limitation
printed materials, ‘online’ files, or electronic documentation (“Documentation”). By clicking the “I
accept” and “Next” buttons below, or by installing, or otherwise using the Software, you agree tobe bound by the terms of this Agreement as well as the Altova Privacy Policy (“Privacy Policy”)
including, without limitation, the warranty disclaimers, limitation of liability, data use andtermination provisions below, whether or not you decide to purchase the Software. You agree
that this Agreement is enforceable like any written agreement negotiated and signed by you. If
you do not agree, you are not licensed to use the Software, and you must destroy any downloaded
copies of the Software in your possession or control. You may print a copy of this Agreement as partof the installation process at the time of acceptance. Alternatively, a copy of this Agreement may befound at https://www.altova.com/legal and a copy of the Privacy Policy may be found athttps://www.altova.com/privacy.
1. SOFTWARE LICENSE(a) License Grant.
(i) Upon your acceptance of this Agreement Altova grants you a non-exclusive, non-transferable(except as provided below), limited license, without the right to grant sublicenses, to install and use
a copy of the Software on one compatible personal computer or workstation.
(ii) You may not use the Software to develop and distribute other software programs that directlycompete with any Altova software or service without prior written permission. Altova reserves allother rights in and to the Software.
(b) AppStore Apps.
(i) The AppStore App feature in the Software enables users to generate source code. Your license to
install and use a copy of the Software as provided herein permits you to generate source code basedon (i) Altova Library modules that are included in the Software (such generated code hereinafterreferred to as the “Restricted Source Code”) and (ii) schemas or mappings that you create or provide(such code as may be generated from your schema or mapping source materials hereinafter referred
to as the “Unrestricted Source Code”). In addition to the rights granted herein, Altova grants you anon-exclusive, non-transferable, limited license to compile the complete generated code (comprisedof the combination of the Restricted Source Code and the Unrestricted Source Code) into executableobject code form, and to use, copy, distribute or license that executable. You may not distribute orredistribute, sublicense, sell, or transfer the Restricted Source Code to a third-party in the uncompiled form. Notwithstanding anything to the contrary herein, you may not distribute,
incorporate or combine with other software, or otherwise use the Altova Library modules or
Restricted Source Code, or any Altova intellectual property embodied in or associated with the
Altova Library modules or Restricted Source Code, in any manner that would subject the Restricted
Source Code to the terms of a copyleft, free software or open source license that would require the
Restricted Source Code or Altova Library modules source code to be disclosed in source code form.
Notwithstanding anything to the contrary herein, you may not use the Software to develop anddistribute other software programs that directly compete with any Altova software or service
without prior written permission. Altova reserves all other rights in and to the Software.
(ii) In the event Restricted Source Code is incorporated into executable object code form, you will
include the following statement in (1) introductory splash screens, or if none, within one or more
screens readily accessible by the end-user, and (2) in the electronic and/or hard copy
documentation: “Portions of this program were developed using Altova® MobileTogether andincludes libraries owned by Altova GmbH, Copyright © 2007-2019 Altova GmbH (www.altova.com).”(iii) You agree not to use the Software to create an AppStore App for any unlawful or illegal activity,
nor to develop any AppStore App that would commit or facilitate the commission of a crime, orother tortious, unlawful, or illegal act. You agree that, to the best of your knowledge and belief, your
AppStore App will not violate, misappropriate, or infringe any Altova or third party copyrights,
trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights(e.g. musical composition or performance rights, video rights, photography or image rights, logo
rights, third party data rights, etc. for content and materials that may be included in your AppStoreApp). Further, you agree not to use the Software to create any AppStore App or other software
program that would disable, hack or otherwise interfere with any security, digital signing, digitalrights management, content protection, verification or authentication mechanisms implemented in
or by the Software or by other third party software, services or technology, or enable others to doso, unless otherwise permitted by the Altova in writing. AppStore Apps must not contain any
malware, malicious or harmful code, program, or other internal component (e.g. computer viruses,
trojan horses, “backdoors”) and may not use any Software in a way that could damage, destroy, or
adversely affect Altova software or services, or any other software, firmware, hardware, data,systems, services, or networks.
(iv) You agree that you are solely responsible for any data, content, or resources that you create,transmit or display through the AppStore App, and for the consequences of your actions.
(c) Backup and Archival Copies. You may make one (1) backup and one (1) archival copy of the
Software, provided your backup and archival copies are not installed or used on any computer andfurther provided that all such copies shall bear the original and unmodified copyright, patent andother intellectual property markings that appear on or in the Software.
(d) Title. Title to the Software is not transferred to you. Ownership of all copies of the Software andof copies made by you is vested in Altova, subject to the rights of use granted to you in thisAgreement. As between you and Altova, documents, files, stylesheets, generated program code(including the Unrestricted Source Code), schemas that are authored or created by you via yourutilization of the Software, and AppStore Apps, in accordance with its Documentation and the termsof this Agreement, are your property. “AppStore Apps” means the app authored or created by you
via your utilization of the “create AppStore App” option in Altova MobileTogether Designer andconnected to the Altova MobileTogether Server.

(e) Reverse Engineering. Except and to the limited extent as may be otherwise specifically provided
by applicable law in the European Union, you may not reverse engineer, decompile, disassemble orotherwise attempt to discover the source code, underlying ideas, underlying user interface
techniques or algorithms of the Software by any means whatsoever, directly or indirectly, or disclose
any of the foregoing, except to the extent you may be expressly permitted to decompile underapplicable law in the European Union, if it is essential to do so in order to achieve operability of the
Software with another software program, and you have first requested Altova to provide theinformation necessary to achieve such operability and Altova has not made such information
available. Altova has the right to impose reasonable conditions and to request a reasonable fee
before providing such information. Any information supplied by Altova or obtained by you, as
permitted hereunder, may only be used by you for the purpose described herein and may not be
disclosed to any third party or used to create any software which is substantially similar to theexpression of the Software. Requests for information from users in the European Union with respect
to the above should be directed to the Altova Customer Support Department.
(f) Other Restrictions. You may not loan, rent, lease, sublicense, distribute or otherwise transfer allor any portion of the Software to third parties except as otherwise expressly provided. You may notcopy the Software except as expressly set forth herein, and any copies that you are permitted tomake pursuant to this Agreement must contain the same copyright, patent and other intellectual
property markings that appear on or in the Software. You may not modify, adapt or translate theSoftware. You may not, directly or indirectly, encumber or suffer to exist any lien or security intereston the Software; knowingly take any action that would cause the Software to be placed in the publicdomain; or use the Software in any computer environment not specified in this Agreement. You may
not permit any use of or access to the Software by any third party in connection with a commercial
service offering, such as for a cloud-based or web-based SaaS offering.
You will comply with applicable law and Altova’s instructions regarding the use of the Software. You
agree to notify your employees and agents who may have access to the Software of the restrictions
contained in this Agreement and to ensure their compliance with these restrictions.
(g) NO GUARANTEE. THE SOFTWARE IS NEITHER GUARANTEED NOR WARRANTED TO BE ERRORFREE NOR SHALL ANY LIABILITY BE ASSUMED BY ALTOVA IN THIS RESPECT. NOTWITHSTANDING
ANY SUPPORT FOR ANY TECHNICAL STANDARD, THE SOFTWARE IS NOT INTENDED FOR USE IN OR
IN CONNECTION WITH, WITHOUT LIMITATION, THE OPERATION OF NUCLEAR FACILITIES,AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL EQUIPMENT,MEDICAL DEVICES OR LIFE SUPPORT SYSTEMS, MEDICAL OR HEALTH CARE APPLICATIONS, OR
OTHER APPLICATIONS WHERE THE FAILURE OF THE SOFTWARE OR ERRORS IN DATA PROCESSING
COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE
SOFTWARE AND ANY DATA GENERATED OR PROCESSED BY THE SOFTWARE FOR YOUR INTENDED
USE AND YOU WILL DEFEND, INDEMNIFY AND HOLD ALTOVA, ITS OFFICERS AND EMPLOYEESHARMLESS FROM ANY THIRD PARTY CLAIMS, DEMANDS, OR SUITS THAT ARE BASED UPON THE
ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE OR ANY DATA GENERATED BY THE
SOFTWARE IN YOUR USE.
2. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Software and any copies that you are authorized by Altova to make are
the intellectual property of and are owned by Altova and its suppliers. The structure, organizationand code of the Software are the valuable trade secrets and confidential information of Altova andits suppliers. The Software is protected by copyright, including without limitation by United States
Copyright Law, international treaty provisions and applicable laws in the country in which it is being
used. You acknowledge that Altova retains the ownership of all patents, copyrights, trade secrets,
trademarks and other intellectual property rights pertaining to the Software, and that Altova’s
ownership rights extend to any images, photographs, animations, videos, audio, music, text and“applets” incorporated into the Software and all accompanying printed materials. You will take noactions which adversely affect Altova’s intellectual property rights in the Software. Trademarks shallbe used in accordance with accepted trademark practice, including identification of trademark
owners’ names. Trademarks may only be used to identify printed output produced by the Software,and such use of any trademark does not give you any right of ownership in that trademark. Except as
expressly stated above, this Agreement does not grant you any intellectual property rights in the
Software. Notifications of claimed copyright infringement should be sent to Altova’s copyright agent
as further provided on the Altova Web Site.
3. LIMITED WARRANTY AND LIMITATION OF LIABILITY(a) Limited Warranty and Customer Remedies. YOU ACKNOWLEDGE THAT THE SOFTWARE ISPROVIDED TO YOU “AS-IS” WITH NO WARRANTIES FOR USE OR PERFORMANCE, AND ALTOVADISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND, WHETHER EXPRESSOR IMPLIED. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR THE SOFTWARE, BUT IT MAY BE
LIMITED, ALTOVA’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTYDOLLARS (USD $50) IN TOTAL.
(b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIESSTATE THE SOLE AND EXCLUSIVE REMEDIES FOR ALTOVA OR ITS SUPPLIER’S BREACH OF WARRANTY.
ALTOVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU
MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND
FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAMECANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOURJURISDICTION, ALTOVA AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS,REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW,
CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, ALTOVA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIESAND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORYQUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TOPROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
(c) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A
REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL ALTOVA OR ITS SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESSINTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TOPROVIDE SUPPORT SERVICES, EVEN IF ALTOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. Because some states and jurisdictions do not allow the exclusion or limitation of liability,
the above limitation may not apply to you. In such states and jurisdictions, Altova’s liability shall belimited to the greatest extent permitted by law and the limitations or exclusions of warranties andliability contained herein do not prejudice applicable statutory consumer rights of person acquiring
goods otherwise than in the course of business. The disclaimer and limited liability above arefundamental to this Agreement between Altova and you.
(d) Waiver and Indemnity. BY USING THE SOFTWARE, YOU AGREE, TO THE EXTENT PERMITTED BY
LAW, TO SAVE AND PROTECT, HOLD HARMLESS, INDEMNIFY AND DEFEND ALTOVA, ITS DIRECTORS,OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AGAINST ANY AND ALL
LIABILITY, CAUSES OF ACTION, CLAIMS, LOSS DAMAGE OR COST AND EXPENSE ARISING FROM,ALLEGEDLY ARISING FROM, OR RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACTS OF THE
LICENSEE OR ANY OF ITS OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS DONE IN
THE PERFORMANCE, OPERATION, OR USE OF THE SOFTWARE, OR ANY ACT DONE UNDERPRETENDED AUTHORITY OF THIS LICENSE. THIS AGREEMENT TO INDEMNIFY AND HOLD ALTOVAHARMLESS SHALL INCLUDE ANY COSTS INCURRED BY ALTOVA IN DEFENDING ANY ACTIONINVOLVING AN ACT BY THE LICENSEE OR ANY OF ITS OFFICERS, EMPLOYEES, INDEPENDENTCONTRACTORS OR AGENTS, AND SHALL INCLUDE ANY ATTORNEY’S FEES INCURRED BY ALTOVA.
4. SUPPORT AND MAINTENANCE
Altova offers “Support & Maintenance Package(s)” (“SMP”) for the Software only if you haveobtained a valid license for MobileTogether Server, which may be obtained from Altova at
https://www.altova.com. The Support Period shall coincide with the MobileTogether Server
Software license term. The terms of SMP are set forth in the Altova MobileTogether Server Software
License Agreement located at https://www.altova.com/legal/server-software-eula.
5. SOFTWARE ACTIVATION AND UPDATES(a) License Metering. The Software includes a built-in license metering module that is designed toassist you with monitoring license compliance in small local networks. The metering module
attempts to communicate with other machines on your local area network. You permit Altova to use
your internal network for license monitoring for this purpose. This license metering module may be
used to assist with your license compliance but should not be the sole method. Should your firewall
settings block said communications, you must deploy an accurate means of monitoring usage by theend user and preventing users from using the Software more than the Permitted Number.
(b) License Compliance Monitoring. You are required to utilize a process or tool to ensure that thePermitted Number is not exceeded. Without prejudice or waiver of any potential violations of theAgreement, Altova may provide you with additional compliance tools should you be unable toaccurately account for license usage within your organization. If provided with such a tool by Altova,
you (a) are required to use it in order to comply with the terms of this Agreement and (b) permit
Altova to use your internal network for license monitoring and metering and to generate compliancereports that are communicated to Altova from time to time..
(c) Software Activation. The Software may use your internal network and Internet connection forthe purpose of transmitting license-related data at the time of installation, registration, use, or
update to an Altova-operated license server and validating the authenticity of the license-related
data in order to protect Altova against unlicensed or illegal use of the Software and to improvecustomer service. Activation is based on the exchange of license related data between yourcomputer and the Altova license server. You agree that Altova may use these measures and you
agree to follow any applicable requirements. You further agree that use of license key codes thatare not or were not generated by Altova and lawfully obtained from Altova, or an authorized
reseller as part of an effort to activate or use the Software violates Altova’s intellectual property

rights as well as the terms of this Agreement. You agree that efforts to circumvent or disable
Altova’s copyright protection mechanisms or License Server violate Altova’s intellectual property
rights as well as the terms of this Agreement. Altova expressly reserves the rights to seek all
available legal and equitable remedies to prevent such actions and to recover lost profits,
damages and costs.
(d) LiveUpdate. Altova provides a new LiveUpdate notification service to you, which is free ofcharge. Altova may use your internal network and Internet connection for the purpose oftransmitting license-related data to an Altova-operated LiveUpdate server to validate your license at
appropriate intervals and determine if there is any update available for you.
(e) Use of Data. The terms and conditions of the Privacy Policy are set out in full at
https://www.altova.com/privacy and are incorporated by reference into this Agreement. By youracceptance of the terms of this Agreement and/or use of the Software, you authorize the collection,
use and disclosure of information collected by Altova for the purposes provided for in thisAgreement and/or the Privacy Policy. Altova has the right in its sole discretion to amend thisprovision of the Agreement and/or Privacy Policy at any time. You are encouraged to review theterms of the Privacy Policy as posted on the Altova Web site from time to time.
(f) Audit Rights. You agree that Altova may audit your use of the Software for compliance with theterms of this Agreement at any time, upon reasonable notice. In the event that such audit reveals
any use of the Software by you other than in full compliance with the terms of this Agreement, you
shall reimburse Altova for all reasonable expenses related to such audit in addition to any otherliabilities you may incur as a result of such non-compliance.
(g) Notice to European Users. Please note that the information as described in paragraph 5(d) above
may be transferred outside of the European Economic Area, for purposes of processing, analysis,
and review, by Altova, Inc., a company located in Beverly, Massachusetts, U.S.A., or its subsidiaries
or Altova’s subsidiaries or divisions, or authorized partners, located worldwide. You are advised that
the United States uses a sectoral model of privacy protection that relies on a mix of legislation,
governmental regulation, and self-regulation. You are further advised that the Council of theEuropean Union has found that this model does not provide "adequate" privacy protections as
contemplated by Article 25 of the European Union's Data Directive. (Directive 95/46/EC, 1995 O.J. (L281) 31). Article 26 of the European Union's Data Directive allows for transfer of personal data fromthe European Union to a third country if the individual has unambiguously given his consent to thetransfer of personal information, regardless of the third country's level of protection. By agreeing tothis Agreement, you consent to the transfer of all such information to the United States and theprocessing of that information as described in this Agreement and the Privacy Policy.
6. TERM AND TERMINATIONThis Agreement may be terminated (a) by your giving Altova written notice of termination; or (b) by
Altova, at any time without prior notice. Upon any termination of the Agreement, you must cease alluse of the Software that this Agreement governs, destroy all copies then in your possession orcontrol and take such other actions as Altova may reasonably request to ensure that no copies of the
Software remain in your possession or control. The terms and conditions set forth in Sections 1(c),1(d), 1(e), 1(l), 2, 3, 5, 7, 8, and 9 survive termination as applicable.
7. RESTRICTED RIGHTS NOTICE AND EXPORT RESTRICTIONSThe Software was developed entirely at private expense and is commercial computer software
provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S.
Government contractor or subcontractor is subject to the restrictions set forth in this Agreement
and as provided in FAR 12.211 and 12.212 (48 C.F.R. §12.211 and 12.212) or DFARS 227. 7202 (48
C.F.R. §227-7202) as applicable. Consistent with the above as applicable, Commercial Computer
Software and Commercial Computer Documentation licensed to U.S. government end users only as
commercial items and only with those rights as are granted to all other end users under the terms
and conditions set forth in this Agreement. Manufacturer is Altova GmbH, Rudolfsplatz, 13a/9, A1010 Vienna, Austria/EU. You may not use or otherwise export or re-export the Software orDocumentation except as authorized by United States law and the laws of the jurisdiction in which
the Software was obtained. In particular, but without limitation, the Software or Documentation
may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoedcountry or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or
the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent
and warrant that you are not located in, under control of, or a national or resident of any suchcountry or on any such list.
8. U.S. GOVERNMENT ENTITIES
Notwithstanding the foregoing, if you are an agency, instrumentality or department of the federal
government of the United States, then this Agreement shall be governed in accordance with thelaws of the United States of America, and in the absence of applicable federal law, the laws of theCommonwealth of Massachusetts will apply. Further, and notwithstanding anything to the contraryin this Agreement (including but not limited to Section 5 (Indemnification)), all claims, demands,
complaints and disputes will be subject to the Contract Disputes Act (41 U.S.C. §§7101 et seq.), theTucker Act (28 U.S.C. §1346(a) and §1491), or the Federal Tort Claims Act (28 U.S.C. §§1346(b),2401-2402, 2671-2672, 2674-2680), FAR 1.601(a) and 43.102 (Contract Modifications); FAR
12.302(b), as applicable, or other applicable governing authority. For the avoidance of doubt, if you
are an agency, instrumentality, or department of the federal, state or local government of the U.S.
or a U.S. public and accredited educational institution, then your indemnification obligations are
only applicable to the extent they would not cause you to violate any applicable law (e.g., the AntiDeficiency Act), and you have any legally required authorization or authorizing statute.
9. THIRD PARTY SOFTWAREThe Software may contain third party software which requires notices and/or additional terms andconditions. Such required third party software notices and/or additional terms and conditions arelocated at our Website at https://www.altova.com/legal/3rdparty and are made a part of andincorporated by reference into this Agreement. By accepting this Agreement, you are also accepting
the additional terms and conditions, if any, set forth therein.
10. JURISDICTION, CHOICE OF LAW, AND VENUE
If you are located in the European Union and are using the Software in the European Union, thenthis Agreement will be governed by and construed in accordance with the laws of the Republic ofAustria (excluding its conflict of laws principles and the U.N. Convention on Contracts for theInternational Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or
dispute with Altova or relating in any way to your use of the Software resides in the Handelsgericht,
Wien (Commercial Court, Vienna) and you further agree and expressly consent to the exercise of

personal jurisdiction in the Handelsgericht, Wien (Commercial Court, Vienna) in connection with any
such dispute or claim.
In all other circumstances this Agreement will be governed by and construed in accordance with thelaws of the Commonwealth of Massachusetts, USA (excluding its conflict of laws principles and the
U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that
exclusive jurisdiction for any claim or dispute with Altova or relating in any way to your use of the
Software resides in the federal or state courts of the Commonwealth of Massachusetts and you
further agree and expressly consent to the exercise of personal jurisdiction in the federal or state
courts of the Commonwealth of Massachusetts in connection with any such dispute or claim.
11. GENERAL PROVISIONSThis Agreement contains the entire agreement and understanding of the parties with respect to thesubject matter hereof, and supersedes all prior written and oral understandings of the parties withrespect to the subject matter hereof. Any notice or other communication given under thisAgreement shall be in writing and shall have been properly given by either of us to the other if sentby certified or registered mail, return receipt requested, or by overnight courier to the address
shown on Altova’s Web site for Altova and the address shown in Altova’s records for you, or suchother address as the parties may designate by notice given in the manner set forth above. This
Agreement will bind and inure to the benefit of the parties and our respective heirs, personal andlegal representatives, affiliates, successors and permitted assigns. The failure of either of us at any
time to require performance of any provision hereof shall in no manner affect such party’s right at alater time to enforce the same or any other term of this Agreement. This Agreement may beamended only by a document in writing signed by both of us. In the event of a breach or threatened
breach of this Agreement by either party, the other shall have all applicable equitable as well as legal
remedies. Each party is duly authorized and empowered to enter into and perform this Agreement.
If, for any reason, any provision of this Agreement is held invalid or otherwise unenforceable, suchinvalidity or unenforceability shall not affect the remainder of this Agreement, and this Agreement
shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly andexpressly consent to the foregoing terms and conditions.
Last updated: 2018.09.28