END USER COMMERCIAL LICENSE AGREEMENT Version 1.0, effective as of April 1th, 2018 THIS IS A LEGAL AGREEMENT. BY USING THE SOFTWARE CUSTOMER BECOMES A PARTY TO THIS AGREEMENT AND CONSENTS TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW. 1. DEFINITIONS 1.1. "Company" means artcom venture GmbH, registered in the Commercial Register maintained by the District Court Berlin Charlottenburg, HRB 130315B, Germany, U-St. ID: DE 815 235 397. 1.2. "Customer" means the sole proprietor or legal entity specified in the Commercial License. 1.3. "Agreement" means this the Software Subscription Agreement. 1.4. "Software" means the Kaizen desktop application. 1.5. "User" means any employee, independent contractor or other personnel obtaining access to the Software from Customer. 1.6. "Workstation" means a computer device used by a User for running the Software. 1.7. "Software Subscription" specifies the subscription term, fees and payment schedules. 1.8. "Commercial License" means an email confirming Customer’s rights to access and use Software, including the license key(s) and the subscription details. 2. RIGHTS 2.1. The Software is provided on a per-workstation basis. 2.2. Company grants Customer a non-exclusive and non-transferable rights to use the Software covered by the Software Subscription as stipulated below: 2.2.1 Customer may: (A) Install and use any version of the Software covered by the Software Subscription on any number of Workstations and on any operating system supported by the Software; and (B) Make one backup copy of the Software solely for archival purposes. 2.2.2 Customer may not: (A) Allow the same the Software Subscription to be used concurrently on more than one Workstation; (B) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Software; (C) Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Software. 2.3. Customer acknowledges that no ownership right is conveyed to Customer under the Agreement. 2.4. Company reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability or other characteristics of the Software. 2.5. Company may modify the Agreement from time to time. If a revision meaningfully reduces Customer’s rights, Company will use reasonable efforts to notify Customer. 2.6. Company may deliver a notice via electronic mail to an email address provided by Customer, registered mail, or courier. 3. FEES 3.1. Customer shall pay its Subscription fees in accordance with terms of purchase. 3.2. The Subscription fees shall be paid in full, and any levies, duties and/or taxes imposed by Customer’s jurisdiction shall be borne solely by Customer. 4. WARRANTY 4.1 Software is provided to customer on an "as is" and "as available" basis. Use of the Software is at customer’s own risk. 4.2 Company makes no warranty as to the Software use or performance. 4.3 Customer agrees it is solely responsible for any damage to its property or loss of data that results from the Software use. 5. MARKETING 5.1. Customer agrees that Company may identify it as a customer of Company and may refer to it by name, trade name and trademark, if applicable. Company may also briefly describe Customer’s business in Company marketing materials, on the Company website and/or in public or legal documents. 5.2. Customer hereby grants Company a worldwide, non-exclusive and royalty-free license to use Customer’s name and any of Customer’s trade names and trademarks solely pursuant to this marketing section. 6. TERMINATION 6.1. The term of the Agreement will commence upon acceptance of the Agreement by Customer as set forth in the preamble above, and will continue for the Software through the end of the applicable period specified in the Software Subscription. The Agreement will automatically renew with respect to the Software for a successive the Software Subscription term, unless terminated as set forth herein. 6.2. Customer may terminate the Agreement at any time by canceling its Software Subscription. If such termination occurs during a then-current Software Subscription, the Agreement will continue to be effective until the end of that Software Subscription. Such termination does not relieve Customer of the obligation to pay any outstanding fees owed to Company, and no credits or refunds will be issued to Customer for prepaid the fees. 6.3. Company may terminate the Agreement if: (A) Customer has materially breached the Agreement and fails to cure such breach within thirty days of written notice thereof; (B) Customer fails to make the timely payment of Subscription fees; (C) Company is required to do so by law; or (D) Company elects to discontinue providing the Software, in whole or in part. 6.4. Company will make reasonable efforts to notify Customer thirty days prior to termination of the Agreement. 7. MISCELLANEOUS 7.1. If a particular term of the Agreement is not enforceable, the unenforceability of that term will not affect any other terms of the Agreement. 7.2. The Agreement will be governed by the laws of the Federal Republic of Germany, without reference to conflict of laws principles. Customer agrees that any litigation relating to the Agreement may only be brought in, and will be subject to the jurisdiction of, any competent court of the Federal Republic of Germany. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement. 7.3. For exceptions or modifications to the Agreement, please contact Company at: Zitadellenweg 26c, 13599 Berlin, Germany Email: kaizen@artcom-venture.de