End-User License Agreement This End-User License Agreement ("EULA") is a legal agreement between you and GWS Gesellschaft fuer Warenwirtschafts-Systeme mbH, Willy-Brandt-Weg 1, 48155 Muenster ("GWS"). 1. OBJECT OF THESE TERMS AND CONDITIONS OF LICENSING The following terms and conditions shall apply for the provision and utilization of the app "Customer Loyalty Program" ("software") by GWS including if applicable any updates. The software is based on Microsoft Dynamics 365 Business Central. The terms shall not apply for any additional services such as installation, integration and adaptation of the software. By downloading, installing or using the software, or attempting to do any of these, you accept these terms and conditions. 2. LICENSING GRANT GWS hereby grants you a personal, non-transferable, non-exclusive license to use the software on your devices in accordance with the terms of this EULA. You are responsible for ensuring your device meets the minimum requirements of the software. You are not permitted to: -Edit, alter, modify, adapt, translate, or otherwise change the whole or any part of the software. -Combine or incorporate the whole or any part of the software with or into any other software. -Decompile, disassemble, or reverse engineer the software. -Reproduce, copy, distribute, resell, or otherwise use the software for any commercial purpose. -Allow any third party to use the software on behalf of or for the benefit of any other third party. -Use the software in any way which breaches any applicable local, national, or international law. -Use the software for any purpose that GWS considers to be a breach of this EULA. 3. INTELLECTUAL PROPERTY AND OWNERSHIP GWS shall always retain ownership of the software as used or downloaded by you and all subsequent uses or downloads of the software by you. The software, the copyright of the software, and other intellectual property rights in the Software (including any modifications made thereto) are and shall remain the property of GWS. GWS reserves the right to grant licenses to use the software to third parties. 4. EXPIRY OF UTILIZATION RIGHTS, TERMINATION FOR CAUSE This EULA is effective from the date you first use the software and shall continue until terminated. It will also terminate immediately if you fail to comply with any term of this EULA. Upon such termination, the licenses granted by this EULA will immediately terminate and you agree to discontinue all access and use of the software. The provisions that by their nature continue and survive will survive any termination of this EULA. 5. DEFECTS OF MATERIAL AND DEFECTS OF TITLE GWS warrants that the software, at the time of transfer of the risk and if used as intended, has the contractually agreed characteristics. The software shall be deemed to be defective if it deviates from the agreed characteristics to a more than insignificant extent and/or if it infringes upon third party property rights in the Federal Republic of Germany or in the country of destination expressly agreed between the parties. With the provision of updates, the liability for defects is limited to the new features of the updates towards the actual present version. In case of defects, GWS shall fulfil his warranty obligations by providing rectification. GWS shall have the right to, at his option, either provide you with a new version of the software, which is free of defects, or to eliminate the defect. A defect shall also be deemed to have been eliminated if GWS demonstrates to your reasonable possibilities of avoiding the consequences of the defect. Warranty claims must be asserted to GWS in writing and should include as detailed a description as possible of the symptoms occurred. You shall provide reasonable support to GWS in the elimination of the defect and shall in particular comply with the measures and suggestions by GWS for the purpose of eliminating the defect. Should two attempts at rectification fail, you shall have the right to set an adequate period of grace for the elimination of the defect. In this context you shall expressly declare in writing that you reserve the right to withdraw from the contract and/or to claim damages should rectification fail again. Guarantees assumed by GWS must be provided in writing in order to be valid. The warranty period shall be 12 months from the date of delivery, unless agreed otherwise. 6. LIABILITY In all events of contractual and non-contractual liability GWS shall render indemnity solely within the scope of the following limitation a. In the event of intentional acts or gross negligence the full amount as well as with absence of a condition which was guaranteed by GWS. b. In other events of a negligent breach of essential contractual obligations only. In this case GWS shall only be liable for damage which is foreseeable. In this case the liability is limited to the sum of EUR 30,000.00 per event, and to a total sum of not more than EUR 100,000.00. The limitation of liability with definition above shall not apply to liability for personal damage nor to liability under the Produkthaftungsgesetz (German product liability act). Liability according to for consequential damage, such as loss of profits and indirect damage shall be excluded. 7. GOVERNING LAW, PLACE OF JURISDICTION, PARTIAL INVALIDITY The governing law shall be the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Muenster, Germany, has been agreed as the place of jurisdiction. Should one or several of the provisions above be invalid, whether entirely or in part, this shall not affect the validity of the remaining provisions.