NTI Data Warehouse as a Service EULA THIS END-USER LICENSE AGREEMENT IS FOR NIHILENT’S DATA WAREHOUSE AS A SERVICE SOLUTION (“Data Warehouse as a Service”). IT IS IMPORTANT THAT YOU READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE USE OF THIS SOFTWARE SOLUTION: Nihilent Technologies, Inc’s (“NTI”) End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and NTI for the Data Warehouse as a Service SOFTWARE SOLUTION identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE SOLUTION”). By using the SOFTWARE SOLUTION, you agree to be bound by the terms of this EULA. This license agreement and the NTI SOFTWARE SUBSCRIPTION AGREEMENT that is being executed concurrent with this license agreement represent the entire agreement concerning the program between you and NTI, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not use the SOFTWARE SOLUTION. The SOFTWARE SOLUTION is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE SOLUTION is licensed, not sold. 1. GRANT OF LICENSE. 
The SOFTWARE SOLUTION is licensed as follows: a. Use. NTI grants you a nonexclusive, non-assignable, limited license to use the SOFTWARE SOLUTION in accordance with the NTI Software Purchase Agreement, which is incorporated herein by reference. b. Microsoft Cloud Agreement & Usage Rights. The SOFTWARE SOLUTION is hosted on the Microsoft Cloud using a CSP (Cloud Solution Provider) model. The Microsoft Cloud Agreement is attached. 2. SUBSCRIPTION TERM. a. The license to use the SOFTWARE SOLUTION is granted to you for a subscription period as detailed in the NTI Software Subscription Agreement (“Subscription Period”). b. The Subscription Period shall be effective from the time your subscription is activated by NTI and thereafter continues in effect until the date of termination as set forth in the NTI Software Subscription Agreement. 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. a. Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE SOLUTION. b. Distribution.
You may not distribute copies of the SOFTWARE SOLUTION to third parties. c. Prohibition on Reverse Engineering, Decompilation, and Disassembly.
 You may not reverse engineer, decompile, or disassemble the SOFTWARE SOLUTION, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. d. Rental.
 You may not rent, lease, or lend the SOFTWARE SOLUTION.
 e. Support Services/Additional Software.
 NTI may provide you with support services related to the SOFTWARE SOLUTION (“Support Services”).
 f. Consent to Use of Data. You agree that NTI and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the SOFTWARE SOLUTION. NTI may use this information solely to improve its products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. g. Compliance with Applicable Laws.
 You must comply with all applicable laws regarding use of the SOFTWARE SOLUTION. 4. TERMINATION. 
Without prejudice to any other rights, NTI may terminate this EULA if you fail to comply with the terms and conditions of this EULA and/or the NTI Software Subscription Agreement. 5. COPYRIGHT/OWNERSHIP. 
All title, including but not limited to copyrights, in and to the SOFTWARE SOLUTION and any copies thereof are owned by NTI. All title and intellectual property rights in and to the use of the SOFTWARE SOLUTION is the property of NTI and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by NTI. 6. NO WARRANTIES. NTI expressly disclaims any warranty for the SOFTWARE SOLUTION. The SOFTWARE SOLUTION is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. NTI does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE SOLUTION. NTI makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm or other such malicious computer programs. NTI further expressly disclaims any warranty or representation to Authorized Users or to any third party. 7. LIMITATION OF LIABILITY
. In no event shall NTI be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the SOFTWARE SOLUTION, even if NTI has been advised of the possibility of such damages. In no event will NTI be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. NTI shall have no liability with respect to the content of the SOFTWARE SOLUTION or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. 8. APPLICABLE LAW. This EULA is governed by the laws of the State of Minnesota. With respect to any dispute which may arise hereunder, you consent to the jurisdiction of the federal and state courts Minneapolis, Minnesota. 9. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE SOLUTION) is the entire agreement between you and NTI relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any NTI policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.