This is an agreement between Sappience, and You. It applies to the Sappience’ software application (“Application or Software”) You download from a Microsoft AppSource or other repository. This Agreement also applies to any updates and supplements for the Application, unless other terms accompany those items. If so, those terms apply. This Agreement is a legally binding agreement with Sappience, and You represent and warrant that You are authorized to enter into this Agreement on behalf of the corporation, partnership or other legal entity You are employed by or otherwise represent. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT INTEND TO ACCEPT THEM, YOU HAVE NO RIGHT TO (AND MUST NOT) DOWNLOAD OR USE THE SOFTWARE APPLICATION. If you comply with these license terms, you have the rights below. 1. LICENSE 1.1 Subscription to other Sappience’ Applications. Your ability to download and use the Software is subject to, and conditional upon, You having separately purchased, through a separate agreement with Sappience. You shall order the number and type of licenses You shall be using during the term of the Agreement by signing dedicate Subscription Agreement for defined period. The Parties confirm and acknowledge that this End User License Agreement shall not limit or amend any obligations, warranties or liabilities separately agreed by the Parties in their Subscription Agreement. 1.2. Scope of Use. The Applications is licensed, not sold. Sappience provides its own products as Software Service, as per its own licensing, based on and tailored with the products of Microsoft. 1.3 Restrictions on Use of the Software. You may use the Software Application only as expressly permitted in this Agreement. In doing so, You must comply with any technical limitations in the Software that only allow you to use it in certain ways. You will not: (A) distribute, rent, sell, transfer, assign, loan or grant any rights in the Software or any portion thereof in any form to any other party; (B) use the Software in any manner that is not an internal use which expressly excludes any (i) use as an information technology resource for an unrelated third party, or (ii) illegal activity; or (C) disassemble, de-compile, reverse engineer, modify, make derivative works or otherwise change the Software, in whole or in part. 2. SUPPORT. Sappience will provide maintenance and support for the Software in accordance with the type of subscription license and support packages You have purchased for the applicable Sappience Application through Your Subscription Agreement. You will allow Sappience access to the Software subject to Your security requirements or other standard procedures, during normal working hours for inspection, modifications and maintenance. 3. WARRANTIES. THE SOFTWARE IS PROVIDED BY SAPPIENCE TO YOU ON AN “AS IS” BASIS. SAPPIENCE HEREBY EXPRESSLY DISCLAIMS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, LACK OF ERRORS AND NON-INFRINGEMENT RELATED TO THE SOFTWARE. The warranties in this Agreement do not apply to problems caused by accident, abuse or use inconsistent with this agreement, including failure to meet minimum system requirements. These warranties do not apply to free or trial products, Previews, Limited Offerings, or to components of Products that Customer is permitted to redistribute. 4. LIMITATION OF LIABILITY 4.1. CONSEQUENTIAL DAMAGES EXCLUDED. IN NO EVENT WILL SAPPIENCE BE LIABLE TO YOU WITH RESPECT TO THE PROVISION OR USE OF THE SOFTWARE OR PURSUANT TO THIS AGREEMENT UNDER ANY THEORY (INCLUDING CONTRACT AND TORT) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE. DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF DATA, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF BUSINESS, AND/OR HARDWARE MALFUNCTION, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4.2. LIABILITY LIMIT. SAPPIENCE LIABILITY TO YOU WILL BE LIMITED TO THE FEES PAID BY YOU ON A MONTHLY BASIS FOR THE SOFTWARE, OR 1000 EUR, WHICHEVER IS LESS. 4.3. You control the access by End Users and are responsible for their use of the Product in accordance with this Agreement and Microsoft and Sappience policies. 5. PROPRIETARY INFORMATION. 5.1 Ownership of Intellectual Property. Sappience retains all right, title, interest and intellectual property and proprietary rights in and to the Software and all copies and derivative works thereof (by whomever produced). You will not acquire any rights therein by implication, estoppel or otherwise. Without limiting such prohibition, You hereby assign and agree to assign to Sappience all right, title and interest in and to any and all derivative works of the Software and any intellectual property or other materials created or generated, or any suggestions, enhancement requests, recommendations or other feedback provided by You, in connection with this Agreement. 6. GOVERNING LAW/VENUE. For any unsettled issues in the present Agreement the provisions of the applicable Bulgarian legislation shall be applied. All disputes deriving from or related to the Agreement, inclusively disputes deriving from or related to the interpretation, invalidity, fulfillment or termination of the Agreement as well as disputes arisen in regard to incompleteness in the Agreement or its adapting to newly occurred circumstances, shall be heard and resolved by the competent Bulgarian court in city of Sofia. 7. OTHERS You provide the right the name and logo of your company to be used in the Sappience’s marketing and advertising activities. You will undertake to assist the Sappience with the preparation of marketing materials (Presentation of the "Case Study/Use Case", reference articles, etc.), upon additional approval.