Tornado EOS END-USER LICENSE AGREEMENT This End-User License Agreement ("EULA") is a legal agreement between you and Tornado Software and it describes your rights and the conditions upon which you may use the Tornado EOS software. Please read this entire EULA very carefully, as BY ACCEPTING THIS EULA OR USING THE SOFTWARE, YOU AGREE TO ALL OF THESE TERMS. IF YOU DO NOT ACCEPT AND COMPLY WITH THESE TERMS, YOU MAY NOT USE THE SOFTWARE OR ITS FEATURES. 1. GRANT OF LICENSE The software is licensed, not sold. Tornado Software grants you a non-exclusive, non-transferable, limited right to install the software on as many computers as you have valid access to and run up to two (2) instances of it at a time, so long as you comply with all the terms of this EULA. 2. RESTRICTIONS ON USE You are authorized to use the software only if you are properly licensed. Tornado Software retains the full ownership of the software and reserves all rights not explicitly granted in this EULA. For example, you may not (and you agree not to): - Use the software for any commercial purposes without a separate agreement with Tornado Software - Sublicense the software - Further distribute the software or any part of it - Reverse engineer, decompile or disassemble the software, or otherwise attempt to access the source code of it, except and only to the extent permitted by applicable law - Use any online services for the software in a way that is illegal or interferes with anyone else's use of them - Copy the software for other than backup purposes 3. UPDATES, UPGRADES, SUPPLEMENTS AND ONLINE SERVICES Tornado Software has no obligation to and may not provide any updates, upgrades, supplements or online services for the software. 4. ACTIVATION All features of the software might be unavailable until you have activated your license with the your login and password. You cannot activate your license if you do not have an internet connection or the online services for the software are not available. 5. PRIVACY AND TELEMETRY You consent to the collection of the following personal data during your use of any online services for the software, that require user interaction: - Your IP address - Your computer hardware information include serial numbers of devices - Your computer software information - Your computer language, country, timezone, user name - Your license information If you explicitly allow telemetry, additional personal and/or anonymized data may be automatically collected during your use of the software. All personal data is handled as per the Privacy Policy of Tornado Software. 6. TERMINATION Your license will automatically terminate, with or without notice to you, if you are, or Tornado Software suspects that you are, failing to comply with any of the terms of this EULA. If your license is terminated, you must immediately stop using the software and destroy all copies of it. You may also request the termination of your license yourself. 7. DISCLAIMER OF WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 8. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TORNADO SOFTWARE BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, FAILURE OR MALFUNCTION OF DEVICE OR SOFTWARE OR OTHER COMMERCIAL OR ECONOMIC LOSS), EVEN IF Tornado Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. DISPUTE RESOLUTION AND GOVERNING LAW Should a dispute arise between you and Tornado Software, you are strongly encouraged to first seek resolution by directly contacting Tornado Software. The terms of this EULA shall be governed by the laws of Russian Federation without regard to conflict of law provisions. The courts of Russian Federation shall have the exclusive jurisdiction and venue to adjudicate any dispute arising between you and Tornado Software. 10. ADDITIONAL TERMS As the software is likely to evolve and change, Tornado Software may need to revise the terms of this EULA in connection of an update. The revised terms shall automatically apply to the corresponding versions of the software distributed with the revised terms. If any part of the terms of this EULA is found void and unenforceable, it will not affect the validity of rest of the terms of this EULA, which shall remain valid and enforceable.