EVIDENT END USER LICENSE AGREEMENT

IMPORTANT - CAREFULLY READ THIS END USER LICENSE AGREEMENT ("EULA") BELOW BEFORE USING THE SOFTWARE.

THIS EULA IS A VALID AND LEGALLY ENFORECEABLE AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ("YOU") AND EVIDENT TECHNOLOGY CENTER EUROPE GmbH (HEREINAFTER REFERRED TO AS "EVIDENT").

1. The [Firmware Update Program] (the "SOFTWARE") and any documentation, data and information associated with it are intellectual property of EVIDENT and its licensors.
    
2. The SOFTWARE is delivered in machine-readable format only. EVIDENT hereby grants YOU the non-exclusive, non-sublicensable right to use the SOFTWARE. The right to use the SOFTWARE is for an unlimited time unless otherwise specified.  YOU shall be permitted to make a copy for backup purposes. Unless permitted by mandatory law, YOU shall not be entitled to modify, disassemble, reverse engineer, decompile or otherwise alter the SOFTWARE in whole or in part. EVIDENT and its licensors reserve all intellectual property rights. Licensee shall not modify or delete copyrights notices or trademarks from the SOFTWARE.
    
3. YOU shall be obliged to transmit the right to use the SOFTWARE to a third party only in connection with the product that the SOFTWARE is designed to update. In the event that YOU transfer the right to use the SOFTWARE to a third party, YOU shall ensure that the third party agrees to this EULA. YOU shall not retain backup copies of the SOFTWARE. In the event YOU transmit the SOFTWARE to a third party, YOU shall be responsible for and shall release EVIDENT insofar from any liability arising out of export control laws and obligations.
    
4. YOU may not during the update process (i) interrupt power supply, (ii) close the SOFTWARE (iii) turn off the computer on which the SOFTWARE is running, or (iv) run any other software applications. Except for as permitted by applicable law, YOU may not without EVIDENT's prior written approval (i) transform, adapt or modify, make a derivative work from a whole or part of the SOFTWARE, (ii) reproduce or distribute a whole or part of the SOFTWARE, (iii) analyze, decompile, disassemble, derive information from, or otherwise reverse engineer the SOFTWARE.
    
5. This SOFTWARE has been produced with all due care. EVIDENT hereby disclaims all liability and warranties, whether express or implied, relating to this SOFTWARE's quality, performance or suitability for any specific purpose, which deviates from the performance specifications contained in the SOFTWARE description. EVIDENT shall not be liable for damages arising directly or indirectly from the use of the SOFTWARE, nor for incidental or consequential damages, except in case of fraudulent concealment, intent, or gross negligence. All further liability is excluded.
    
6. Without prejudice to any other rights, EVIDENT may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In case of the termination of this EULA, you must immediately cease to use the SOFTWARE and destroy all copies of the SOFTWARE. YOU can terminate this Agreement by ceasing the use of the SOFTWARE, destroying all of the SOFTWARE and its copies and notifying EVIDENT of such termination, provided that your obligations hereunder will survive the termination.
    
7. This EULA shall be governed by, performed under, and construed in accordance with the laws of Germany. The United Nation's convention on the international sale of goods (CISG) shall not apply. The courts of Münster, Germany, will have exclusive jurisdiction over any dispute arising out of this EULA.