SISENSE, LTD. END USER LICENSE AGREEMENT IMPORTANT NOTICE --- PLEASE READ CAREFULLY THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU ("YOU", "YOUR") AND SISENSE, LTD. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE OPENING THE PRODUCT PACKAGE AND/OR USING THE CONTENTS THEREOF AND/OR DOWNLOADING THE SOFTWARE PRODUCT, INSTALLING IT OR OTHERWISE USING IT, INCLUDING WITHOUT LIMITATION THE DOCUMENTATION, SUPPLIED BY SISENSE LTD. ("SISENSE"), OR ANY OF ITS AFFILIATES AND/OR BY ANY DISTRIBUTOR, RESELLER, REPRESENTATIVE OR AGENT ON SISENSE'S BEHALF. BY OPENING THE PRODUCT PACKAGE AND/OR BY DOWNLOADING THE OBJECT CODE VERSION OF THE SOFTWARE, INCLUDING ANY LICENSE KEYS, REVISIONS, CORRECTIONS, MODIFICATIONS, ENHANCEMENTS, BUGFIXES, UPDATES, UPGRADES AND/OR ANY OTHER RELEASE THERETO (COLLECTIVELY, TOGETHER WITH THE DOCUMENTATION: THE "SOFTWARE"), AND/OR BY INSTALLING THE SOFTWARE ON YOUR COMPUTER AND/OR BY CLICKING ON THE "ACCEPT" BUTTON, AND/OR BY OTHERWISE USING THE SOFTWARE, YOU ARE ACCEPTING THE AGREEMENT AND AGREEING TO BE BOUND BY ITS TERMS AND CONDITIONS. THIS AGREEMENT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN YOU AND SISENSE AND/OR BETWEEN YOU AND ANY DISTRIBUTOR, RESELLER, REPRESENTATIVE OR AGENT ON SISENSE'S BEHALF. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT OPEN THE PRODUCT PACKAGE, CLICK ON THE "ACCEPT" BUTTON, DOWNLOAD THE SOFTWARE, INSTALL IT AND/OR OTHERWISE USE THE SOFTWARE. INSTEAD, PLEASE PROMPTLY RETURN THE SOFTWARE WITH THE ORIGINAL PACKAGE AND THE PROOF OF PAYMENT TO SISENSE, ERASE THE SOFTWARE FROM YOUR COMPUTER AND DO NOT USE IT IN ANY MANNER WHATSOEVER. Provided that You agree to the following terms and conditions, SISENSE grants You a license to use the Software according to the applicable parts below. Part I Applies if You are installing, downloading or using the Software free of charge for evaluation purposes only or otherwise granted a license to use the "PrismCubed Free Edition" of the Software. Part II Applies if You have purchased or have been otherwise granted a license to use the "PrismCubed Personal Package" of the Software. Part III Applies if You have purchased or have been otherwise granted a license to use the "PrismCubed Professional", "PrismCubed Analyzer" or "PrismCubed Viewer" editions of the Software. Part IV Applies to all grants of licenses. DEFINITIONS: "Accepted Order" means an order submitted by You for Software and/or services that has been accepted by SiSense as evidenced by a written (including electronic) communication from SiSense. This Agreement shall apply together with the contents of a receipt issued by SiSense which includes the license terms as subscribed to/purchased by You: whether the Software purchased was PrismCubed Professional, PrismCubed Personal, PrismCubed Viewer or PrismCubed Analyzer, the number of named users for each, or the number of free viewers (i.e. SiSense Prism Viewers that are sold without a named user), the names of the data sources that work with the SiSense PrismCubed Software, the distribution options granted in the license (PDF, Excel export etc) and the presence of advanced features such as question composition. The Accepted Order, together with this Agreement is the binding agreement between You and SiSense. "Content" means any data or content (such as dashboards or sample charts or data) that is included with the Software or provided by SiSense. For the sake of clarity Content is not included in the Software. "Documentation" means the information about the Software provided to You along with the Software. "License Key" means the code provided to you by SiSense which enables you to activate and operate the Software in accordance with the license scope and terms set forth in the Accepted Order. "License Period" means the license period as specified in the Accepted Order, whether monthly, annual or perpetual. "Named User" means a person who has been registered with SiSense and who is authorized to access and use the applicable Software product. "Permitted Number" means, (a) with respect to PrismCubed Personal, PrismCubed Professional, PrismCubed Analyzer, the number of Named Users specified on an Accepted Order authorized to use the said editions, (b) with respect to PrismCubed Viewer, the number of Named Users specified on an Accepted Order authorized to use PrismCubed Viewer or an unlimited number of un-named users if so described in the Accepted Order. "PrismCubed Personal" means the Software edition designated by SiSense as "PrismCubed Personal." "PrismCubed Analyzer" means the Software edition designated by SiSense as "PrismCubed Analyzer." "PrismCubed Professional" means the Software edition designated by SiSense as "PrismCubed Professional." "PrismCubed Server" means the Software edition designated by SiSense as "PrismCubed Server" or "ElastiCube Server". "SiSense PrismCubed Viewer" means Software designated by SiSense as "SiSense Viewer" or "SiSense Free Viewer". "Update" means any update or upgrade of the applicable item of Software, if any, which SiSense makes generally commercially available, in its sole discretion. Please carefully read the below terms and conditions: Part I APPLICABLE FOR GRANT OF EVALUATION LICENSE AND/ORLICENSE TO USE A "FREE PACKAGE" OF THE SOFTWARE 1.1 License Grant 1.1.1 SISENSE hereby grants to You and You accept a non-exclusive, personal, non-transferable, non-sub licensable, free of charge, limited and revocable license to use the Software, in object code form only, for the sole purpose of evaluating whether to purchase a commercial license to use Software product/s.. The evaluation period is limited to the time period specified by SISENSE at the time the Software is downloaded, but in any event shall not exceed thirty (30) days (the "Evaluation Period"), commencing on Your initial download of the Software. As long as You are using the Software free of charge, You are not entitled to receive a hard-copy of the Documentation. You are only permitted to use the Software, during the Evaluation Period, on two computers only, for the specified Named Users as you used for the download, and for Your internal operations only, and in accordance with Part IV below. 1.1.2 If You have an evaluation copy of the Software without purchasing a license and You wish to purchase a license, please contact SISENSE at support@sisense.com. In such event, You shall promptly pay the applicable license fees and shall receive an applicable License Key. If You elect not to purchase a license, then You should cease using the Software immediately upon expiration of the Evaluation Period. However, as long as You comply with the terms and conditions of this Part I and Part IV below, You may use the "Free Package" of the Software (which includes lesser capabilities and features than the other packages), provided however such use is in accordance with the terms and conditions specified at SISENSE's website with respect to said "Free Package" of the Software, as shall be amended from time to time. Notwithstanding the above, You hereby acknowledge that SISENSE reserves the right to terminate Your license under the "Free Package", at any time upon seven (7) business days notice. In such event, You shall immediately cease using the Software, and promptly destroy it (unless SISENSE directs You to return the Software to it, in which event You must act accordingly), including all copies if any, and the related Documentation, if any, and certify to SISENSE that You have acted accordingly. 1.2 Disclaimer of Warranty THE SOFTWARE IS PROVIDED TO You ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT DEROGATING FROM THE FOREGOING, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS SHALL NOT APPLY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY You. NO DEALER, DISTRIBUTOR, RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY WARRANTY AND/OR OTHERWISE MODIFY THIS DISCLAIMER OF WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. Part II APPLICABLE WHEN PURCHASING A LICENSE TO USE A "PRISMCUBED PERSONAL EDITION" OF THE SOFTWARE 2.1 License Grant 2.1.1 Subject at all times to the license details and conditions in the Accepted Order and continuous payment of the license fees set forth therein, SISENSE hereby grants to You, and You accept, a personal, nonexclusive, nontransferable, non-sub-licensable, fully revocable, fee bearing, limited license to use a "Personal Package" of the Software, in executable form only, during the License Period, as of the date You fully paid the license fees, only in accordance with the terms of this Agreement, and provided the Software will be installed and used by You solely in accordance with the terms of the Accepted Order, for Your internal operations only, and in accordance with Part IV below. Your activation and use of the above license shall be made able by the License Key/s which shall be delivered to you by SiSense, electronically (either by email, via web access or any other means as at SiSense's discretion). 2.1.2 You acknowledge that the PrismCubed Personal Edition cannot open documents created by named users other than the Named User and that You cannot have the documents You create with the PrismCubed Personal Edition opened by other users, licensed or free, with viewer or non-viewer licenses. You can however, export your documents to PDF. 2.2 Limited Warranty 2.2.1 SISENSE warrants that the Software will substantially conform to the Documentation that accompanies it for a period of thirty (30) days (the "Warranty Period") from the date You first downloaded the Software. SISENSE does not warrant that the Software is completely error-free, will operate without interruption or that it will be compatible with all your equipment or software configurations. 2.2.2 SISENSE's entire liability and your exclusive remedy under this warranty shall be for SISENSE to use reasonable commercial efforts to remedy any failure of the Software to materially conform to its documentation, provided that (i) You have fully paid the license fees and submitted evidence of payment, (ii) You are not otherwise in breach of this Agreement, and (iii) You have reported in writing to SISENSE the claimed failure within the Warranty Period. SISENSE's complete and total obligation and Your sole and exclusive remedy for any breach under this warranty shall not exceed the amount You paid for the license. 2.3 Warranty Limitations 2.3.1 SISENSE may disclaim any obligation or liability under this Section 2 if SISENSE determines that the Software has been: (i) altered, modified, or serviced other than by SISENSE; (ii) improperly installed by You; or (iii) improperly used or used in a manner other than as specified in SISENSE's documentation; or (iv) if You violate the terms of this Agreement. The warranty shall not apply if the Software is used on or in conjunction with hardware other than the unmodified version of the hardware with which the Software was designed to be used as described in the Documentation. 2.3.2 You hereby acknowledge and agree that SISENSE's obligation under this Section 2 may require remote connection between Your computer system and SISENSE's computer system, including without limitation, transfer of certain data from Your computer system to SISENSE's computer system by SISENSE's personnel, for the main purpose of attempting to remedy any claimed failure within the warranty (or, inapplicable, a failure covered by SISENSE's support program), and as specified in Section 8 below, entitled: "Connectivity and Privacy". The above warranty (and, if applicable, also any service pursuant to SISENSE's support program) is conditional upon You enabling such remote access and/or transfer of data, and You hereby authorize SISENSE's personnel to do such actions. SISENSE will, at all times, maintain the data in a secure environment. 2.3.3 EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE IS LICENSED "AS IS", AND SISENSE DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. NO DEALER, DISTRIBUTOR, RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. Part III APPLICABLE WHEN PURCHASING A LICENSE TO USE A "PRISMCUBED PROFESSIONAL", "PRISMCUBED ANALYZER" AND "PRISMCUBED VIEWER" EDITIONS OF THE SOFTWARE 3.1 License Grant 3.1.1 Subject at all times to the license details and conditions in the Accepted Order and continuous payment of the license fees therein, SISENSE hereby grants to You, and You accept, a personal, nonexclusive, nontransferable, non-sub licensable, fully revocable, fee bearing, limited license to use a "PrismCubed Professional", "PrismCubed Analyzer" and/or "PrismCubed Viewer" edition/s of the Software, in executable form only, during the License Period, as of the date You fully paid the license fees, only in accordance with the terms of this Agreement, including without limitation Part IV below, and provided that at any given time the Software will be installed and used only by the Named Users, either as PrismCubed Viewers or PrismCubed Professional or Analyzer editions identified by You at the time the license is purchased. Your activation and use of the above license shall be made able by the License Key/s which shall be delivered to you by SiSense, electronically (either by email, via web access or any other means as at SiSense's discretion). 3.1.2 If You purchased a "PrismCubed Professional" or "PrismCubed Analyzer" license You are authorized to create dashboards/reports and share them with others, either as dynamic documents, excel exports or as PDF reports. However, if You purchased a "Personal Package" license, You are not authorized to create dashboards/ reports for others but only distribute PDF files. If You purchased a "Personal Package" license you can only use the Software for creating dashboards/reports for Yourself. 3.2 Limited Warranty The provisions set forth in Sections 2.2 and 2.3 shall apply also to licenses for Professional Package of the Software. Part IV APPLICABLE TO ALL GRANTS OF LICENSE 4.1 Scope of Grant and Prohibited Uses 4.1.1 The Software may not be installed on and/or used by a number of computers and Named Users exceeding the number of licenses and the Named Users set forth in the Accepted Order. If You wish to install the Software on additional computers and/or have the Software used by other users, additional licenses must be purchased. However, in the event the computer with respect to which You received from SISENSE a license becomes non-operable, the Software may be used on a substitute computer selected by You, and authorized by SISENSE. A license for the Software may not be shared. Neither concurrent use on two or more computer nor use in a local area network or other network is permitted without separate and explicit written authorization from SISENSE and the payment of additional license fees. You hereby acknowledge that in the event the Software is used by more and/or different individuals than those authorized by SISENSE, You will be required to pay SISENSE additional license fees. Without derogating from any of the foregoing You acknowledge that the License Keys vary according to the type of Software product and license scope; you therefore agree that any usage of the License Ket provided to you by SiSense shall be made solely for the type and under the scope for which it was intended. The foregoing is in addition to any other rights and remedies available to SISENSE under this Agreement and/or any applicable law. SISENSE reserves the right and option to conduct periodic reviews and audits, either on-site or otherwise, to ensure compliance with these terms. 4.1.2 You will ensure that the total number (not the concurrent number) of Named Users for each type of Software does not exceed the Permitted Number for such type of Software. You will ensure that only a single person uses a Named User account. You may transfer a Named User account from one person to another person only when the first person is no longer an employee of Your or of Your department that uses the Software; provided that You may not exceed the number of Named Users for which You had paid the applicable fees and, with respect to SiSense Author, You will inform SiSense of the name of the person who is the new Named User. 4.1.3 Without derogating from Sections 4.1.1 and 4.1.2 above, You may not: (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) the Software and/or any part thereof, or create any derivative work based on the Software; (ii) place the Software onto a server so that it is accessible via a public network unless you bought a PrismCubed Server license; (iii) sublicense, transfer, rent or lease the Software or use it as part of a service bureau or as OEM to provide services, views and business intelligence as a module for other software; (iv) copy the Documentation; or (v) disclose the Software or its sources by any means of dissemination. To remove all doubts, You may not use software available without charge for use, modification and distribution ("open source") in conjunction with the Software or any component thereof. 4.1.4 Notwithstanding Section 4..1.3 above, You may transfer all Your rights to use the Software to another person or legal entity provided that: 4.1.4.1 You also transfer to such person or entity (i) this Agreement, and (ii) the Software and all other components bundled or installed with the Software, including all copies, updates and prior versions; and 4.1.4.2 You retain no copies, including backups and copies stored on a computer; and 4.1.4.3 The receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which You obtained a valid license to the Software. Notwithstanding the foregoing, You may not transfer pre-release, or not for resale copies of the Software. You may not publish any results of benchmark tests run on the Software. 4.1.5 This Agreement grants You the right to receive unlimited free online support which includes email, online forums and SiSense community support, as further detailed in the sisense.com site. Additional, non-covered support may be provided subject to payment of applicable support fees and subject to SiSense's standard support terms. For more information on additional support please contact SISENSE at support@sisense.com. 4.2 Term/Termination 4.2.1 This Agreement and the license granted herein may be terminated, in whole or in part, by written notice from SISENSE upon the happening of one or more of the following events: (i) if You fail to make any payments due or materially breach the terms hereof; or (ii) if You are adjudicated bankrupt and a receiver or trustee is appointed for You or if an assignment is made for the benefit of Your creditors; or (iii) if You fail to notify SISENSE of any sale or transfer of ownership, or any change in your legal status, that might in any way affect this license, the license fees, or SISENSE's rights in the Software. 4.2.2 Upon the expiration or termination of this Agreement: the license granted to You in this Agreement shall expire and You, upon termination, shall discontinue all further use of the Software; and (ii) You shall promptly return to SISENSE all tangible property representing SISENSE's intellectual property rights in the Software and all copies, updates, modifications, bug fixes and workarounds made to the Software and derivative works and You shall erase/delete any of the foregoing held by You in electronic form. Your authorized officer shall certify to SISENSE in writing that You have complied with the requirements of this Section. 4.2.3 Sections 1.2, 2.2, 2.3, 3.2, 4.1.1, 4.1.2, 4.1.3, 4.2.2, 4.2.3, 4.3, 4.4, 4.7 and 4.7 shall survive any termination of this Agreement. 4.3 Proprietary Rights; Non-Disclosure 4.3.1 The Software is not for sale and it is and shall remain SISENSE's sole property. All intellectual property rights (including, without limitation, copyrights, trade secrets, trademarks, etc.) evidenced by or embodied in and/or attached/connected/related to the Software, are and shall be owned or controlled solely by SISENSE. This Agreement does not convey to You an interest in or to the Software, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of SISENSE's intellectual property rights under any law. Without derogating from the above, You understand and acknowledge that the Software contains or includes proprietary confidential information and trade secrets of SISENSE. You shall take all reasonable steps to safeguard all confidential information and trade secrets with the same degree of care used to safeguard your own trade secrets and confidential information, but no less than a reasonable degree of care shall be used. 4.3.2 The Software contains software provided by third parties. Such third party software is licensed under the applicable license terms attached thereto and if no such terms are attached then, such software is licensed under the terms of this license and accordingly, the restrictions contained in this Agreement shall apply to such third party software providers and third party software as if they were SiSense's and the software respectively. Without derogating from the above, the Software includes certain software licensed from Oracle USA ,Inc. ("Oracle") pursuant to an agreement between SISENSE and Oracle entitled: "Oracle Technology Network Department and Distribution License Terms for Instant Client", the terms and conditions of which are specified at: (the "Oracle Agreement").You hereby agree that Oracle is a third-party beneficiary of this Agreement and that You will not act in contravention of Oracle's rights under the Oracle Agreement. 4.3.3 With regard to the parts of the software containing MonetDB, the following notice and terms apply - With regards to the parts of the software containing MonetDB the following notice applies -'The contents of this file are subject to the MonetDB Public License Version1.1 (the 'License'); you may not use this file except in compliance with the License. You may obtain a copy of the License at . Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. The Original Code is MonetDB. The Initial Developer of the Original Code is CWI. Portions created by SiSense Ltd are Copyright(C) 2008-2009. All Rights Reserved. Contributor(s): Eldad Farkash. Link to modified source code . 4.3.4 You further understand and acknowledge that any breach of these terms and conditions will cause irreparable harm and injury to SISENSE for which monetary damages may not be adequate remedies. Therefore, You agree that SISENSE shall be entitled to injunctive and/or other equitable relief in addition to all other remedies provided under this Agreement or available at law or equity. You further agree to permit SISENSE to audit Your use of the Software. 4.4 Limitation of Liability IN NO EVENT WILL SISENSE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES RELATED TO THE DELIVERY, INSTALLATION, PERFORMANCE, USE OR INABILITY TO USE THE SOFTWARE AND/OR ANY COMPONENT OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, UPDATE AND ENHANCEMENT, PROVIDED BY SISENSE, EVEN IF SISENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SISENSE'S MAXIMUM LIABILITY FOR DAMAGES, IF ANY, WHETHER INCONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE SHALL NOT EXCEED THE LICENSE FEE PAID TO SISENSE FOR USE OF THE SOFTWARE. 4.5 Connectivity and Privacy 4.5.1 When You download and install the Software SISENSE may collect technical information about Your computer, such as memory, bandwidth, etc. Thus, when You use the Software, Your computer will automatically connect to SISENSE's website. SISENSE may then access, collect and use Your: (i) non-personal identifiable information, such as manner, consistency, duration, usage pattern, statistics and other information identifying the ways in which You use the Software; and (ii) personal data such as user name, password, name and address, credit card, etc.; and (iii) metadata such as how many requests You issued, commonly used data sources, etc. 4.5.2 Any communication of Your computer with SISENSE's website is governed by SISENSE's privacy policy ("Privacy Policy"), as sets forth at SISENSE's website (www.sisense.com ), as amended from time to time. The information SISENSE collects is used for technical reasons and in order to improve the products and services available by SISENSE. The information collected shall not be distributed or shared with third parties, except (i) that SISENSE may share pertinent information with credit card companies in connection with, and only as necessary, to collect the fees paid by You; or (ii) if required by law; or (iii) if You request. 4.5.3 You hereby agree that the Software may cause Your computer to automatically connect to the Internet to let SISENSE know that the Software is successfully installed, check for updates that are available for automatic download to Your computer, gather information as specified above, and create cookies. 4.5.4 In case You wish to know what personal data SISENSE holds about You or You wish to update, rectify, anonymize or delete any incomplete, incorrect or outdated personal data, or You wish SISENSE to cease processing Your personal data, You should, as appropriate and in accordance with applicable law, contact SISENSE at support@sisense.com . In some cases, SISENSE may not then be able to provide You with certain services. 4.5.5 You hereby permit SISENSE and any party on SISENSE'S behalf to offer You products and/or services and to communicate to You advertising and promotional material in connection therewith, including without limitation, by sending You such materials via any of the following communication channels: electronic mail (e-mail), short message service (SMS), multimedia message service (MMS), automatic dialing system or fax. You may cancel the aforesaid permission upon notice to SISENSE at support@sisense.com or as specified in said advertising and promotional materials. SISENSE may not have access or control over features that a third party may use, and the information practices of third party websites are not covered by this Agreement. 4.6 Export The Software should not be transferred or exported into any country or used in any manner prohibited by applicable law. It is stipulated that the Software is subject to certain export control laws, rules, and/or regulations, including without limiting the foregoing, the United States and/or Israeli export control laws, rules, and/or regulations. You agree to fully comply with all such export/import laws as set forth herein and any update made thereto from time to time. You agree to indemnify, defend, and hold SISENSE, its officers, directors and employees harmless from and against any claims, liabilities, demands, penalties, fines and costs resulting from your failure to comply with these requirements. 4.7 Governing Law and Jurisdiction The laws of the State of Israel shall govern all issues arising under or relating to this Agreement, without giving effect to the conflict of laws principles thereof. Without derogating from the above and for purposes of clarifications only, the United States Uniform Computer Information Transaction Act, as well as any other on-Israeli laws, is excluded. All disputes under or relating to this Agreement shall be resolved exclusively in the competent courts sitting in the Tel Aviv District, Israel and the parties agree and consent to the exclusive jurisdiction and venue of such court. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement. 4.8 General This Agreement constitutes the entire understanding and agreement between the parties and no other terms shall apply. Neither party is deemed an agent of the other. You agree that to the extent you had purchased a commercial license to use the Software (i.e. you are not under a free evaluation), SiSense shall be free to refer to You as a SiSense customer in any SiSense marketing materials, including, without limitation, in its website. For such purpose You grant SiSense the right and license to use and publish Your trademarks and logos in such marketing materials.Notices must be in writing, given by mail or by facsimile followed by mail, signed by an officer of the party giving same, and will be deemed given seven (7) days after deposit in the mail or on the date of facsimile transmission. No delay or failure to enforce any rights under this Agreement will be deemed a continuing waiver of such rights. The provisions of this Agreement are severable and if any part of this Agreement is rendered invalid or unenforceable, the remaining parts shall continue and be valid and enforceable. Neither party shall be responsible or liable for failure to fulfill its obligations under this Agreement due to causes beyond its control, including without limitation, delays in delivery or installation of the Software. This Agreement or any rights under it may not be assigned or transferred without the prior written consent of SISENSE.