END USER LICENSE AGREEMENT (EULA)

Datalogics™ Software Product

This End User License Agreement (“EULA”) accompanies the Datalogics™ software product (“Software”) and any related explanatory materials and samples (“Materials”) provided to you by Datalogics, Inc. an Illinois corporation located at 1207 Delaware Ave., Suite # 1810, Wilmington, DE 19806 (“Datalogics”). The term “Software” shall also include any upgrades, modified versions or updates of the Software and Materials.

This EULA is entered into in conjunction with a sales quotation from Datalogics for the Software (“Quotation”), the terms of which are incorporated herein by reference. Please read this EULA carefully before indicating acceptance at the end of the text. If you do not agree to the terms, decline where instructed and you will not receive access to the Software.

1. License Grant and Restrictions

a. Subject to the terms and conditions set forth in this EULA, Datalogics hereby grants to you a worldwide, nonexclusive, nontransferable license during the term of this EULA to use the Software on the number of servers and processor cores listed in your Quotation and integrate the Software into your own application (“Host Application”).

b. If the Type field of your Quotation specifies “SaaS”, the Host Application may be a service made available over the internet to external users.

c. If the Type field of your Quotation specifies “End-User”, the Host Application may be made available to your own employees through your own internal network.

d. If the Software listed on your Quotation is “Forms Extension”, the Software may be used solely in a server-side workflow Host Application.

e. You are not licensed to sell, redistribute, sublicense or otherwise provide the Software to others in any form without the specific written consent of Datalogics.

f. You may not modify the Software, or decompile, reverse assemble, disassemble or otherwise reverse engineer or reduce any software provided solely in binary or object code form into human readable source code.

g. You may download an additional copy of the Software at any time via the same method you received your initial copy.

h. You may make one copy of the Software for backup and archival purposes.

2. Proprietary Rights

a. The structure and organization of the Software is proprietary to Datalogics and its suppliers, and the respective owner retains exclusive ownership of the Software and its trademark.

b. You agree not to delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of Datalogics and its suppliers appearing on or within the Software.

c. Third party suppliers may be the owners of certain proprietary information and intellectual property rights included in the Software and the Materials.

d. Software may include technology owned and developed by Adobe Inc., 345 Park Avenue, San Jose, CA 95110-2704 distributed in accordance with an agreement between Adobe and Datalogics (“Adobe Enabling Agreement”).

e. Software may include technology from callas software GmbH, Schoenhauser Alle 6/7, 10119 Berlin, Germany and is distributed in accordance with an agreement between callas and Datalogics (“callas Enabling Agreement”).

f. Upon any termination of the Adobe Enabling Agreement or callas Enabling Agreement, you are permitted the continued and uninterrupted use of the Software for the balance of the term of this EULA, provided that and so long as you are not in default of the EULA.

g. Datalogics and its product names are trademarks of Datalogics, Inc. Other trademarks are the property of their respective trademark owners.

3. Software Maintenance and Support

a. Datalogics may, at its sole discretion, modify the Software and/or the Materials and deliver modified copies to you.

b. Report suspected errors in the Software via electronic mail to the email address specified in your download instructions.

c. Datalogics will maintain older versions of the Software on an older version of an operating system for six (6) months following release of a new version.

4. Payment and Pricing

a. Your pricing and payment terms will be listed in the Quotation.

b. Subscriptions are billed annually in advance unless otherwise specified in the Quotation.

c. Datalogics bank details will be provided on each invoice sent to you.

d. Prices and fees for products and services are exclusive of all federal, state, municipal, or other government, excise, sales, use, occupational, or like taxes.

e. If you notify Datalogics of a dispute relating to an invoice, both parties agree to work in good faith to resolve the dispute.

f. Terms of any purchase order which differ from those contained herein will be considered invalid unless agreed to in writing by an officer of Datalogics, Inc.

5. Privacy Policy

The Software does not store any personal information about users.

6. Warranty Disclaimer

NEITHER DATALOGICS NOR ITS SUPPLIERS MAKE ANY WARRANTY TO YOU, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER WITH RESPECT TO THE SOFTWARE.

7. Limitation of Liability

a. No action regardless of form may be brought by either party more than two (2) years after the cause of action has arisen.

b. IN NO EVENT SHALL DATALOGICS BE LIABLE TO YOU FOR DAMAGES IN EXCESS OF AMOUNTS ACTUALLY PAID WITH RESPECT TO THE SERVICES AND SOFTWARE IN THE TWELVE MONTHS PRECEDING THE DATE OF THE CLAIM HEREUNDER.

c. NO PARTY WILL BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

Export Control Classification Number (ECCN) for all Datalogics, Inc. products is EAR99.