END USER LICENSE AGREEMENT
This End User License Agreement (“Agreement”) is between you (“Licensee”) and Bucher + Suter AG, a Swiss corporation with its principal place
of business at Arastrasse 6, CH-3046 Worblaufen, Switzerland (“Bucher + Suter”). BY ELECTRONICALLY DOWNLOADING THE SOFTWARE,
YOU ACKNLOLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD THE SOFTWARE.
1.
Definitions
For the purposes of this Agreement:
“Documentation” means the Software documentation as displayed on Bucher + Suter’s website (www.bucher-suter.com).
“Customer” means a sub-licensee of Licensee.
“Licensee” means an entity purchasing Software licenses from Cisco Systems, Inc., a California corporation (“Cisco”), under the Cisco SolutionsPlus reselling program.
“Software” means specific Bucher + Suter software products.
2.
License
Subject to compliance with the terms of this Agreement, Bucher + Suter hereby grants to Licensee a personal, non-exclusive, nontransferable, worldwide, revocable license to install and use the Software, in object code form only, solely for internal use within Licensee’s
own business, and limited to the number of licenses purchased. Licensee may make one (1) back-up copy of the Software. Any other use of
the Software shall be prohibited.
Should Licensee be a Cisco channel partner, Licensee shall be permitted to grant a sub-license for the Software to Customer, subject to
such Customer accepting license terms similar to those set out in this Agreement, such Customer not being entitled to make any direct claim
against Bucher + Suter. Any further sublicensing shall be prohibited.
3.
Restrictions
Except as set out in clause 2 above, Licensee shall not, nor permit any Customer or third party, to sub-license, lease, rent, sell, copy, translate, adapt, modify, create derivative works, disassemble, decompile or reverse engineer the Software or attempt to discover any source
code, underlying ideas or algorithms or otherwise engage in any activities designed to replicate its functionality, or create derivative works.
4.
Intellectual Property Rights
Bucher + Suter reserves all right, title, and interest in and to the Software and the Documentation, including without limitation all copyrights,
patents, and other proprietary rights. Licensee shall not be permitted to remove or obscure any copyright or other proprietary notices contained within the Software.
5.
No Support
Nothing in this Agreement shall obligate Bucher + Suter to provide to Licensee any support for the Software including without limitation any
obligation to correct any defects or provide any updates and upgrades.
6.
Term and Termination
The Software license may be terminated by Licensee at any time by destroying the Software, including any back-up copy. In addition, Licensee’s rights under this License shall terminate automatically without notice from Bucher + Suter if Licensee fails to comply with any terms of
this License. Upon termination, Licensee shall destroy all copies of the Software in Licensee’s possession.
7.
Warranty
Bucher + Suter warrants that the Software shall substantially operate in compliance with the Documentation during a warranty period of
ninety (90) days from download of the Software by Licensee. In any case, the warranty shall expire one hundred and twenty (120) days after
Licensee was provided by Cisco or Bucher + Suter with the link to download the Software. In the event of a reproducible malfunction of the
Software causing a measurable deviation from the Documentation (“Defect”), Bucher + Suter’s sole obligation and Licensee’s exclusive
remedy under this warranty shall be limited to replacing or correcting the Software, using commercially reasonable efforts during the warranty period. Any part of the Software replaced or repaired shall only be warranted for the remainder of the original warranty period.
The warranties provided in this clause shall not apply to deficiencies and faults due to any of the following:

misuse, abuse, neglect or unauthorized modification of the Software by Licensee, Customer or third parties;

integration, installation, maintenance or other work related to the Software, including attempts to repair it, performed by Licensee,
Customer or third parties;

failure of Licensee or Customer to use compatible hardware and software or other non-observance of instructions given by Bucher +
Suter;

any deficiency or error resulting from network issues, hardware, software and other material not supplied by Bucher + Suter;

any other external factor for which Bucher + Suter does not bear any responsibility.
This clause states the exclusive remedies of Licensee with respect to any Defect of the Software.
EXCEPT AS SET FORTH IN THIS CLAUSE, SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS” AND BUCHER + SUTER
DISCLAIMS TO LICENSEE, CUSTOMER AND ANY OTHER THIRD PARTY ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, BY LAW OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
SPECIFICALLY, BUCHER + SUTER DOES NOT WARRANT THAT THE SOFTWARE AND THE DOCUMENTATION WILL BE ERROR
FREE OR PERFORM IN AN UNINTERRUPTED MANNER.
8.
Limitation of Liability
EXCEPT IN CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR IN RELATION TO ANY OTHER LIABILITY THAT MAY
NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED, IN NO EVENT SHALL BUCHER + SUTER BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF
PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF USE, AND LOSS OF PRODUCTION, EVEN IF SUCH DA MAGES WERE FORESEEABLE AND WHETHER OR NOT BUCHER +SUTER HAS BEEN ADVISED OF THE POSSIBLITY THEREOF. IN
ADDITION, THE TOTAL LIABILITY OF BUCHER + SUTER FOR ANY AND ALL CLAIMS RELATING TO OR ARISING UNDER THIS
AGREEMENT SHALL BE LIMITED TO ONE (1) US DOLLAR. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL LEGAL THEORIES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT AND STRICT LIABILITY.
9.
Non-Assignability
Licensee may not assign this Agreement or any of its rights or obligations without the express written consent of Bucher + Suter.
10. Entire Agreement; Amendment
This Agreement constitutes the entire agreement between Bucher + Suter and Licensee with respect to the Software license. Any amendment must be made in writing and signed by authorized representatives in order to be binding.
11. Governing law and Jurisdiction
This Agreement is governed by the laws of Switzerland, excluding any conflict of law rules and the United Nations Convention on Contracts
for the International Sale of Goods. Any dispute arising in connection with or out of the performance or interpretation of this Agreement shall
be exclusively submitted to the courts at Bucher + Suter’s domicile in Switzerland. Any objection or defense based on lack of jurisdiction or
venue is expressly waived.

