DATAMETICA: END USER LICENSE AGREEMENT FOR PELICAN: BY CLICKING ON THE “I AGREE” (OR SIMILAR BUTTON) OR DOWNLOADING, INSTALLING OR USING THE SOFTWARE AND THE SERVICES, YOU INDICATE YOUR ASSENT TO THE FOLLOWING TERMS OF THIS AGREEMENT. THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN “You” ,“Your” or “User” (EITHER IN AN INDIVIDUAL CAPACITY, OR IF ACCESSED OR USED BY OR FOR ANY COMPANY, AN AUTHORISED REPRESENTATIVE) AND DATAMETICA SOLUTIONS PRIVATE LIMITED("Licensor", "we", "us", "our'' or “DataMetica”). THIS EULA PROVIDES AND CAPTURES AN IMPORTANT LEGAL INFORMATION ABOUT THE LICENSE OF DATAMETICAS’ SOFTWARE NAMELY ‘PELICAN’ (THE “Software”) AND YOUR USAGE, INSTALLATION, DOWNLOAD AND ACCESS OF THE SOFTWARE AND RECEIVE SUPPORT THROUGH A FREE OR PAID SERVICE PROVIDED BY DATAMETICA (THE “Services”) AND LIABILITY OF THE PARTIES. BY DOWNLOADING, OR ACCESSING, OR INSTALLING AND USING THE SOFTWARE AND/OR SERVICES, YOU CONFIRM AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, WE ENCOURAGE YOU NOT TO NOT ACCESS, OR USE THE SOFTWARE AND THE SERVICES. Licensor and You are individually referred to as “Party” and collectively as “Parties”. GRANT OF LICENSE AND RESTRICTIONS Account Management: As a condition for Your use of the Services, You will be required to register with Azure market place https://azuremarketplace.microsoft.com/en-in/marketplace/ (“Website”) by providing appropriate details including but not limiting to personal information and transactional information (“Registration Information”) to the Website. You must ensure to provide the Website with accurate, complete, and updated Registration Information. Failure to do so shall constitute a breach of this EULA, which may result in immediate termination of Your Services. You shall be responsible for maintaining the confidentiality of Registration Information. By registering Your details with Website, You are eligible to purchase our Services and with such purchase You agree that we may contact You with important information relating to the Software or its Services. Restrictions: You shall not, directly or indirectly, i) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, alter, reproduce or otherwise make any changes to the Software, ii) use the Software in any manner to provide time-sharing, benchmarking or other computer services to third parties, except as expressly provided herein, or allow any third party to access or benefit from the functionality of the Software, iii) use the Software, or allow the transfer, transmission, export, or re-export of the Software or portion thereof in violation of any applicable export control laws or regulations, iv) use the Software for any illegal purposes or for any purpose other than the usage of the Software, v) allow use of the Software by anyone vi) use the Software to develop any competing or similar product, vi) use any of the Software’s components, add-ons, files, modules, externals, contents including associated license material separately from the Software, vii) upload, post, reproduce or distribute any information, Software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights. You acknowledge that the Licensor shall not be held liable for any claim or damage that may arise as a consequence of You granting access to the Software to any third party. You shall have no rights over the Software other than as specifically granted herein. All rights not specifically and unequivocally granted to You are reserved by the Licensor. USER’S RESPONSIBILITIES Compliance with Laws: You shall comply with all applicable local, state, national and foreign laws in connection with its use of the Software, including those laws related to data privacy, international communications, and the transmission of technical or personal data. You acknowledge that the Licensor exercises no control over the content of the information transmitted by You through the Software. Unauthorized Use; False Information: You shall: (i) report to the Licensor immediately and use reasonable efforts to stop any unauthorized use of the Software that is known or suspected by You, and (ii) not provide false identity information on the Website to gain access to or use the Software. Access: You shall be solely responsible for the acts and omissions. Licensor shall not be liable for any loss of data or functionality caused directly or indirectly by the acts or omissions. You acknowledge that You are required to obtain Licensor’s consent for any automatic processes/ integration or data migration done through the Software. SERVICES For Paid Services: The Website lists the Software for subscription for accessing and using the Software and support as available on the Website. The license to use, and access the Services is granted to You till the period of usage by You subject to the applicable payment of fees for such usage. Contact at sales.pelican@datametica.com or https://www.datametica.com/contact-us/ for the details. The subscription of the Software cannot be shared and can be used on one Platform at a time. Any upgrades, new versions or enhancements in the Software shall be granted to the User under the same license at no additional costs. Support and Maintenance Services: Support and maintenance services shall be available to the User at an additional cost. For any support services, kindly contact to https://www.datametica.com/contact-us/ or support.pelican@datametica.com FEES In consideration of the Services provided under this EULA by the Licensor, User shall pay us the subscription fees in advance for the Services opted for and agreed to, on the Website through the payment modes available on the Website for which the invoices shall be raised from the Licensor. We may at our discretion choose to terminate Your subscription in the event You are in breach of any of the terms under this EULA, in which case, we shall notify You about the same in writing. In case if you choose to unsubscribe the Services, the refund shall be subject to the then applicable refund policy as may be displayed on the Website and the Licensor shall not be responsible for any refund. WARRANTY USER ACKNOWLEDGES THAT THE SOFTWARE AND ITS SUBSCRIPTION ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR COVENANTS WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY EXPRESS, STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING OTHERWISE IN LAW OR EQUITY OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND EXCLUDED. THE SOFTWARE AND ITS SUBSCRIPTION MAY CONTAIN DEFECTS, BUGS OR ERRORS. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY OF THE SOFTWARE AND ITS SUBSCRIPTION WILL MEET USER’S REQUIREMENTS, THAT THE OPERATION OF THE SUBSCRIPTION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SUBSCRIPTION WILL BE CORRECTED. USER ACKNOWLEDGES THAT LICENSOR DOES NOT CONTROL THE ACCURACY, TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SUBSCRIPTION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES, HOWSOEVER CAUSED IN CONNECTION WITH THIS EULA EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. INTELLECTUAL PROPERTY RIGHTS Any and all rights to the Services, Software, documentation and branding thereof including title, ownership rights and intellectual property rights such as copyrights, trademarks, service marks and patents therein is the sole and exclusive property of Licensor. This EULA does not grant You any rights, title and interest in and to Software, documentation, its contents, and branding thereof including the Licensor’s intellectual property rights. Any rights not expressly and unequivocally granted are reserved. New versions will be licensed under separate license terms. From time to time, You may provide feedback, suggestions, requirements or recommendations (“Feedback”) regarding the Software or the Services. You hereby assign to the Licensor all right, title and interest into such Feedback and an exclusive right to create any developments based on such Feedback. CONFIDENTIALITY The Software provided under this EULA contains valuable trade secrets and is the confidential information of the Licensor. You shall not disclose, provide or otherwise make available the Software to any third party, except as expressly granted under this EULA. You agree to use all commercially reasonable precautions to protect the confidentiality of the Software and shall secure from all third parties having access to the Software, as per the terms of this EULA, and commit to maintain the Software in confidence. You agree that under no circumstances the Licensor or its affiliates or subsidiaries shall be held responsible or liable for any loss, damage or harm caused due to Your reliance on information obtained from the Software. The confidentiality obligations stated herein shall survive perpetually from the date of termination or expiration of this EULA. INDEMNITY You shall indemnify, hold harmless and defend Licensor, its officers, agents, directors, affiliated companies, and their employees, against all claims, losses, liabilities costs or damages arising out of or in connection to (i) breach of or violation of applicable laws and regulations or (ii) use of the Software other than as permitted under this EULA, or iii) a third party claim made against Licensor for infringement or misappropriation based upon following Your conduct: Your combination or use of the Software with software, hardware, services, or products developed by You or third parties, (iv) any personal injury, disease or death of any person(s), damage to or loss of any property caused by, arising out of or in any way connected with the performance of Services and work under this EULA, including without limitation any injury, death or property damage caused by or attributable to (1) the negligence of You, Your subcontractors, invitees or suppliers (including without limitation the respective employees, contractors or agents of the foregoing); or (2) where liability with or without fault is strictly imposed by operation of law, (v) any claims on the Licensor for any misuse or breach of any data privacy laws by You, and Yours subcontractors, invitees or suppliers (including without limitation the respective employees, contractors or agents of the foregoing). LIMITATION OF LIABILITY NOTWITHSTANDING ANY OTHER TERM OF THIS EULA TO THE CONTRARY, IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES OR LOSS OF ANY KIND, HOWSOEVER CAUSED IN CONNECTION WITH THIS EULA OR OTHERWISE EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE MAXIMUM LIABILITY OF LICENSOR SHALL BE LIMITED TO THE FEES RECEIVED BY LICENSOR FROM YOU IN THE THREE (3) MONTHS PERIOD IMMEDIATELY PRECEDING EVENT GIVING RISE TO SUCH CLAIM UNDER THE APPLICABLE ORDER. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN. TERM AND TERMINATION If You wish to terminate this EULA, You may immediately stop accessing or using the Services under the Software. Your right to access and use the Software, terminates automatically upon Your material breach of any of the terms of this EULA. Licensor reserves the right to terminate this EULA, without any prior notice to You. Survival: Provisions such as, clause 1(b) Restrictions clause 5 (Warranty), clause 6 (Intellectual Property Rights), clause 7 (Confidentiality), clause 8 (Indemnity), clause 9 (Limitation of Liability) shall survive any termination. NON-COMPETE You understand, agree and acknowledge that You shall not use the Software in any manner to assist or take part in the development, marketing, or sale of a product potentially competitive with the Software. INTERPRETATION This EULA will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a Party merely because that Party (or the Party's legal representative) drafted this EULA. The headings, titles, and captions contained in this EULA are merely for reference and do not define, limit, extend, or describe the scope of this EULA or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this EULA includes the masculine, feminine, and neuter, and (b) the word "including" means "including, without limitation”. FORCE MAJEURE Notwithstanding anything provided herein, the Licensor shall not be held reasonable or liable for any damage or loss due to deficiency in performance of Services, resulting directly or indirectly, from act of God, including, without limitation, internet failures, computer equipment failures, change in law, telecommunication equipment failures, Software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots, pandemics and any other reason beyond control of the Licensor. SEVERABILITY In the event that any of the provisions of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable. WAIVER Failure to exercise, or any delay in exercising, any right or remedy provided under this EULA shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this EULA or by law shall preclude or restrict the further exercise of that or any other right or remedy. GOVERNING LAWS This EULA and all rights and obligations under this EULA shall in all respects be governed by and construed and enforced in accordance with the laws of India and the courts of Pune shall have an exclusive jurisdiction to adjudicate any subject matter under this EULA. AUDIT Licensors shall have the right to audit during business hours and upon reasonable prior notice in order to verify that the Software is being used in compliance with this EULA. Notwithstanding anything to the contrary contained herein, Licensor shall be entitled to introduce patches and / or other programs to monitor Your usage of the Software, in order to ensure that Your usage of the Software is in accordance with this EULA. PUBLICITY By accepting this EULA, You agree to; (i) be included in the list of customers on Licensor’s website, (ii) allow a press release. Optionally, You may agree to participate in speaking engagements in webinars and industry events at their discretion upon request. ENTIRE AGREEMENT This EULA constitutes the entire agreement between the Parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the Parties pertaining to the subject matter hereof are inapplicable. Neither the rights nor the obligations arising under this EULA are assignable or transferable by You, and any such attempted assignment or transfer shall be void and without effect. GENERAL You agree to use the Software and Services at Your own risk. If You have any questions, complaints or claims with respect to the Software or Services, You should contact https://www.datametica.com/contact-us/ or sales.pelican@datametica.com “I Agree”