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Empalis Consulting GmbH

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PREDATAR TERMS AND CONDITIONS

PLEASE READ THESE LICENCE TERMS CAREFULLY

ATTENTION IS DRAWN TO THE LIMITS OF LIABILITY AND INDEMNITY PROVISIONS IN CLAUSES 7 AND 8 BELOW

This licence agreement (Licence) is a legal agreement between you, the business, company or legal entity whom are an employee, officer, director authorised to contract and bind such company or entity (Licensee or you or your) and Predatar Limited (Company number 11098791) with registered office address at Bloxham Mill Barford Road, Bloxham, Banbury, Oxon, United Kingdom, OX15 4FF (Supplier, us or we) for certain Supplier developed online software applications and tools provided by the Supplier from time to time to you, including any updates the Supplier may make to such applications and tools from time to time (including both source code and object code) and a platform (the Supplier’s infrastructure and cloud computing platform and runtime environment) which Suppler makes available to you via http://portal.predatar.com/ or any other website notified to you by the Supplier from time to time via the internet (Software) together with the document made available to you by the Supplier online via http://portal.predatar.com/ or such other web address notified by the Supplier to you from time to time which sets out a description of the Software and the user instructions for the Software (Documentation). Licensee and you together with Supplier, us or we are referred to as the parties.

You wish to use the Supplier’s Software solely in Licensee’s business operations and the Supplier has agreed to provide and you have agreed to access, use, and remit the Fees (when applicable as provided Clause 4 below) for the Supplier’s Software subject to the terms and conditions of this Licence. No variation of this Licence shall be effective unless it is in writing and signed by the parties (or their authorised representatives). This Licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). You should print a copy of this Licence for future reference. We licence use of and access to the Software and Documentation to you on the basis of this Licence. We do not sell the Software or Documentation to you. We remain the owners of the Software and Documentation at all times together with all intellectual property rights in the same.

LICENCE: Subject to you not already having a paid subscription to the Software, not being in breach of the terms, conditions, obligations and restrictions of this Licence, remission of Fees under Clause 4 (if any), the Supplier hereby grants to you a non-exclusive, non-transferable, revocable right during the Term to use feature limited, functionality limited versions of the Software for the purposes set out in the Documentation and to permit you to use the Software and the Documentation solely to use and access the Software in the UK and Germany in accordance with this Licence except in relation to any Excluded Fields of Use. This Licence to the Software does not authorise, permit or grant you any rights to utilise any program, application or data storage capacity owned or offered by a third party.
1. 1.1. Eligibility: You must not already possess a paid subscription to the Software to run the Software on your own or for use in association with or integrated into a third-party cloud platform or managed services provider. If you already possess a paid subscription to the Software to run the Software on your own or for use in association with or integrated into a third-party cloud platform or managed services provider before entering into this Licence, the Licensor, in addition to the rights set out in Clause 4, may, in Licensor’s sole discretion, terminate this Licence without notice and with immediate effect.
2. 1.2. Excluded Fields of Use means, in this Licence, (i) any medical device, whether or not regulated by any national or regional medical or healthcare regulatory body, (ii) those fields of use in relation to which the use of the Software, or the suspension of it (wholly or in part), has the potential to cause or contribute to death or personal injury and (iii) any Licensees or end users who already possess a paid subscription agreement with the Supplier covering use of the Software in a managed services environment, data storage, data recovery, or cloud product or service integrating the Software into third party cloud computing offerings.
3. 1.3. The Supplier: (a) does not warrant that: (i) the Licensee’s use of the Software will be uninterrupted or error-free; (ii) the Software, Documentation and/or the information obtained by the Licensee or any end user through the Software will meet the Licensee’s or any end user’s requirements; (iii) the Software will be free from vulnerabilities; and (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Licensee acknowledges that the Software and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

RESTRICTIONS: You shall not except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties: except to the extent expressly permitted under this Licence, (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; (b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; (c) access all or any part of the Software and Documentation in order to build a product or service which competes with the Software and/or the Documentation; (d) use the Software and/or Documentation to provide services to third parties or to use the Software in the Excluded Fields of Use; (e) licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Software and/or Documentation available to any third party; (f) attempt to obtain, or assist third parties in obtaining, access to the Software and/or Documentation, other than as provided under this Licence; or (g) introduce, or permit the introduction of, any virus or vulnerability into the Software.

SCOPE: The Supplier shall, during the Term, provide access to the Software and make available the Documentation to you on and subject to the terms of this Licence. If any provision or part- provision of this Licence is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Licence.
1. 3.1. Licensee acknowledges and agrees that it is responsible for technical support of all Software and compliance with the UK Data Protection Act 2018 and all applicable requirements of other data protection legislation; all processing under this Licence of personal information (if any) occurs pursuant to the Supplier’s data processing agreement set out at http://portal.predatar.com/ .
2. 3.2. From time to time the Supplier may: (a) modify the Software by issuing updates; and (b) make new features, functionality, applications or tools available in respect of the Software, whose use may be subject to the Licensee’s acceptance of further terms and conditions.
3. 3.3. You shall permit the Supplier or the Supplier’s designated auditor to audit the Software in order to audit compliance with this Licence, including that you are not exceeding the Free Limit and using the Software according to this Licence. Licensee consents to such audit performed by electronic means by program or cloud product on Licensee’s computer systems.
4. 3.4. This Licence shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Licence.

PREDATAR & FEES: The Supplier shall during the Term, provide you the limit set out at http://portal.predatar.com/ or such other website address as may be notified to you from time to time (Free Limit). The Supplier shall be entitled to change the Free Limit by notifying you at least five days before the change is to take effect. During the period from the date of notification to the commencement of that change you may reject any such change by terminating this Licence. Such changes shall be posted at http://portal.predatar.com/ or such other website address as may be notified to you from time to time. The Licensee acknowledges and agrees that if it uses the Software after the date on which such provisions have changed, the Supplier will treat the Licensee’s use as acceptance of the changed provisions.
1. 4.1. The Software shall, subject to this Licence, be provided to you without charge up to and including the Free Limit.
2. 4.2. You shall pay the fees stated or referred in this Licence for any usage of the Software over the Free Limit and use of any paid add-ons or additional services selected by you in the Supplier’s online portal as set out from time to time at http://portal.predatar.com/ (Fees).
3. 4.3. The Supplier’s determination of such usage and the Fees shall, in the absence of manifest error, be final.
4. 4.4. The Supplier shall issue electronic invoices for your usage over the Free Limit and for any paid add-on or services selected by you in monthly arrears due and payable 30 days after the date of the relevant invoice.
5. 4.5. Term means the one year commencing on acceptance of this Licence unless terminated earlier by you or the Supplier as provided for in this Licence.

LICENSEE’S OBLIGATIONS: The Licensee shall: (a) provide the Supplier with: (i) all necessary co-operation in relation to this Licence; and (ii) all necessary access to such information as may be required by the Supplier, in order to provide the Software, including security access information, configuration services, and access to Licensee’s computer systems or platforms (Licensee consents to such access); (b) without affecting its other obligations under this Licence comply with all applicable laws and regulations, including any of those relating to the export of data and software, with respect to its activities under this Licence; (c) carry out all other Licence responsibilities set out in this Licence in a timely and efficient manner; (d) ensure that you and any end users use the Software and the Documentation in accordance with the terms and conditions of this Licence and shall be responsible for breach of this Licence caused or contributed to by any acts or omissions on the part of any end user authorised by you to access or use the Software or Documentation; (e) obtain and shall maintain all necessary licences, consents, and permissions necessary for the Supplier, its contractors and agents to perform their obligations under this Licence, including provision of the Software; (f) ensure that its network and systems comply with the relevant specifications provided by the Supplier from time to time; (g) be solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to the Supplier’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Licensee’s or any end user’s network connections or telecommunications links or caused by the internet; (h) as between the parties, be responsible for responding to all third party requests concerning the use of the Software by the Licensee or any end user. You shall: (a) use all reasonable endeavours to prevent any unauthorised access to, or use of, the Software and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify the Supplier; and (b) comply with any further obligations set out in the Documentation that govern use of the Software.

TERMINATION: If the Supplier becomes aware or believes in its sole authority that Licensee or any end user breaches any terms of this Licence Supplier may immediately terminate, disable, or suspend access to the Software and, upon electronic notice to you, Licensee shall immediately suspend all relevant activities causing such breach or suspected breach. Both parties may terminate this Licence on 5 days written notice to the other sent via electronic means through the Software or the Supplier’s online portal. This Licence terminates automatically upon the end of the Term. The rights and remedies provided under this Licence are in addition to, and not exclusive of, any rights or remedies provided by law.

INDEMNITY: You shall defend, indemnify and hold harmless the Supplier against claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) arising out of or in connection with the Licensee’s or any end user’s use of the Software and/or Documentation.

LIMITATION OF LIABILITY: This Clause 8 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and subcontractors) to you or any end user: (a) arising under or in connection with this Licence; (b) in respect of any use made of the Software and Documentation or any part of them; and (c) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Licence. The Licensee assumes sole responsibility for results obtained from the use of the Software and the Documentation by the Licensee or any end user, and for conclusions drawn from such use. The Supplier shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to the Supplier by the Licensee or any end user in connection with the Software, or any actions taken by the Supplier at the Licensee’s direction; all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Licence; the Software and the Documentation are provided to the Licensee and the end users on an “as is” basis; and neither the Software nor the Documentation, are designed, made or intended for any of the Excluded Fields of Use. Nothing in this Licence excludes the liability of the Supplier: (a) for death or personal injury caused by the Supplier’s negligence; or (b) for fraud or fraudulent misrepresentation. The Supplier shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Licence; and the Supplier’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Licence and use of the Software or Documentation shall be limited to £100 OR the total Fees paid for the Software by you during the 12 months immediately preceding the date on which the claim arose.

CONFIDENTIALITY: The Software and Documentation are proprietary and confidential (Confidential Information) received from the Supplier by you in order to perform its obligations under this Licence. You shall hold the Confidential Information in confidence and, unless required by law, not make the Confidential Information available to any third party or use the Confidential Information for any purpose other than the implementation of this Licence. You shall take all reasonable steps to ensure that the Confidential Information to which you access is not disclosed or distributed by Licensee’s employees, agents, or end users in breach of the terms of this Licence.

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, CLICK ON THE "REJECT" BUTTON BELOW.

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