SNOWBOARD EULA Please read the following End User License Agreement to ensure you agree with the terms and are legally allowed to accept it. ARC4DIA TRIAL END USER LICENSE AGREEMENT EARLY SNOW PLEASE READ THE TERMS AND CONDITIONS OF THIS TRIAL END USER LICENSE AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE PARTICIPATING IN THE FREE TRIAL AND STARTING USING ANY ARC4DIA LABS INC. PRODUCTS OR SERVICES. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN THE ENTITY OBTAINING ARC4DIA PRODUCTS OR SERVICES ("CUSTOMER") AND ARC4DIA LABS INC. (ARC4DIA). BY ACCEPTING ELECTRONICALLY, CUSTOMER ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND IS BOUND BY IT. YOU CERTIFY THAT YOU HAVE THE AUTHORITY TO BIND CUSTOMER. IF CUSTOMER DOES NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS, INSTALL OR USE ARC4DIA PRODUCTS, IN ANY MANNER AND DELETE OR DESTROY ALL COPIES OF ARC4DIA PRODUCTS IN YOUR POSSESSION. 1. Definitions "Portal" means the web-base portal SNOWBOARD owned and operated by Arc4dia or any other web-based platform or online application hosted by Arc4dia or a third party hosting facility designated by Arc4dia, which allow the Customer to manage, view and share investigation and communicate with Arc4dia'cloud. "Services" means services made available by Arc4dia during the trial period, including but not limited to automated monitoring services against computer intrusions, access to the Software and access to the Portal. "Software" means all software programs distributed, published or otherwise made available by Arc4dia including, but not limited to the Snow Sensor Installers software for Windows and Mac computers; Software also includes updates and upgrades as well as accompanying manuals, on-line explanatory information and other written, files, electronic or on-line materials or documentation supplied by Arc4dia and any copies of such software, materials or documentation. "Arc4dia Products" mean the the Services, the Portal and the Software and any other services or products made available to the Customer by Arc4dia as part of this free trial. "Evaluation Period" means a period of 30 days from the date Customer is sent the free trial URL via email. 2. License 2.1. Arc4dia will make the Arc4dia Products available to Customer for evaluation via the Portal during the Evaluation Period. 2.2. Subject to the terms and upon the conditions of this Agreement, Arc4dia grants to Customer a non-exclusive, non-transferable and non-sublicensable right, limited for the Evaluation Period, to use the Arc4dia Products solely for the purpose of internally evaluating the suitability of the Arc4dia Products for Customer's internal business purposes. 3. Title, Ownership and Intellectual Property Rights 3.1. The Arc4dia Products are being licensed to Customer and Customer hereby acknowledges that no title or ownership in the Arc4dia Products is being transferred or assigned and the license granted herein does not constitute a sale of the Arc4dia Products or any portion or copy of it. 3.2. The Arc4dia Products are the intellectual property of Arc4dia and are protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the Arc4dia Products are being used. All right, title, and interest, including all intellectual property rights in and to the Arc4dia Products, including any updates, upgrades, modifications, and derivative works shall remain with Arc4dia. Access to the Arc4dia Products is provided to Customer only to allow Customer to exercise the Customer's limited rights under the license granted herein. 3.3. Customer may, from time to time, provide comments or suggestions about the Software, the Portal or any other Arc4dia Products to Arc4dia and Arc4dia shall have the right to retain and use any such comments or suggestions in its current or future products or services or otherwise market or exploit such comments or suggestions without compensation to Customer and without Customer approval and without restriction or obligation of any kind or nature. 4. Use Restrictions and Conditions 4.1. The Arc4dia Products and any part thereof may not be sublicensed, resold, rented, commercialized, distributed or otherwise transferred to any other party. Except as otherwise provided by law, Customer agrees not to (or permit others to) (i) decipher, reverse engineer, de-compile, disassemble, or otherwise attempt to derive the source code or algorithms of the Software or any Arc4dia Products, (ii) create derivative works based on the Arc4dia Products or any part thereof, (iii) develop methods to enable unauthorized parties to use the Arc4dia Products, (iv) remove any Arc4dia Products identification, copyright, trademark or other notice from any Arc4dia Products or back-up copies thereof, (v) use any intellectual property rights protected by applicable laws and contained in or accessible through the Arc4dia Products for the purpose of building a competitive product or service or copying its features or user interface or (vi) use the Arc4dia Products, or permit them to be used, for purpose of product benchmarking or other comparative analysis intended for publication without Arc4dia's prior written consent. 4.2. Customer shall use commercially reasonable efforts to prevent unauthorized access to or use of the Arc4dia Products and notify Arc4dia in writing immediately of any unauthorized use of, or access to the Arc4dia Products or any Arc4dia network or property. 4.3. Arc4dia Products may include links to third party services or third party services may be made available to Customer via Arc4dia Products. These third party services are subject to respective third party terms and conditions. Customer shall study these third party terms and conditions carefully as they constitute an agreement between Customer and the applicable third party service provider. 4.4. In order for certain features of the Arc4dia Products to operate properly, Customer shall have and maintain a) an adequate internet connection, b) a valid and active account with an online service and c) a computer operating system Windows XP (and up) or MAC OS X 10.9 (and up). 5. Customer Data and Aggregated Data 5.1. In the course of providing Customer with the services and products contemplated in this Agreement, the Customer acknowledges and agrees that Arc4dia may collect, use, process store and analyze data, information, diagnostic and usage related content from computers, mobile phones, servers, workstations, network connections or other devices Customer uses to access the Arc4dia Products or on which Arc4dia Products are installed (the "Customer Data"). The Customer Data may include, but is not limited to, URLs of any website visited by Customer, information and files on computers or devices identified as potentially vulnerable to an attack or a breach or under a security intrusion, information about senders of emails and information contained in emails and statistical information about threats detected by Arc4dia. 5.2. Customer agrees that Arc4dia may process Customer Data to create and compile anonymized, aggregated datasets and statistics about the Arc4dia Products and security threats in order to a) maintain and improve the performance and integrity of Arc4dia Products and maintenance and support services, b) analyze and understand how customers interact with Arc4dia Produts and develop new products or services, c) use statistics to track and publish reports on security risk trend and, d) market Arc4dia services and products, provided in each case that such aggregated datasets and statistics (the "Aggregated Data") will not enable Customer or any individual to be identified. Customer acknowledges that the Aggregated Data will belong to Arc4dia and Arc4dia undertakes to respect Customer's privacy rights and take measures to ensure that any collected information or data will receive an adequate level of protection. 5.3. Notwithstanding anything to the contrary in this Agreement or any other materials provided to you in connection with the Arc4dia Products, Arc4dia shall have the rights to cooperate with any legal process or government inquiry (including court orders and law enforcement requests) related to any security intrusion or your use of Arc4dia Products. In connection with such cooperation Arc4dia may provide documents and information relevant to a legal investigation or legislative requirement, which may include disclosure of your personally identifiable information. 6. Term and Termination 6.1. This Agreement is in full force and effect during the Evaluation Period unless terminated earlier pursuant to Section 6.2 below. 6.2. Either party may terminate this Agreement at any time by providing a minimum of two (2) days written notice to the other party. Additionally, either party may terminate this Agreement if the other party: (a) materially breaches its obligations hereunder and, where such breach is curable, such breach remains uncured for two (2) days following written notice of the breach, or (b) becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. 6.3. Upon expiration or termination of this Agreement, (a) the rights granted under this Agreement will be immediately revoked, Arc4dia may immediately deactivate Customer's free trial account and Customer agrees to cease all use of the Arc4dia Products and take all reasonable measures to remove existence of the Arc4dia Products on its system (b) the Customer Data will be deleted by Arc4dia from the Arc4dia system and (c) Confidential Information (as defined in Section 7) shall be returned or destroyed. Sections 3, 5.2, 6, 7 and 8 will survive termination or expiration of this Agreement. 7. Confidentiality All Confidential Information (as defined below) disclosed by one party to the other will be treated as confidential by the party receiving such confidential information and not used nor disclosed to any third party without the prior written consent of the disclosing party except to the extent required by law (and in those circumstances the receiving party will give prior written notice to the disclosing party of the anticipated disclosure). The foregoing obligations as to confidentiality will remain in full force and effect notwithstanding any termination of this Agreement. In this Agreement, Confidential Information means any non-public, confidential and proprietary information disclosed by one party to the other, either directly or indirectly, in writing, orally or by inspection of tangible objects (including without limitation documents, prototypes, samples, media, documentation, discs, code, source code and algorithms). Confidential information shall not, however, include any information which Customer can establish (i) was in the public domain prior to the time of disclosure (ii) becomes publicly known and made generally available after disclosure through no action or inaction of the receiving party; (iii) was lawfully in the possession of the receiving party, without confidentiality restrictions, at or after the time of disclosure by the disclosing party as shown by the receiving party's files and records; or (iv) is independently developed in the future without reference to the Confidential Information. 8. Disclaimer of Warranties and Exclusion of liability 8.1. Customer is aware that the Software and Services may make changes to its computer network that may adversely affect its functionality, such as deleting system, program, data or files identified (correctly or incorrectly) by Arc4dia as being under security threat or intrusion or being components of a network under security threat or intrusion. Customer acknowledges and agrees to such changes to its computer network that may occur as a result of the use of the Arc4dia Products. 8.2. THE ARC4DIA PRODUCTS ARE PROVIDED TO CUSTOMER ON A "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ARC4DIA DOES NOT WARRANT THAT THE PRODUCT WILL MEET CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL DEFECTS OR SECURITY INTRUSION WILL BE CORRECTED OR DETECTED. ARC4DIA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR OTHER DAMAGE RESULTING FROM SUCH INTERRUPTION, ERROR OR ISSUES. IN THE EVENT THAT THE APPLICABLE LAW LIMITS THE DURATION OF THE EXCLUSION OF IMPLIED WARRANTIES SUCH WARRANTIES ARE LIMITED TO THE MINIMUM PERIOD REQUIRED BY LAW. 8.3. CUSTOMER AGREES AND ACCEPTS THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARC4DIA OR ITS DISTRIBUTORS OR AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF RECORDS, LOSS OF SYSTEM AVAILABILITY, LOSS OF COMPUTER RUN TIME OR COST OF COVER. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT ARC4DIA OR ITS DISTRIBUTORS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARC4DIA'S OR ITS DISTRIBUTORS' OR AGENTS' MAXIMUM AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD PARTY UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT OR CONTRACT) FOR ANY DAMAGES ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, OR THE USE OF OR THE INABILITY TO USE THE ARC4DIA PRODUCTS SHALL BE LIMITED TO THE AMOUNT OF FIVE U.S. DOLLARS ($5.00). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE FOREGOING LIMIT. 9. General 9.1. This Agreement is the entire agreement between the Customer and Arc4dia with respect to the subject matter hereof and the Arc4dia Products. This Agreement supersedes any other agreements, communications or proposals with respect to the Arc4dia Products. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision of the Agreement will be enforced only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall remain in full force and effect. 9.2. Failure by either party to enforce any of its rights under this Agreement will not be deemed a waiver of any right which that party has under this Agreement. Neither party shall be liable for non-performance of this Agreement, if the non-performance is caused by events or conditions beyond that party's control and the party gives prompt notice and makes all reasonable efforts to perform. 9.3. The laws of Quebec (Canada) will govern all issues arising under or relating to this Agreement, without giving effect to the conflict of laws principles thereof. Without limiting Arc4dia's right to seek equitable or injunctive relief in any jurisdiction it deems right, all disputes arising under or relating to this Agreement shall be resolved exclusively in the appropriate court in the city of Montreal (Quebec), Canada. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. 9.4. Customer cannot assign any of its rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of Arc4dia. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. Any attempted assignment in breach of this Section 9.4 shall be void. 9.5. Arc4dia and Customer are independent contractors and no agency, employment, partnership, joint venture, or other joint relationship between the parties is created by this Agreement. IF YOU HAVE ANY QUESTION CONCERNING THIS AGREEMENT, YOU MAY CONTACT info@arc4dia.com