End User License Agreement ("EULA") for PTGui and PTGui Pro Effective Date: 1 March 2024 The software programs PTGui and PTGui Pro ("Software") are licensed, not sold. By installing, copying or otherwise using the Software you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you are not permitted to install, copy or use the Software. 1. Grant of a Limited Use License Upon payment of all applicable fees and subject to the terms of this EULA, New House Internet Services B.V. ("NHIS") grants you a non-exclusive, non-transferable license to install and use the Software. 2. License Types and Additional Restrictions For the Software NHIS issues four different license types: - personal license - company license - trial license - floating license Depending on the type of license that you obtained, your rights are restricted by either section 2a, 2b, 2c or 2d: 2a. Additional Restrictions for the personal license A personal license is issued to a specific natural person ("Licensee"). Upon payment of all applicable fees NHIS will issue a license key ("Personal License Key") to the Licensee. The right to use the Software is limited to the Licensee. For personal licenses purchased on or after 15th of September 2021: The Software may be activated with the same Personal License Key on up to two computers, for personal use by the Licensee only. For personal licenses purchased before 15th of September 2021: The Software may be activated with the same Personal License Key on up to three computers, for personal use by the Licensee only. 2b. Additional Restrictions for the company license A company license is issued to a company or organization ("Licensee"). The company license is valid for a specific number of seats ("Seat"). Upon payment of all applicable fees NHIS will issue one or more license keys ("Company License Key") to the Licensee. Each Company License Key is valid for one or multiple Seats. Each Seat permits activation of the Software on one computer owned or leased by the Licensee. On such computer the Software may be used by any person. If the Software is installed in a virtual machine, each virtual machine counts as a single computer and requires a separate Seat. If the Software's user interface is exposed from one computer ("Server") to other computers ("Clients"), for example through Terminal Services, Remote Desktop, VNC, or a similar technology, separate Seats must be purchased for each Client computer in addition to the Server's Seat. 2c. Additional Restrictions for the trial license The trial license applies whenever you run the Trial Version of the Software, and applies to the Trial Version of the Software only. The Trial Version may have limited functionality and the output files it generates contain a visible watermark. You may only publish files generated by the Trial Version if you leave the watermark intact. The Trial Version is provided for evaluation only and it may not be used for any commercial activity. The Trial Version may cease to function after a certain date. 2d. Additional Restrictions for the floating license A floating license is issued to a company, organization or natural person ("Licensee"). The floating license is valid for a specific number of concurrent users ("Concurrent Users"). Upon payment of all applicable fees NHIS will issue one or more license keys ("Floating License Key") to the Licensee. Each Floating License Key is valid for a specific number of Concurrent Users. The Software may be installed on any number of computers owned or leased by the Licensee, but the number of simultaneous users is limited to the number of Concurrent Users permitted by the floating license. Access to the software is controlled by a license server, operated by NHIS. The license server continuously tracks the number of Concurrent Users, Therefore the floating license requires continuous internet access while the Software is being used. If the Software's graphical user interface is exposed from one computer ("Server") to other computers ("Clients"), for example through Terminal Services, Remote Desktop, VNC, or a similar technology, and the Server is using a floating license, only one Client per Server is permitted to use the Software concurrently. A floating license may be used only on computers owned or leased by the Licensee. Renting, leasing, lending, redistributing, transferring, sublicensing or otherwise providing access to a floating license to third parties is not permitted. 3. License Model The Software can be licensed as (3a) a perpetual license, or as (3b) a subscription license: (3a) A perpetual license gives Licensee the right to perpetually use the version of the Software available at the time of purchase. Additionally, Licensee is entitled to free upgrades to all versions of the same product released within 12 months from the date of purchase. The standard and Pro versions of PTGui are regarded to be different products in this respect. The updates can be downloaded from the PTGui website. (3b) A subscription license gives Licensee the right to use the latest version of the Software during the subscription period ("Subscription Period"). The Subscription Period is defined by NHIS and communicated to Licensee at the time of purchase. At the end of the Subscription Period Licensee can choose to renew the subscription license by paying the applicable subscription fee. If the subscription license is not renewed, the license is terminated when the Subscription Period ends and Licensee no longer has any right to use the Software. Licensee may opt for automatic renewal, in which case NHIS will attempt to charge the applicable fees from the stored payment method at the end of the Subscription Period, and, if successful, renew the subscription license. Automatic renewal is voluntary. Both Licensee and NHIS have the right to disable automatic renewal at any time. 4. General License Terms You may not transfer or assign your rights under this EULA to another party without NHIS's prior written consent. You may make backup copies of the Software for disaster recovery purposes. You may not sell, sublicense, redistribute, reproduce, transmit, circulate, disseminate, translate Software or reduce Software to or from any electronic medium or machine readable form without NHIS's prior written consent. You may not decompile, reverse engineer, disassemble, modify, adapt, create derivative works from, or otherwise attempt to derive, any portion of Software. 5. Termination Without prejudice to your payment obligations, you may terminate your license at any time by uninstalling the Software from all computers and destroying all copies of the Software and destroying all copies of your License Key(s) and signing and returning this form to NHIS: https://www.ptgui.com/LOD.html NHIS may terminate your license and disable access to the Software without prior warning, in the event that you materially breach the terms of this EULA. A subscription license is terminated automatically at the end of the Subscription Period if not renewed, as set forth in section 3b. 6. Ownership. You acknowledge that NHIS and its licensors retain ownership of the Software. NHIS reserves any rights not expressly granted to you. The rights granted are limited to NHIS's and its licensors' intellectual property rights in the Software and do not include any other patents or intellectual property rights. 7. Support NHIS will be happy to answer any technical support questions in the public PTGui support forum. NHIS will not provide private technical support via email, telephone or otherwise. 8. Confidentiality You agree to keep your License Key(s) confidential. You acknowledge the fact that the License Key is a means for NHIS to protect its intellectual property and that publication or distribution of your License Key causes damages to NHIS. 9. Product Activation and Deactivation The Software requires online activation ("Activation") before it can be used. Through Activation NHIS keeps track of the number of computers on which the Software is installed. Through Activation NHIS is able to prevent uses of the Software that are not permitted under this EULA or under applicable copyright regulations. Activation requires internet connectivity. Activation locks a license or Seat for a certain period, to be determined by NHIS ("Activation Period") to a specific Computer ID (as defined below) and reduces the number of remaining permitted installations by one. The Computer ID consists of the brands, models and serial numbers of certain hardware components in the computer. Activation, Re-Activation and Deactivation send the following data to NHIS in encrypted form: the Computer ID, the version numbers of the Software, the version and type of Operating System, the License Key. Also, the computer's host name / network name is transmitted, for the purpose of identifying a particular computer in the list of activated computers. (9a) For a personal license and for a company license: Re-activation ("Re-Activation") will be necessary periodically, after the Activation Period has expired. Re-Activation extends the Activation Period on a given computer. The Software will perform automatic Re-Activation in the background at regular intervals without prior notification. Re-Activation will also be necessary if the Computer ID has changed as result of modifications to hardware components in the computer. You are also given the option to deactivate a computer ("Deactivation"). Deactivation renders the Software unusable on a previously activated computer. Deactivation can be done either directly from the activated computer, or remotely by NHIS. Requests for deactivation may incur a processing time of up to 24 hours. After the deactivation has completed, the number of remaining permitted installations is increased by one so the Software can be activated on another computer. (9b) For a floating license: activation is performed continuously while the software is being used. Upon closing the Software, automatic deactivation is performed, after which the license is available for use on another computer. 10. Update checking The Software includes functionality to check for new versions of the Software ("Update Check"). the Update Check may be performed in the background without prior notification. In order to provide you with a direct download link for updates, the Software may transmit your License Key to NHIS as part of this process. 10. Internet Connectivity Certain functionality, including Activation, Re-Activation, Deactivation and Update Check require internet connectivity. The Software may connect to Internet in the background without prior notification. Your Internet Service Provider may charge you for this internet connectivity. 12. Your feedback to NHIS You may submit feedback, suggestions, ideas or other intellectual property ("Feedback") to NHIS. Feedback shall be deemed non-confidential and non-proprietary. By submitting Feedback you give permission to NHIS to use Feedback in any way and for any purpose whatsoever, commercial or otherwise, without any compensation or credit obligation to you or any third party. 13. EULA changes NHIS may update the EULA from time to time. Updates will be reflected by the EULA Effective Date. Every version of the Software will remain licensed under the terms of the EULA in effect at the Software version's release date. 14. Refund Policy NHIS provides a trial version of the Software for evaluation purposes. Please evaluate the trial version carefully before purchasing. All purchases are final, no refunds are given. 15. Taxes Your payments under this EULA exclude any taxes or duties payable in respect of the Software in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by NHIS, you must pay to NHIS the amount of such taxes or duties in addition to all applicable fees. 16. Acceptance Any order ("Order") is accepted at the sole discretion of NHIS. NHIS reserves the right to reject your Order for any reason without further liability. In case of rejection of your Order NHIS will refund any outstanding payments within 5 working days from the date of payment. Buyers's conditions of purchase shall be deemed not applicable unless expressly accepted by NHIS in writing. 17. Limitations YOU MAY NOT REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE, EXCEPT AND ONLY TO THE EXTENT EXPRESSLY PERMITTED BY APPLICABLE LAW. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. 18. Restricted Uses THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 19. Limited Warranty NHIS warrants for a period of thirty (30) days from the date of purchase of your License that the Software as provided by NHIS will perform substantially in accordance with the accompanying documentation. NHIS's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at NHIS's option, replacement of the Software, refund of the purchase price or repair or replacement of the Software which is returned to NHIS or an NHIS authorized representative with a copy of the receipt. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY NHIS AND NHIS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER COLLATERALLY, BY STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. NHIS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NHIS OR AN NHIS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NHIS'S NEGLIGENCE. 20. Exclusion and Limitation of Remedies and Damages. IN NO EVENT WILL NHIS, ITS PARENTS, SUBSIDIARIES, OR ANY OF THEIR LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION AND THE LIKE) OR DIRECT LOSS OF BUSINESS, BUSINESS PROFITS OR REVENUE, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM (WHETHER UNDER CONTRACT, NEGLIGENCE OR OTHER TORT OR UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TOTAL LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER HOWSOEVER CAUSED (WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) WILL BE LIMITED TO THE MONEY PAID FOR THE SOFTWARE THAT CAUSED THE DAMAGES. YOU AGREE THAT THIS LIMITATION OF REMEDIES AND DAMAGES PROVISION SHALL BE ENFORCED INDEPENDENTLY OF AND SURVIVE THE FAILURE OF ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY. THIS LIMITATION WILL NOT APPLY IN CASE OF DEATH OR PERSONAL INJURY CAUSED BY NHIS'S NEGLIGENCE ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION OF LIABILITY IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THIS LICENSE AFFECTS OR PREJUDICES THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS. 21. General Terms This License shall be governed by the laws of The Netherlands. Any action or proceeding brought to enforce the terms of this License or to adjudicate any dispute arising hereunder shall be brought in the courts of The Netherlands and you hereby irrevocably submit to the jurisdiction of such courts for the purpose of such action, suit or proceeding. This License constitutes the entire agreement between you and NHIS with respect to the Software licensed under these terms, and it supersedes all prior or contemporaneous agreement, arrangement and understanding regarding such subject matter. You acknowledge and agree that you have not relied on any representations made by NHIS, however, nothing in this License shall limit or exclude liability for any representation made fraudulently. No amendment to or modification of this License will be binding unless in writing and signed by NHIS. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. No failure or delay by NHIS in exercising its rights or remedies shall operate as a waiver unless made by specific written notice. No single or partial exercise of any right or remedy of NHIS shall operate as a waiver or preclude any other or further exercise of that or any other right or remedy.