LICENSE AGREEMENT FOR PMOD ANALYSIS TOOLS PMOD Technologies LLC, Zurich, Switzerland (PMT) has the exclusive right to redistribute the PMOD software (PMOD). PMT is willing to license modules of the PMOD software according to the purchased configuration to the individual and/or business entity (YOU) under the terms of this AGREEMENT. Please read the AGREEMENT carefully. By installing the PMOD software, YOU accept the terms of this AGREEMENT. 1. SOFTWARE LICENSE 1.1. Subject to the Delivery Note, PMT grants YOU a license to use the PMOD software. 1.2. The Software’s functional specification is available on PMT´s website at https://www.pmod.com/open/specifications or such other website as indicated by PMT from time to time. PMT may update PMOD´s functional specifications from time to time, as deemed necessary by PMT. 2. PERMITTED USE 2.1. The use of PMOD is limited such that no more than the maximum number of concurrent users as specified in the respective Delivery Note may be using PMOD at the same time. 3. USES NOT PERMITTED 3.1. PMOD is a software FOR RESEARCH USE ONLY (RUO) and must not be used for diagnosis or treatment of patients. 3.2. Regardless of the PMOD modules licensed, YOU will use PMOD only for your own internal business purposes as designated in the respective Delivery Note. 3.3. YOU will not use PMOD for any purpose and/or by any means other than as expressly permitted by this AGREEMENT. Without limiting the generality of the foregoing, YOU will not: 3.3.1. attempt to use or modify PMOD to circumvent any license conditions, or permit any third party to do so 3.3.2. permit any affiliates (except if agreed to in writing by PMT) or other third parties to use PMOD 3.3.3. process or permit the processing of data of any third party without obtaining License expressly covering such use (commercial License) 3.3.4. rent, lease, sublicense or otherwise make PMOD available to third parties 3.3.5. use PMOD in performing or conducting research on behalf of third parties except where expressly indicated in the respective Delivery Note 3.3.6. if the License is restricted for Academic use, use PMOD for any commercial use whatsoever, whether for YOU or indirectly to the benefit of any third party 3.3.7. use PMOD in the operation of a service bureau 3.3.8. transmit, disclose, translate, adapt, modify, decompile, or otherwise reverse engineer PMOD or the embodied algorithms or databases contained in the Software, or permit others to do the same 3.3.9. permit PMOD or any part of it to be combined with, or become incorporated in, any other programs 3.3.10. alter or remove any information on copyrights included in PMOD or the corresponding documentation. 3.4 YOU have no rights with regards to the source code of PMOD or the access to such source code. YOU shall neither attempt to remove any protections nor take any actions with the intention to gain access to, reproduce, decompile, disassemble, change, or modify the source code of PMOD 3.5 No rights whatsoever are granted to YOU with regards to the copyrights in and to PMOD or any other computer programs, or the documentation provided in connection therewith. 3.6 The integrity of PMOD is protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in the PMOD Software of PMT are not misappropriated. YOU must not attempt in any way to remove or circumvent any such TPM, nor to apply, manufacture for sale, hire, import, distribute, sell, nor let, offer, advertise, or expose for sale or hire, nor have in your possession for private or commercial purposes, any means whose sole intended purpose is to facilitate the unauthorised removal or circumvention of such TPM. 3.7 YOU will not copy PMOD except 3.7.1 in connection with the installation of the Software 3.7.2 one (1) copy per your site for backup and disaster recovery purposes 3.7.3 Any copies of PMOD will bear all copyright, trademark and/or other proprietary notices of PMT included in the PMOD Software 3.7.4 The backup copy may not be used simultaneously with the Software. YOU will keep accurate records of all copies it makes of PMOD or the documentation setting forth the number of copies made and the location of each copy. 4. TERM OF LICENSE VALIDITY 4.1. The License is granted for a fixed term as specified in the respective Delivery Note. 5. DISCLAIMER OF WARRANTY 5.1. PMT warrants that the PMOD Software will substantially function in accordance with and conform to the applicable documentation or functional specifications for a period of ninety (90) days from the date of delivery when properly used in full compliance with the documentation provided by PMT and on the hardware and with software expressly approved by PMT. PMT does not warrant uninterrupted or error-free operation of the Software. 5.2. Unless specified in this AGREEMENT, all express or implied conditions, representations, and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed. 6. LIMITATION OF LIABILITY 6.1. To the extent not prohibited by law, in no event will PMT be liable for any lost revenue, profit or data, or for special, indirect consequential, incidental, or punitive damages, however caused, regardless of the theory or liability, arising out of or related to the use of or inability to use the PMOD software, even if PMT has been advised of the possibility of such damages. 6.2. In no event will PMT's liability to YOU, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by YOU for the PMOD software under the License Agreement concluded between YOU and PMT. 7. NON-ASSIGNABILITY 7.1. YOU agree that your rights and obligations under this AGREEMENT may not be transferred or assigned to a any third party without a prior written consent of PMT. 8. COMPLIANCE WITH LAWS; EXPORT CONTROLS 8.1. By entering into this AGREEMENT, YOU agree to comply with all applicable laws and regulations with respect to your use of PMOD. 8.2. YOU acknowledge and agree that PMOD and any related technical data and/or services (individually, an "Item" and, collectively, the "Items") are subject to export control, customs, economic sanctions, and anti-boycott laws, regulations, rules, and associated executive orders enacted, issued, entered, promulgated, or enforced by the United States, the European Union, Germany, Switzerland, the United Nations, and the country where YOU are located (provided such applicable local laws or regulations do not conflict with applicable regulations of the United States or the European Union) (each individually, an "Export Control Law" and, collectively, the "Export Control Laws"). 8.3. By entering into this AGREEMENT, YOU further agree that YOU will comply with all applicable Export Control Laws and not provide access to PMOD or to any other Item, directly or indirectly: 8.3.1. to anyone in a U.S. or EU embargoed destination (an “Embargoed Destination”), or to any government or government affiliate of any Embargoed Destination, wherever located. 8.3.2. to anyone listed on, or owned or controlled, directly or indirectly, by one or more entities or individuals listed on, any Restricted Parties List (a “Restricted Party”), unless expressly authorized by Bruker in writing. 8.3.3. for a purpose prohibited under any Export Control Law, including the research on or development or support any nuclear explosive activity, unsafeguarded nuclear activity, or any nuclear fuel cycle activity, or any purpose related to chemical, biological, or nuclear proliferation, missiles, rocket systems, or restricted unmanned aerial vehicle systems (including cruise missiles or target or reconnaissance drones), including but not limited to biological or chemical agents intended for warfare (each, a “Prohibited End Use”). 8.4. By entering into this AGREEMENT, YOU represent and warrant that YOU are not (and that none of the users accessing PMOD under this license) is or will be located in any Embargoed Destination, acting for anyone in an Embargoed Destination, or a Sanctioned Person, and that YOU will not use PMOD or any other Item for any Prohibited End Use, or otherwise in contravention of any applicable Export Control Law. 8.5. YOU further represent and warrant that YOU will only use PMOD for peaceful, non-military purposes, unless otherwise specifically agreed to by PMT in writing. In addition to any other remedy it may have, PMT may terminate this AGREEMENT immediately and without notice, and cancel the download, activation and/or provision of PMOD, any other Item, and any maintenance or other customer service involving any Item if: 8.5.1. PMT has not received all export-related documentation requested by PMT or 8.5.2. PMT believes that such activity may violate any Export Control Law or PMT own compliance policies. 8.6. YOU shall indemnify PMT for all losses, costs, claims, damages, and expenses (including attorney fees and expenses) arising from your violation or alleged violation of any applicable law or regulation, including, without limitation, any Export Control Law. 9. MISCELLANEOUS 9.1 YOU must permit PMT and his representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises, and to the computer equipment located there, at which PMOD or the related documentation is being kept or used, and any records kept pursuant to this AGREEMENT, for the purpose of ensuring that YOU are complying with the terms of this AGREEMENT. 9.2 PMOD may not be compatible with all third-party software or hardware. PMOD only operates on compatible third-party software and hardware as set out on Licensor’s website at https://www.pmod.com/open/computer-requirements or such other website as indicated by PMT from time to time. PMT may update such software and/or hardware requirements from time to time, as deemed necessary by PMT. It shall be solely in your responsibility to ensure that the software and hardware used by YOU meets such requirements. 9.3 YOU acknowledge that to be able to use certain functionalities of PMOD, specific third-party hardware or software may be required (“Third Party Components”). YOU acknowledge and agree that your rights to use such Third-Party Components is subject to and governed by the terms and conditions of the third-party license applicable to such Third-Party Components, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this AGREEMENT and the terms of such third-party licenses, the terms of the third-party licenses shall control your use of the relevant Third-Party Components. 9.4 YOU agree that, while this AGREEMENT is in effect, PMT is authorised to identify YOU as a client in public relations and marketing materials, including identification on PMT’s website, and YOU grant the right to use your corporate name and logo for such purposes. 9.5 In case any provision hereof should be held invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected. Any invalid or unenforceable provision shall be replaced with such new provision which will allow the parties hereto to achieve the intended result in a legally valid and effective manner. 10. APPLICABLE LAW 10.1. This AGREEMENT shall be subject to Swiss substantive law with the exclusion of the collision of law principles. 11. JURISDICTION 11.1. All disputes arising out or in connection with this AGREEMENT, including disputes on its conclusion, binding effect, amendment, and termination, shall be resolved by the ordinary courts in Zurich, Switzerland.