END USER LICENSE AGREEMENT: TERMS AND CONDITIONS OF USE IMPORTANT NOTICE. THIS LICENSE AGREEMENT (THE AGREEMENT) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND Persistent Systems, Inc., AND ITS THIRD-PARTY LICENSORS (“Persistent Systems”). BY INSTALLING OR USING THIS SOFTWARE IN ANY WAY YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THIS SOFTWARE IN ANY WAY, AND PROMPTLY RETURN THE SOFTWARE WITH PROOF OF PURCHASE TO THE PARTY FROM WHOM YOU ACQUIRED IT AND OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. This Software (as defined below) will be provided to you by electronic mode only. GENERAL. “You” and “Your” refer either to an individual person or to a single legal entity. You may also be referred to as Licensee. “Software” means machine-readable instructions and data (and copies thereof) including middleware and related updates and upgrades You may be separately authorized to receive, licensed materials, user documentation, user manuals, and operating procedures. “Ancillary Software” means all or any portion of Software provided under public, open source, or third-party license terms. “Order Form(s)” means an accepted customer order (excluding pre-printed terms) and in relation to that order, Persistent Systems quotations, license to use certificates, additional license authorizations, or invoices. LICENSE GRANT. Subject to the terms and conditions of this Agreement and the payment of any applicable license fees, Persistent Systems grants you a limited, non-exclusive, non-transferable, license to use in object code only one copy of the Software on one device at a time strictly for Your internal business purposes, unless otherwise indicated above or in applicable [Order Form]. Some Software may require license keys or contain other technical protection measures. You acknowledge that Persistent Systems may monitor your compliance with use restrictions remotely or otherwise. If Persistent Systems makes a license management program available which records and reports license usage information, You agree to appropriately install, configure and execute such license management program beginning no later than one hundred and eighty (180) days from the date it is made available to You and continuing for the period that the Software is used. OTHER RESTRICTIONS. You shall not (a) remove any product identification, copyright notices, or other notices or proprietary restrictions notices from this Software; (b) sell, lease, rent, copy, distribute or transfer this Software to another; (c) use the Software for commercial or financial gain including, but not limited to, use in performing technical, consulting, or training services; (d) cause or permit reverse engineering, disassembly, decompilation or alteration of this Software except to the extent such restriction is expressly prohibited by applicable laws; (e) copy the Software for any purpose, including, but not limited to, archival or backup purposes; or (f) use the Software for competitive analysis purposes. To use Software identified as an update or upgrade, You must first be licensed for the original Software identified by Persistent Systems as eligible for the update or upgrade. If the update or upgrade is intended to substantially replace the original Software, after updating or upgrading, You may no longer use the original Software that formed the basis for Your update or upgrade eligibility unless otherwise provided by Persistent Systems in writing. Nothing in this Agreement grants You any right to purchase or receive Software updates, upgrades, or support, and Persistent Systems is under no obligation to make such support available to you.