END USER LICENSE 1. Definitions Unless otherwise apparently resulting from the context of this License, the terms set out below shall have the following meanings: Licensor, apoQlar - means apoQlar GmbH with registered office in Hamburg (20099 Hamburg) at 18a Koppel. Licensee - means a natural person (who is not a consumer within the meaning of the Civil Code), a legal person or an organizational unit that is not a legal person, that uses the Software; Software - means apoQlar software in the scope of Virtual Surgery Intelligence, intended for research and training purposes, including: All Medical fields and functions as placement, natural rendering, documentation and sharing. Documentation - documentation belonging to the Software, including in particular the instruction manual and other documents related to the Software, needed for its proper use (including their electronic versions); Updates - software updates in order to remove defects and improve the product. 2. Subject of the License 1. The subject of the License is Software and Documentation. This License also applies to the updates of the Software and Documentation. 2. The Licensor is entitled to make changes to the Software in the form of updates, but he is not obliged to make them. 3. The subject of this license does not include the release of the source code. 4. apoQlar is not obliged to keep the parameters of the Software that are not indicated in the Documentation. The opposite commitment cannot be derived in particular from other descriptions of the Software in public statements of apoQlar, marketing and advertising materials, unless apoQlar has explicitly confirmed such properties in writing. 5. Any assurances of apoQlar personnel made prior to granting this License shall be binding only if they have been confirmed in writing by the apoQlar Management Board. 3. Scope of the license 1. The Licensee is entitled to use the Software in accordance with the terms of the License. 2. The Licensor grants Licensee the License to use the Software and Documentation, in the following fields of exploitation: a. the use of the Software and Documentation, in unchanged form, solely for research and training purposes; b. reproduction of the Software only to the extent that it is necessary for the use of the Software for the needs of the Licensee; c. processing by the Software of data entered by the Licensee. 3. This License: a. is granted for the period of 6 months; b. is limited to the territory of Germany, UK, Italy, France, Switzerland, Austria c. is non-exclusive, d. does not authorize to grant sub-licenses, e. is non-transferable. 4. Modifications, extensions, development of the Software are only allowed to the Licensee if the law expressly requires it. 5. The licensee is not entitled, except as indicated in the mandatory provisions of the law, to make reverse engineering of the Software, its decompile, disassemble, read the source code of the Software, as well as to create pieces of work that depend on the Software. 6. The licensee is not entitled to lend for use, rent, lease, share, reproduce, display, distribute and translate the Software or Documentation. 7. The licensee is not entitled to remove or change trademarks and information about the Licensor contained in the Software. 4. Making copies Licensee is not authorized to make copies of the Software, except to make one (1) copy for security purposes, if it is necessary to secure the future use of the Software. The simultaneous use of backup copy and from the Software, as well as the use of backup copies for purposes other than the replacement of the original Software, is not permitted. 5. Licensor's liability 1. The Software is not a medical device within the meaning of Council Directive 93/42/EEC of 14 June 1993 on medical devices nor Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amendments to Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and the repeal of Council Directives 90/385/EEC and 93/42/EEC. apoQlar does not bear any responsibility for the Licensee's use of the Software for diagnosis, prevention, anticipation, prognosis, treatment, alleviation or compensation of illness, injury or disability, as well as for the purpose of examining, replacing or modifying the anatomy or process or physiological or disease state. 2. apoQlar is not liable for damages caused by the Licensee's taking or abandoning actions based on data or information obtained directly or indirectly from the Software, both in relation to losses suffered and lost by the Licensee or a third-party benefits. 3. apoQlar does not guarantee to the Licensee continuous, uninterrupted, trouble-free operation of the Software. 4. apoQlar bears full and unlimited liability only when such liability is provided by mandatory legal provisions. In other cases, apoQlar is not liable for any damages (both in terms of real losses – damnum emergens, and lost profits - lucrum cessans) caused by Software defect and for any consequences, direct or indirect, associated with the use of the Software, the inability to use it, or malfunction. 5. apoQlar does not give any guarantee for the proper functioning of the Software to the Licensee. 6. In addition, apoQlar excludes the liability under the warranty for the Software. 6. Violation of the license terms 1. In the case of termination of the License, the right of the Licensee to legally use the Software expires and the Licensee is obliged to stop using the Software. 2. The Licensor has the right to control and protect copyrights, including through the use of mechanisms for checking the legality of serial or license keys and identification marks of the Software used by the Licensee. 7. Final Provisions 1. If any part of this License is invalid or unenforceable, this shall not affect the remainder of the License, which shall remain valid and enforceable in accordance with its terms. 2. In addition to the rights expressly set out in the License, the Licensor does not grant the Licensee any other rights either expressly or otherwise. All copyrights exceeding the scope of the License granted to the Licensee are protected. 3. In matters not covered by the License, the applicable provisions of German law shall apply. 4. All disputes regarding the License shall be resolved before a common court having jurisdiction over the seat of the Licensor. 5. This License enters into force on the first day of making available Software for the Licensee.